Compiler's Note
The Journal of the House of Representatives regular session of 1968 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 8, 1968 through February 27, 1968. Volume II contains February 28, 1968 through March 8, 1968, the committee reports, and the complete index.
JOURNAL
OP THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8, 1968 and adjourned Friday, March 8, 1968
1968 ATLANTA, GA.
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. ELIARD...______________________________ 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
WEDNESDAY, FEBRUARY 28, 1568
2069
Representative Hall, Atlanta, Georgia Wednesday, February 28, 1968
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. Carl F. Hall, Oostanaula Methodist Church, Rome, Georgia:
Father, as we come to you this morning we are mindful that in You we live, move and have our being. We bow our hearts before you acknowledging that You are our Creator, the true and Living God.
God, we are thankful that You are not a God of just one day, Sun day, but a God of every day. We are thankful that You are not restricted by church walls, but that You are present this morning in this cham ber. We are thankful that You have called each of us to serve You and our fellow men.
Father, we ask You to forgive us when we live our lives only for selfish reasons. Forgive us when we fail to do that which is right be cause we fear for our personal well being. Forgive us when our petty and stingy lives keep us from doing Thy will. Forgive us when we take the whole weight of the world on our own shoulders and forget that You are our strength.
God, help us to be aware of the needs that surround us in home town, our state, this country and the world. Help us to be concerned about the whole man in our society, both his physical and spiritual needs. Help us to love those who are unlovable. Give us the Spirit that prays for those who oppose us. God, keep ever before the fact that you require us to do justly and to love mercy and to walk humbly before You. Teach us to number our days that we may live righteously before You.
Bless each person here this morning. Touch each heart where the need is greatest. God grant that each one of us will walk with You throughout this day.
We ask all these things in the Name of Jesus Christ.
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.
2070
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.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Wednesday, February 28, 1968, and submits the following:
HB
862. Grants to municipalities (Reconsidered).
HB
869. Counties, grants, State disburse (Reconsidered).
HB
930. Judge or Clerk, grant order of service.
HB
948. Alcoholic beverages, fixtures, contraband.
HB
974. State Highway Department, transfer duties.
HB
975. Motor vehicles, certain weight.
HB
978. Highway Department, obligations and claims.
HB
990. Highway Board, report to Governor.
HB 1015. Retirement System, allowances.
HB 1071. City and county sales tax, public conveyances.
HB 1121. Prison Industries Administration.
HB 1165. Non-resident, doing business in State.
HB 1300. Person wilfully making false report, crimes.
HB 1302. Wildlife, ownership control.
HB 1340. Superior and City Courts, microfilm matters.
HB 1341. Federal Tax Lien Act of 1966, amend.
HB 1355. Solicitors-General, expense allowance.
HB 1375. State Board of Education, persons enter contracts.
HB 1405. Minors, insane persons, legal guardians.
HB 1438. Firearms and Weapons Act, possession of.
HB 1511. Mortgage and security deeds, telephone and electric service.
HB 1512. Security Interest, telephone and electric service.
HR 399- 912. Development Authorities, create.
HR 414- 923. Create Committee, Urban and Municipal Affairs.
HR 524-1104. Ad valorem taxes, public utilities' property.
HR 537-1179. Ad valorem taxes, persons exempt.
HR 600-1247. Governor, Executive Center, official residence.
HR 608-1295. Teachers' Retirement, retirement allowances.
HR 658-1406. Appropriations, annually.
SB
186. Accountants, non-resident.
WEDNESDAY, FEBRUARY 28, 1968
2071
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 1590. By Mr. Mason of the 22nd:
A Bill to be entitled an Act to amend the Act of the General Assembly of Georgia, so as to redefine the City Limits of the City of Lawrenceville, in the County of Gwinnett; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1591. By Mr. Kirksey of the 87th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Iron City in the County of Seminole, so as to change the date for election of the mayor and aldermen; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1592. By Mrs. Hamilton of the 137th, Messrs. Daugherty of the 134th, Bond of the 136th, Turner of the 123rd, Hill of the 121st and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to wards; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1593. By Mr. DeLong of the 106th:
A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for an oath of office for wardens, guards and other custodial officers; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1594. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Cairo in Grady County, so as to provide for fixing and pub lishing the salaries of the judge, solicitor and clerk of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1595. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Grady County, so as to change the salary schedule of the chief deputy and the clerk; and for other purposes.
Referred to the Committee on Local Affairs.
2072
JOURNAL OF THE HOUSE,
HB 1596. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to provide that the owner of any real prop erty or his agent may challenge the assessment value fixed for his property by the county tax assessors; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1597. By Messrs. Rush of the 75th, Shuman of the 65th and Floyd of the 7th:
A Bill to be entitled an Act to amend Code Chapter 47-5, relating to appropriations, so as to provide that neither House of the General Assembly shall take any action on any general appropriation bill or supplemental appropriation bill after the same shall be reported out of committee for consideration by the entire House or Committee of the Whole until 48 hours shall have elapsed from the printing of any sub stitute to such a bill and the placing of the printed substitute on each member's desk; and for other purposes.
Referred to the Committee on Appropriations.
HE 732-1597. By Messrs. Vaughan of the 14th and Harris of the 14th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the powers of county government; and for other purposes.
Referred to the Committee on Local Affairs.
HR 733-1597. By Mr. Colwell of the 5th:
A Resolution designating a certain highway in Union and White Coun ties, Georgia as the Richard B. Russell Scenic Highway; and for other purposes.
Referred to the Committee on Highways.
HB 1598. By Mr. Mason of the 22nd:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to supplement the salary of the Judge of the Superior Court of the Gwinnett Judicial Circuit from the funds of Gwinnett County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1599. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Stephens County, so as to provide that the salary of the Judge of the City Court shall be $3,600.00 per annum; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1600. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to provide for the election of members of the board of education of Butts County; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 28, 1968
2073
HR 734-1600. By Mr. Moore of the 12th:
A Resolution proposing an amendment to the Constitution so as to create the Stephens County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1601. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to change from the warrant system to the check system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1602. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to change the method of selecting the mem bers of the Board of Education of Miller County; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1603. By Mr. Poss of the 17th: A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County, so as to change the provisions relating to the allowances provided for the clerk of the superior court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1604. By Mr. Poss of the 17th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Madison County, so as to provide for the compensation of the clerk of the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1605. By Mr. Poss of the 17th: A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the Sheriff of Madison County, so as to change the additional funds such officer shall receive to compensate deputies; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1606. By Mr. Poss of the 17th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Banks County, so as to change the provisions relating to the election of the members of said board; and for other purposes.
Referred to the Committee on Local Affairs.
2074
JOURNAL OF THE HOUSE,
HB 1607. By Messrs. Gary of the 35th, Lee of the 35th and Longino of the 122nd:
A Bill to be entitled an Act to amend an Act classifying property for taxation, so as to provide that any grant or conveyance by any city, county or other tax-exempt owner to use or possess real property shall be classified as real property and shall be subject to taxation; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1608. By Messrs. Carnes of the 129th, Lambros of the 130th, McClatchey of the 138th, Townsend of the 140th and others:
A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of the public school systems of each city of this state having a population of more than 300,000; and for other purposes.
Referred to the Committee on Education.
HR 735-1608. By Mr. Moate of the 39th:
A Resolution proposing an amendment to the Constitution so as to create the Putnam County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1609. By Messrs. Cook of the 123rd, Townsend of the 140th, Carnes of the 129th, Lambros of the 130th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1610. By Messrs. 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 incorporating Chattahoochee Plantation, so as to change the corporate limits of said munici pality; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1611. By Mr. Harris of the 85th:
A Bill to be entitled an Act to create the Brunswick-Glynn County Commission; and for other purposes.
Referred to the Committee on Local Affairs.
HR 736-1611. By Mr. Dean of the 20th:
A Resolution proposing an amendment to the Constitution so as to provide that each person who is 70 years of age or over at the beginning of any calendar year is hereby granted an exemption from all ad valorem taxes levied for educational or school purposes including ad valorem taxes levied to pay interest on and retire bonded indebted-
WEDNESDAY, FEBRUARY 28, 1968
2075
ness, for educational or school purposes, by the State, any county, any municipality or any other political subdivision; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1613. By Messrs. Dean and Moore of the 20th:
A Bill to be entitled an Act to reincorporate the City of Rockmart in the County of Polk; to create a new charter for said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1614. By Messrs. Maxwell and Fleming of the 106th, Sherman and DeLong of the 105th, Cheeks and Dent of the 104th:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in the County of Richmond, so as to change the method of filling vacancies on said Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1615. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a Charter to that municipality under that name and style; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1616. By Messrs. Bond of the 136th, Brown of the 135th, Alexander of the 133rd, Hill of the 121st and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Atlanta", so as to pro vide that of the two aldermen elected in each ward, one shall be elected by a majority of the qualified voters of the ward, and the second shall be elected by a majority of the qualified voters of the City of Atlanta; and for other purposes.
Referred to the Committee on Local Affairs.
HR 737-1616. By Messrs. Smith of the 54th and Chandler of the 47th:
A Resolution authorizing the State Properties Control Commission to amend the present and existing lease of the Western & Atlantic Rail road, dated May 11, 1917, so as to postpone for six months, to June 27, 1969, the date by which the State, under Section 13, Subsection 1, of said lease, must give to the lessee of said railroad notice of the State's de sire to acquire any or all property or properties acquired by the lessee during the term of said lease and used for the convenient operation of said railroad; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 738-1616. By Mr. Johnson of the 40th:
A Resolution proposing an amendment to the Constitution so as to create the Glascock County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
2076
JOURNAL OF THE HOUSE,
HR 739-1616. By Mr. Johnson of the 40th:
A Resolution proposing an amendment to the Constitution so as to create the Warren County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 740-1616. By Messrs. Vaughn and Malone of the 117th:
A Resolution proposing an amendment to the Constitution to provide that notwithstanding the Seven per cent debt limitation provided in Article VII, Sec. VII, Para. I, the debt incurred by the Rockdale County Board of Education for the Rockdale County School District may exceed Seven per cent of the assessed value of all the taxable property in said school district; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1617. By Messrs. Parrar, Harris, Levitas and Walling of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act placing the solicitor-general of the Stone Mountain Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the solicitor-general of the Stone Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:
HB 1622. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 92-5902, relating to the tax returns of public utilities, so as to provide that persons or com panies operating tugboats in not more than one county in this State shall not be required to make annual tax returns of their property to the State Revenue Commission; 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 1546. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Guyton, so as to change the qualifications for voters and time of holding elections; and for other purposes.
HB 1547. By Messrs. Colwell of the 5th, Moore of the 12th, Steis of the 100th and Wells of the 30th:
A Bill to be entitled an Act to provide that the governing authorities of the various counties shall have the authority to employ personnel to assist the various county officers, officials and departments in discharg ing the responsibilities of their respective offices; and for other purposes.
WEDNESDAY, FEBRUARY 28, 1968
2077
HB 1548. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to be entitled an Act to amend an Act creating the City Court of Americus, so as to change the compensation of the Judge of the City Court of Americus; and for other purposes.
HB 1549. By Mr. Conner of the 91st:
A Bill to he entitled an Act to amend Code Section 56-1310 (2) relating to the power of municipal corporations to impose and collect a tax on gross direct premiums of life insurance companies, so as to provide that such tax shall be based solely upon such gross direct premiums as are received during the preceding calendar year from policies insuring per sons residing within the corporate limits of such municipal corporations; and for other purposes.
HR 723-1549. By Mr. Jones of the 76th:
A Resolution proposing an amendment to the Constitution so as to create the Mclntosh County Industrial Development Authority; and for other purposes.
HB 1551. By Messrs. Chandler and Harrington of the 47th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to authorize the Mayor and Aldermen of the City of Milledgeville to provide and furnish sewerage and sanitary services in any area of Baldwin County where like services are not being furnished by the governing authority of said county; and for other purposes.
HB 1552. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change the provisions relat ing to the appointment of members of the Authority; and for other purposes.
HB 1553. By Messrs. Matthews and Farmer of the 29th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the judge of the Juvenile Court of Clarke County, so as to change the compensation of the judge; and for other purposes.
HB 1554. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law", so as to provide for a reduction in the contri bution rates; and for other purposes.
HB 1555. By Messrs. Barfield of the 95th, Odom and Lee of the 79th, Magoon of the 19th, Bostick of the 93rd, Bennett of the 95th and Mixon of the 81st:
A Bill to be entitled an Act to amend Code Chapter 84-4, relating to barbers and manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, so as to provide that no barber shop can train more than 2 apprentices at any one time; and for other purposes.
2078
JOURNAL OF THE HOUSE,
HB 1556. By Messrs. Gary, Northcutt and Lee of the 35th:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to delete provisions thereof prohibiting increases of the salaries and compensation of the mayor and council and other officers, agents and employees during their respective terms of office; and for other purposes.
HR 726-1556. By Messrs. Chandler and Harrington of the 47th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the governing authority of Baldwin County shall be authorized to levy an annual registration tax on no more than two motor vehicles in the county owned by any individual or firm on the first day of January of each year; and for other purposes.
HB 1557. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act creating a board of commis sioners of roads and revenues for Jones County, so as to provide for commissioner posts; and for other purposes.
HB 1558. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jones County on an annual salary in lieu of the fee system of compensation, so as to provide for the appointment of two additional deputies; and for other purposes.
HB 1559. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act providing for the licensing of professional engineers and land surveyors and creating the State Board of Registration for Professional Engineers and Land Surveyors, so as to provide that certain persons shall be issued licenses by the Board; and for other purposes.
HB 1560. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Jasper County, so as to provide for commission posts; and for other purposes.
HR 727-1560. By Mr. Steis of the 100th:
A Resolution proposing an amendment to the Constitution so as to create the Town of Waverly Hall Development Authority; and for other purposes.
HB 1561. By Messrs. Poss of the 17th and Ross of the 31st:
A Bill to be entitled an Act to amend an Act creating the State Board of Registration for Foresters, so as to provide that certain persons shall be eligible for licenses as registered foresters under certain conditions; and for other purposes.
WEDNESDAY, FEBRUARY 28, 1968
2079
HB 1562. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act creating the City Court of Statesboro, so as to change the name of the City Court of Statesboro to the "Civil and Criminal Court of Bulloch County"; and for other pur poses.
HB 1563. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Clerk of the Superior Court of Bulloch County, so as to change the compensation of said Clerk of the Superior Court; and for other purposes.
HB 1564. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act providing that the Ordinary of Bulloeh County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of the ordinary; and for other purposes.
HB 1565. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff of Bulloch County from a fee system to a salary system, so as to change the compensation of the sheriff; and for other purposes.
HB 1566. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Bulloch County, so as to change the compensation of the Chairman of the Board of Commissioners; and for other purposes.
HB 1567. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to change the provisions relating to the compen sation of the assistants for the tax commissioner; and for other purposes.
HB 1568. By Messrs. Lane and Nessmith of the 64th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro, so as to provide that candidates for Mayor and Councilmen shall be required to qualify within a certain length of time before elections; and for other purposes.
HB 1569. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Shuman of the 65th, Newton of the 50th and Lewis of the 50th:
A Bill to be entitled an Act to change the terms of Superior Courts of the Ogeechee Judicial Circuit; and for other purposes.
2080
JOURNAL OF THE HOUSE,
HB 1570. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act incorporating the town of Brooklet in Bulloch ounty, so as to change the provisions relating to fines for violations of ordinances, charter provisions and by laws; and for other purposes.
HR 728-1570. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend a resolution authorizing the dis posal of that tract of land which is presently located the Governor's Mansion in Ansley Park, Atlanta, Georgia, so as to name the grantee; to specify the sale price; and for other purposes.
HB 1571. By Mr. Dean of the 20th:
A Bill to be entitled an Act to require the board of commissioners of roads and revenues of Polk County, to conduct an annual audit of finances, financial records and books of Polk County; and for other purposes.
HB 1572. By Mr. Dean of the 20th:
A Bill to be entitled an Act to amend an Act placing certain officers of Polk County on a salary basis, so as to change the salary of the sheriff; and for other purposes.
HB 1573. By Mr. Dean 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 authorize the Board to employ and fix the compensation of additional employees for other county offices under certain conditions; and for other purposes.
HB 1574. By Mr. Dean of the 20th:
A Bill to be entitled an Act to provide that in certain counties the gov erning authorities thereof shall adopt a uniform central accounting and bookkeeping system; and for other purposes.
HB 1577. By Messrs. Jenkins of the 119th, Walling, Harris, Levitas, Farrar of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act providing that the salary of the judges of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasuries of the various counties composing the Circuit; and for other purposes.
WEDNESDAY, FEBRUARY 28, 1968
2081
HB 1578. By Messrs. Wilson and Henderson of the 102nd, McDaniell of the 101st:
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 1579. By Messrs. Wilson and Henderson of the 102nd, Cooper of the 103rd, and McDaniell of the 101st:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to change the rate of interest payable and maturity date of revenue bonds; and for other purposes.
HB 1580. By Messrs. Harris and Scarlett of the 85th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to employ additional deputies; and for other purposes.
HB 1581. By Messrs Scarlett and Harris of the 85th:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, so as to authorize the sheriff to employ additional deputies; and for other purposes.
HB 1582. By Mr. Conner of the 41st:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Bacon County into the office of Tax Commissioner; and for other purposes.
HR 729-1582. By Messrs. Johnson of the 40th and Anderson of the 71st:
A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
HB 1583. By Messrs. Steis of the 110th, Sherman of the 105th and Miller of the 108th:
A Bill to be entitled an Act to amend an Act known as "An Act to pro mote temperance and prosperity for Georgia people; to foster and en courage the growing of grapes, fruits and berries on Georgia farms;" so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, or both, by counties or munici palities, and to authorize the regulation and taxation thereof; and for other purposes.
HB 1584. By Messrs. Steis of the 100th, Sherman of the 105th and Miller of the 108th.
A Bill to be entitled an Act to amend an Act known as "An Act to pro vide for license and excise taxes upon the business of dealing in malt
2082
JOURNAL OF THE HOUSE,
beverages", so as to authorize the sale, storage and distribution of malt beverages as that term is defined, within the boundaries of airports owned or operated, or both, by counties or municipalities; and for other purposes.
HB 1585. By Messrs. Steis of the 100th, Sherman of the 105th and Miller of the 108th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize the sale, storage and distribution of alcoholic beverages, includ ing spirituous liquors, distilled spirits and alcohol as those terms are defined, within the boundaries of airports owned or operated, or both, by counties or municipalities; and for other purposes.
HR 730-1585. By Messrs. Dixon and Sweat of the 83rd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the modification or for the abolishment and consolidation into a single countywide gov ernment of the existing governments of Ware County and the City of Waycross and for all matters relative thereto, provided any law enacted pursuant to such authority is submitted to the people for approval or rejection; and for other purposes.
HB 1586. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Chapter 88-13, relating to radiation control, so as to authorize the Department of Public Health to purchase, lease, accept or acquire a suitable site or sites for the concen tration and storage of radioactive wastes; and for other purposes.
HB 1587. By Mrs. Hamilton of the 137th, Messrs. Egan of the 141st, Brown of the 135th, 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 the governing authority vested in mayor and board of aldermen; and for other purposes.
HB 1588. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues in the County of Atkinson, so as to create a Board of Commissioners of Roads and Revenues composed of three members, each to be elected from one of the 3 militia districts in Atkinson County; and for other purposes.
HB 1589. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Clinch County and providing a salary
WEDNESDAY, FEBRUARY 28, 1968
2083
system in lieu thereof, so as to change the compensation of the sheriff; and for other purposes.
HE 731-1589. By Messrs. McCatchey of the 138th, Daugherty of the 134th, Townsend of the 140th, Lambros of the 130th, Winkles of the 120th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide that after the ratification of the amendment the fiscal authorities of Fulton County shall be prohibited from continuing to levy, make, assess or collect any tax from the inhabitants of any subdivision whether located wholly or partly within Fulton County; and for other purposes.
HB 1612. By Messrs. Douglas of the 60th and Rowland of the 48th:
A Bill to be entitled an Act to amend the Uniform Commercial Code, so as to amend Code Section 109A-9-307 relating to the protection of buyers of goods so as to provide that a commission merchant, auctioneer or other agent, who, without actual knowledge, shall sell goods for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the goods where the sale is made in the ordinary course of business; and for other purposes.
SB 241. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act approved December 23, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 3000) for the protection of pen sion rights of county employees; and for other purposes.
SB 243. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees; and for other purposes.
SB 274. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta, pertaining to the offices of Judge and Solicitor Gen eral of the Criminal Court of Fulton County; and for other purposes.
SB 277. By Senators Johnson of the 38th, Sells of the 37th, Ward of the 39th, and others.
A Bill to be entitled an Act to amend an Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, Section 7, of Article 6 of the Constitution of the State of Georgia, pertaining to the office of Judge of the Civil Court of Fulton County; and for other purposes.
2084
JOURNAL OF THE HOUSE,
SB 242. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act providing a system of pen sions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
SB 246. By Senators Webb of the llth, Smith of the 18th, and Smalley of the 28th:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the clerks of the superior courts of Georgia; and for other purposes.
SB 364. By Senators McGill of the 24th, Pincher of the 51st, Carter of the 14th and others:
A Bill to be entitled an Act to provide a salary payable from State funds for each solicitor general effective at the beginning of the next term of office of each solicitor general; and for other purposes.
SB 366. By Senator Stephens of the 36th:
A Bill to be entitled an Act to provide that no person, firm, or corpora tion shall employ or use juveniles for the purposes of soliciting money or objects of value without first filing letters containing certain informa tion; and for other purposes.
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 274. By Mr. Jones of the 76th:
A Bill 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 841. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Lambros of the 130th and others:
A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles traveling on four lane limited access highways; and for other purposes.
WEDNESDAY, FEBRUARY 28, 1968
2085
The Senate had adopted by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 387-884. By Messrs. Smith of the 54th, Chandler of the 47th and Murphy of the 26th:
A Resolution accepting the bid of the Louisville and Nashville Railroad Company to lease the Western and Atlantic Railroad; and for other purposes.
The Senate has adopted the following Resolutions of the Senate; to-wit:
SR 239. By Senators Chapman of the 32nd and Hensley of the 33rd: A Resolution commending Lockheed, Georgia; and for other purposes.
SR 242. By Senator Abney of the 53rd:
A Resolution requesting the Governor to designate one day in each year as the "Annual Old-Timers Day"; and for other purposes.
SR 243. By Senators Bateman of the 27th, Hensley of the 33rd, Webb of the llth and Adams of the 26th:
A Resolution urging all public authorities of this State to encourage the establishment of vending stands operated by the blind and seriously dis abled on the property of such authorities; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 871. By Messrs. Brown and Melton of the 34th, Parker of the 55th, Savage of the 58th and Holder of the 70th:
A Bill to amend Code Section 32-911, relating to immunization of pupils of public schools, so as to provide for immunization of public and private school children as a condition precedent to admission; to make violation a misdemeanor; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:
SB 191. By Senator Maclntyre of the 40th:
A Bill to provide for the settlement of disputes concerning wages and rate of pay and other terms and conditions of employment of employees of fire departments; and for other purposes.
2086
JOURNAL OF THE HOUSE,
SB 208. By Senator Minish of the 48th:
A Bill to amend an Act establishing the State Employees Retirement System, as amended, so as to provide for the suspension of benefits under certain conditions; to repeal conflicting laws; and for other purposes.
SB 349. By Senators Knight of the 16th, Shea of the 3rd, Gardner of the 1st and Lee of the 47th:
A Bill to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, so as to delete the provision which prohibits females from working in liquor stores; to repeal con flicting laws; and for other purposes.
HB 1022. By Messrs. Graves, Starnes and Lowrey of the 13th, Moore and Dean of the 20th and Levitas of the 118th:
A Bill to authorize wrecking companies to dispose of motor vehicles worth $300 or less, the owner of which is unknown, after having custody for 6 months; and for other purposes.
HB 1072. By Messrs. Smith of the 54th, Williams of the 16th, and Pickard of the 112th:
A Bill to amend Georgia Code Section 68-633 in order to provide that motor common carriers engaged in interstate commerce in this State shall register with the Georgia Public Service Commission; and for other purposes.
HB 1073. By Messrs. Smith of the 54th, Williams of the 16th and Pickard of the 112th:
A Bill to amend Georgia Code Section 68-525(a), in order to provide that motor carriers engaged in interstate commerce in this State shall regis ter with the Georgia Public Service Commission; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 191. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to provide for the settlement of disputes concerning wages and rate of pay and other terms and conditions of employment of employees of fire departments; and for other purposes.
Referred to the Committee on Industrial Relations.
WEDNESDAY, FEBRUARY 28, 1968
2087
SB 208. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for the suspension of benefits under certain conditions; and for other purposes.
Referred to the Committee on State of Republic.
SB 349. By Senators Knight of the 16th, Shea of the 3rd, Gardner of the 1st and Lee of the 47th:
A Bill to be entitled an Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, so as to delete the provision which prohibits females from working in liquor stores; and for other purposes.
Referred to the Committee on Temperance.
Mr. Matthews of the 94th District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SR 213. Do Pass.
Respectfully submitted,
Matthews of the 94th
Chairman.
Mr. Vaughn of the 117th District, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB
363. Do Pass.
HR 733-1597. Do Pass.
Respectfully submitted,
Vaughn of the 117th
Chairman.
2088
JOURNAL OF THE HOUSE,
Mr. Smith of the 3rd District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1496. Do Pass. HB 1477. Do Pass. HB 1104. Do Pass. HB 1492. Do Pass.
Respectfully submitted, Smith of the 3rd Chairman.
Mr. Caldwell of the 51st District, Chairman of the Committee on Legislative and Congressional 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 recommen dations:
HB 1327. Do Pass by Substitute.
Respectfully submitted,
Caldwell of the 51st
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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1543. Do Pass as Amended.
HB 1546. Do Pass.
WEDNESDAY, FEBRUARY 28, 1968
2089
HB 1548. Do Pass. HB 1551. Do Pass. HB 1552. Do Pass. HB 1553. Do Pass. HB 1556. Do Pass. HB 1557. Do Pass. HB 1558. Do Pass. HB 1560. Do Pass. HB 1569. Do Pass. HB 1570. Do Pass. HB 1576. Do Pass. HB 1578. Do Pass. HB 1479. Do Pass. HB 1580. Do Pass. HB 1581. Do Pass. HB 1588. Do Pass. HR 722-1544. Do Pass. HR 726-1556. Do Pass. HR 727-1560. Do Pass.
Respectfully submitted, Clarke of the 45th Chairman.
Mr. Busbee of the 79th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 1462. Do Pass by Substitute. HR 725-1550. Do Pass. HR 716-1518. Do Pass.
Respectfully submitted, Busbee of the 79th Vice-Chairman.
2090
JOURNAL OF THE HOUSE,
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1163. Do Not Pass. HB 1436. Do Pass. SB 364. Do Pass.
Respectfully submitted, Steis of the 100th Chairman.
Mr. Paris of the 23rd District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1452. Do Pass as Amended. HB 1451. Do Pass. HB 1583. Do Pass. HB 1584. Do Pass. HB 1585. Do Pass.
Respectfully submitted, Paris of the 23rd Chairman.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 581. By Mr. Moate of the 39th:
A Bill to be entitled an Act to amend an Act incorporating the offices of tax receiver and tax collector of Hancock County into the office of tax commissioner so as to provide an expense allowance for the tax commis sioner to hire clerical help; and for other purposes.
WEDNESDAY, FEBRUARY 28, 1968
2091
The report 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 835. By Messrs. Fleming and Maxwell of the 106th, Cheeks and Dent of the 104th and Sherman of the 105th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide that the rules of the police department shall designate the title of Chief of Detectives as Captain of Detectives and that said rules shall establish the grades of Corporal and Detective; and for other purposes.
The report 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 1258. By Mr. Paris of the 23rd:
A Bill to be entitled an Act to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1368. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act incorporating the Town of Whitesburg, so as to change the date for electing the mayor and council; and for other purposes.
2092
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 1475. 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 amending, revising, consoli dating and superseding the several Acts incorporating the Town of Austell, 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1491. By Mr. Underwood of the 61st:
A Bill to be entitled an Act creating a new charter for the City of Glenwood, so as to change the qualifications 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 1493. By Mr. Underwood of the 61st: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Montgomery County, so as to change the compensation of the tax commissioner; and for other purposes.
WEDNESDAY, FEBRUARY 28, 1968
2093
The report 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 1494. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Mount Vernon in the County of Montgomery, so as to change the corporate limits of the City of Mount Vernon; and for other purposes.
The report 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 1495. By Mr. Kirksey of the 87th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Donalsonville, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1497. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act to consolidate, amend, and codify the various Act incorporating the Town of McDonough, now the City of McDonough, so as to authorize the governing authority to sell, lease or dispose of public recreational facilities; and for other purposes.
2094
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 1499. 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 no public utility owned by said city may be sold, unless such sale is approved by the majority of the registered and qualified voters; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1500. By Mr. Black of the 56th: A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues of the County of Stewart, so as to change the compensation paid to the Commissioner of Roads and Reve nues; and for other purposes.
The report 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 1501. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to abolish the present method of compensat ing the tax collector and tax receiver of Baldwin County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; and for other purposes.
WEDNESDAY, FEBRUARY 28, 1968
2095
The report 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 1502. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; to provide for certain services to be rendered by the City of Lyons; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1503. By Messrs. Cole, Smith and Leonard of the 3rd: A Bill to be entitled an Act to change the compensation of the Whitfield County Sheriff, Clerk and Ordinary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1504. By Messrs. Cole and Smith of the 3rd: A Bill to be entitled an Act to change the compensation of the Tax Com missioner of Whitfield County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2096
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1509. By Mr. Ballard of the 37th:
A Bill to be entitled an Act to amend an Act repealing an Act incorporat ing the City of Covington, and creating a new Charter to the City of Covington, so as to provide certain limitations on the conduct of the members of the council, the mayor, other city officials and employees; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1515. By Mr. Roland of the 48th:
A Bill to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary, so as to change the compensation of the clerk of the superior court of Washington County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1517. By Mr. Williams of the 16th: A Bill to be entitled an Act incorporating the Town of Clermont in the County of Hall, so as to provide that beginning on the first Wednesday in December, 1968, that the election for Mayor and five Councilmen of said town shall be held each 4 years and that the Mayor and Councilmen so elected shall hold office for 4 years and until their successors are elected and qualified; and for other purposes.
WEDNESDAY, FEBRUARY 28, 1968
2097
The report 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 1518. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to create a new charter for the City of Vidalia in the County of Toombs; and for other purposes.
The report 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 1519. By Mr. Cole of the 3rd:
A Bill to be entitled an Act to amend an Act creating the Conasauga Judicial Circuit, so as to change the salary of the judge of the Conasauga Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1520. By Mr. Anderson of the 71st:
A Bill to be entitled an Act to amend an Act providing and creating a new charter for the Town of Cochran, and incorporating said town under the corporate name and style "City of Cochran", so as to change the cor porate limits of said City; to provide for a referendum; and for other purposes.
2098
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 1521. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the ordinary and the 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 of the deputy 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 1522. By Mr. Simmons of the 9th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Gilmer County into the office of the tax commissioner of Gilmer County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1523. By Mr. Newton of the 50th: A Bill to be entitled an Act to amend an Act establishing a board of commissioners of roads and revenues for the county of Jenkins, so as to increase the number of members of said board; and for other purposes.
WEDNESDAY, FEBRUARY 28, 1968
2099
The report 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 1524. By Mr. Newton of the 50th:
A Bill to be entitled an Act to create a new Board of Education of Jenkins County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1525. By Mr. Collins of the 88th: A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Mitchell County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1526. By Mr. Pafford of the 97th: A Bill to be entitled an Act to amend an Act establishing a Board of Commissioners of Roads and Revenues for Echols County, so as to change the terms of office of the members of the Board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2100
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1528. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Echols County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1529. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act creating the County Court of Echols County, so as to change the term of office of the Judge; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1532. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Toombs County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
WEDNESDAY, FEBRUARY 28, 1968
2101
The Bill, having received the requisite constitutional majority, was passed.
HB 1534. By Mr. Ward of the 2nd:
A Bill to be entitled an Act to amend an Act creating a board of utilities commissioners for Catoosa County, so as to provide for additional powers of said commissioners, including the right of eminent domain; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1535. 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 change the compensa tion of the sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1537. By Mr. Moore of the 12th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Stephens County upon an annual salary, so as to increase the salary of the Clerk of the Superior Court and to increase the allotment of County funds for the purpose of compensating person nel within his office; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
2102
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 1538. By Mr. Moore of the 12th:
A Bill to be entitled an Act to authorize the Stephens County Develop ment Authority to issue revenue bonds; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1539. 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.
The report 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 1541. By Messrs. Scarlett and Harris of the 85th: A Bill to be entitled an Act to amend the charter of the City of Bruns wick, so as to provide a successful primary candidate shall not be re quired to file a nominating petition; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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2103
HB 1544. By Mr. Lewis of the 50th:
A Bill to be entitled an Act to amend an Act abolishing the mode of com pensating the sheriff of Burke County, so as to change the compensation of the sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1576. By Mr. Colwell of the 51st:
A Bill to be entitled an Act to amend an Act authorizing certain counties to establish and maintain law libraries to the use of judges, solicitors, ordinaries, and other officers of the Courts of said counties, so as to provide that the funds for the establishment and maintenance of said libraries be limited to the certain criminal and civil actions upon which the Court costs are actualy paid; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 582. By Mr. Moate of the 39th:
A Bill to be entitled an Act to amend an Act placing the sheriff, ordi nary, and the clerk of the superior court of Hancock County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of said officers; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act placing the sheriff, ordinary, and the clerk of the superior court of Hancock County on an annual
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salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. Laws 1964, p. 2088), so as to change the compensation of said officers; 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 placing the sheriff, ordinary, and the clerk of the superior court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. Laws 1964, p. 2088), is hereby amended by striking from the first paragraph of Section 2 the figure "6,000.00" and inserting in lieu thereof the figure "7,000.00" so that Section 2 when so amended shall read as follows:
"Section 2. The sheriff of Hancock County shall receive an annual salary of $7,000.00 per annum, to be paid in twelve monthly installments on the last business day of each calendar month from the funds of Hancock County.
The sheriff is hereby authorized to appoint a deputy and the sheriff shall be compensated for a deputy, whether appointed or not, in the amount of $500.00 per annum, to be paid in twelve equal monthly installments on the last business day of each calendar month from the funds of Hancock County.
The sheriff shall be personally responsible for furnishing an automobile to be used by him in the performance of his duties and the sheriff shall be compensated for said automobile in the amount of $3,000.00 per annum, to be paid in twelve equal monthly install ments on the last business day of each calendar month from the funds of Hancock County.
The governing authority of Hancock County, in its discretion, is hereby authorized to increase the compensation paid to the sheriff for an automobile in the amount of $1,000.00 per annum, if in its opinion, the sheriff is conscientiously, diligently, fairly, and impar tially performing the duties of his office."
SECTION 2
Said Act is further amended by striking from Section 3 the figure "5,000.00" and inserting in lieu thereof the figure "6,000.00" so that Section 3 when so amended shall read as follows:
"Section 3. The ordinary of Hancock County shall receive an annual salary of $6,000.00 per annum payable in twelve equal monthly installments on the last business day of each calendar month from the funds of Hancock County.
WEDNESDAY, FEBRUARY 28, 1968
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SECTION 3
Said Act is further amended by striking from Section 4 the figure "6,000.00" and inserting in lieu thereof the figure "7,000.00" so that Section 4 when so amended shall read as follows:
"Section 4. The clerk of the superior court of Hancock County shall receive an annual salary of $7,000.00 per annum, payable in twelve equal monthly installments on the last business day of each calendar month from the funds of Hancock County."
SECTION 4
The provisions of this Act shall become effective on January 1, 1969.
SECTION 5
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1543. By Messrs. Snow and Crowe of the 1st:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Walker County; and for other purposes.
The following amendment was read and adopted :
Local Affairs Committee moves to amend HB 1543 in the following particulars; to wit:
(1) By striking in line 9 Section 4 "rate of ten cents (10<J) per mile" and inserting in lieu thereof the words "prevailing rate of other state employees".
(2) By inserting in line 10 of Section 6 between the words "serve" and "at" the words "legal terms in office."
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The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 765. By Messrs. Vaughan and Harris of the 14th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, Georgia, approved February 8, 1937, as amended, so as to authorize the governing authority of said city to change the ward boundaries; to provide compensation for the mayor and board of aldermen of said city; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
TO BE ENTITLED
An Act to amend an Act creating a new charter for the City of Cartersville, approved February 8, 1937 (Ga. Laws 1937, p. 1532), as amended, so as to change the name of a street; to change the date of electing the mayor and aldermen; to provide for qualifications of voters; to provide for keeping registration books for voters; to change the date for opening and closing said registration books; to provide the affirma tive vote of three members of the Board of Aldermen shall be necessary and sufficient to adopt or pass any measure or to determine any ques tion before said board; to provide for the amount of the bond which the city manager shall execute; to provide that the city manager of the board of education may not make any purchase involving more than $1,000.00 without the approval of said board; to change the authority and duties of the recorder; to strike Section 61 of said Act relating to ordinances or resolutions appropriating money; to change the provisions relating to selling property by the mayor and aldermen; to strike Sec tion 109 relating to auditing the city books; to strike Section 113 relat ing to money raised for the purpose of giving instruction in the English branches of education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Carters ville, approved February 8, 1937 (Ga. Laws 1937, p. 1532), as amended; is hereby amended by striking from Section 3 the name "Market Street" wherever it appears and inserting in lieu thereof the name "Cherokee Avenue".
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2107
Section 2. Said Act is further amended by striking in the second line of Section 7 the word "third" and inserting in lieu thereof the word "first", so that when so amended Section 7 shall read as follows:
"Section 7. On the third Wednesday in December, 1937, and on the first Wednesday in December every second year thereafter, as now provided by law, there shall be elected a mayor from the city at large, and one alderman from each of the four wards of said city, whese term of office shall be for two years, and until their succes sors are elected and qualified, beginning the first Wednesday in January, 1938, as now provided by law."
Section 3. Said Act is further amended by striking in its entirety Section 11 of said Act and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. All persons shall be qualified voters in the City of Cartersville who are citizens of the United States, who have resided in Georgia one year and in the City of Cartersville six months next preceding the election at which they offer to vote and who are 18 years of age."
Section 4, Said Act is further amended by striking in its entirety Section 12 of said Act and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. It shall be the duty of the city manager of the City of Cartersville to provide suitable permanent books for the perma nent registration of the qualified voters of said City, for any and all elections held in said City, of every kind and character and for all purposes. Each page shall have printed, at the top of the page, the oath prescribed in this section. The pages shall provide for the signature of the persons registering, age, sex, residence, and other data required by this Act.
"Every person, before registering, shall take the following oath, which shall be read by him, or to him:
'Georgia, Bartow County.
'I do solemnly swear (or affirm) that I am a citizen of the United States; that I am 18 years of age or will be 18 years of age on the __.-------- day of ~~.___--__----_--------_; that I have resided in Georgia for one year; and that I am a resident of the City of Cartersville, and have been for the next preceding six months.
'Sworn to an dsubscribed before me, the _.____...--_._ day of ._._.____________., 19_____.
'---_,,-_-_--._--..---.----------_-----._--, City Clerk of Cartersville, Georgia.'
"All persons registering, where they are able to do so, shall sign their own names, and where they are unable to sign their names
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they may sign their mark, through and by the city clerk, deputy clerk, or assistant clerk, all of whom are hereby authorized to ad minister the oath. The names of the persons registered shall be entered in the book in alphabetical order. Where signatures are illegible the clerk, deputy clerk, or assistant clerk, as the case may be, may write the name in legible form under or above the signature for the purpose of identification. The signature so made in said registration book shall be prima facie evidence that the person so signing swears (or affirms) the truth of every material fact con tained in said oath, also of the written memoranda or entries, and that the oath was duly administered. The taking of the oath herein prescribed for persons seeking to register shall be sufficient autority for the clerk to permit such person to register. During the period the registration books are open, it shall be the duty of the city clerk, or such person as may be designated by the board of aldermen, deputy clerk, or assistant clerk, to permit all persons who take said oath, and no others, to register, provided that any resident of the city may take said oath and register who will arrive at the age of 18 years by the next ensuing election to be held within six months of such registration,"
Section 5. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. The registration books shall be kept open for the registration of voters at the city hall in Cartersville at all times during office hours except Sundays and legal holidays and except as hereinafter provided, to-wit: The books shall be closed at 5 o'clock P.M. on the fourth Friday next preceding the primary election pro vided for in Section 28 of this Act, every year in which a general election for officers is held in the city, and shall remain closed until after the general election provided for in Section 11 of this Act, and during the time said books are required to be closed no person shall be permitted to register. For all other elections, except for the recall of a member, or members, or the board of aldermen, the regis tration books shall be closed, so that three full weeks (exclusive of the week in which the election is held) shall elapse between the closing of the books and the day of the election, and during this period no person shall be permitted to register."
Section 6. Said Act is further amended by striking in the third paragraph of Section 15 the figure "21" and inserting in lieu thereof the figure "18", so that when so amended the third paragraph of Section 15 shall read as follows:
"If it appear to said board after such hearing that any such person is not qualified to vote under this Act, the name of such person shall be stricken from the registration book and from the voters' list, except that the names of all persons who are registered pursuant to the provisions of this Act, but not qualified to vote at the ensuing election because they shall not then have arrived at the age of 18 years, or shall not have resided in the State or the city, or both, the required length of time, shall be stricken from the said voters' list, but not from the permanent registration books. The find ing of the Board shall be final. Provided, that this Act shall not have
WEDNESDAY, FEBRUARY 28, 1968
2109
the effect to annul the permanent books of registered voters existing now and now in effect in said city, but those who are now registered therein are hereby declared to be registered as legally and effec tually as if registered under and in compliance with this Act."
Section 7. Said Act is further amended by striking in the second line of Section 22 the word "second" and inserting in lieu thereof the word "first", so that when so amended Section 22 shall read as follows:
"Section 22. On the second Wednesday in December, 1951, and on the first Wednesday in December biennially thereafter, a gen eral election shall be held by the election managers of the City of Cartersville at the county courthouse in said city, or at such other place as may be provided by law, for the election of a Mayor and four members of the Board of Aldermen, one member to be elected from each of the four wards of the said city. Every person desiring to become a candidate for either Mayor or one of the places as Alderman shall file or cause to be filed with the election managers not later than ten days before the election, a statement that he desires to become a candidate for Mayor or one of the places as Alderman and the further statement that he can make the required bond, and that he is offering as Alderman from one of the wards of said city, stating which ward as the case may be, or if for Mayor, that he is a candidate for Mayor from the city at large, and all such candidates who have qualified shall have their names placed on the ballots by the election managers."
Section 8. Said Act is further amended by adding in the tenth sen tence of Section 30 between the words "the" and "vote" the word "affirmative", so that when so amended Section 30 shall read as follows:
"Section 30. The persons elected members of the board of alder men may take the oath of office and qualify at any time after De cember 31, following their election, and shall meet and take over the government of the city and organize on the first Wednesday in January next after their election, at such hour as may be appointed by the outgoing board, and in absence of such appointment, at 7 o'clock P. M. If, for any reason, the mayor and aldermen should fail to meet and organize and take over the government of the city on the first Wednesday in January, as above provided, they shall do so as soon thereafter as possible. The board shall hold a regular meeting every two weeks, the time thereof to be as now provided until changed by ordinance. The board may hold special meetings from time to time, on call of the mayor, or the mayor pro tem. if the mayor is absent from the city or incapacitated by sickness or other cause. It shall be the duty of the mayor to call a special meet ing when petitioned to do so in writing by three of the aldermen or by two of the aldermen and the city manager. All members of the board shall have notice of such special meeting unless they are absent from the city, or incapacitated to attend by sickness. All meetings shall be held at the city hall, and three members shall constitute a quorum. All powers of government, except as otherwise expressly provided, shall lodge in the board as an entity. The board may adopt its own rules governing its proceedings, the rules now in force to remain in force until changed by resolution. The mayor,
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and in his absence from the meetings, the mayor pro tern, shall be the presiding officer of the board, and shall have the right to vote on all questions, and, except as otherwise provided, the affirmative vote of three members of the board shall be necessary and sufficient to adopt or pass any measure or to determine any question before the board."
Section 9. Said Act is further amended by striking in Section 41 the following:
"of three thousand ($3,000.00) dollars",
and inserting in lieu thereof the following:
"as prescribed by ordinance, however, the same shall not be less than fifteen thousand ($15,000.00) dollars",
so that when so amended Section 41 shall read as follows:
"Section 41. The city manager may be a non-resident of the city and of the State of Georgia, and shall be a person of good moral character, having training and experience fitting him for the duties of the office. Before entering on his duties he shall take and sub scribe an oath to faithfully discharge the duties of his office and to scrupulously observe all laws and ordinances of the city, and shall execute a bond with solvent sureties suable in Bartow County, to be approved by the board of aldermen, in the sum as prescribed by ordinance, however, the same shall not be less than fifteen thousand ($15,000.00) dollars, payable to the City of Cartersville, conditioned for the faithful performance of all his duties. His term of office shall be for and during the term of the board of aldermen, during which he is appointed, and till his successor is appointed and qualified."
Section 10. Said Act is further amended by striking in Section 42 the following:
"three hundred ($300.00) dollars",
and inserting in lieu thereof the following:
"one thousand ($1,000.00) dollars",
so that when so amended Section 42 shall read as follows:
"Section 42. The city manager shall be the administrative head of the city government, except as otherwise provided. He shall be subject to inquiry and investigation by the board of aldermen or any member thereof concerning city affairs and shall give full and complete information upon all matters relating to the subject of inquiry. He shall select such competent foremen or operators as may be necessary, at such compensation as may be reasonable, for the proper and economical operation and maintenance of the city's sev-
WEDNESDAY, FEBRUARY 28, 1968
2111
eral public utilities, and streets, fire and health protection, and all other employees necessary for the successful and economical conduct of the city's affairs. He shall be purchasing agent for the city for all supplies, fuel, equipment, machinery, tools, horses, mules, en gines, cars, trucks, tractors, provisions, and all articles and wares of every kind used by the city; office furniture and fixtures. Provided, the board of education of said city may purchase school furniture, fixtures and equipment, necessary for the proper and efficient opera tion of the city schools, and provided further, that in no case shall the city manager of the board of education complete the purchase of any of the articles or things enumerated in this section, costing more than one thousand ($1,000.00) dollars without the approval of the board of aldermen."
Section 11. Said Act is further amended by striking Section 49 in its entirety and inserting in lieu thereof a new Section 49 to read as follows:
"Section 49. Qualifications of recorder; authority and duties.
The qualification of the recorder shall be the same as that of the members of the board of aldermen. He shall have authority to administer oaths, and shall be judge of 'police court' in and for said city for the trial and punishment of all offenders against the laws and ordinances of the city. He shall hold police court as often as may be necessary for the purpose, and shall have power to pre serve order, compel the attendance of witnesses, compel the pro duction of material, books, papers, or documents, to be used as evi dence, and punish by fine not exceeding fifty ($50.00) dollars or confinement in the jail where city prisoners are kept, not exceeding 30 days, for contempt committed in his presence in court. He shall have power to punish any person convicted of violating any penal ordinance or the code of the laws of the city, or of any penal sec tion of the charter of the city, not made a State offense, by fine, not exceeding five hundred ($500.00) dollars and by an alternative sentence of not exceeding 90 days on the city public works, or not exceeding 90 days in the city jail. All fines imposed under this sec tion may be collected by execution issued by the clerk. The recorder, upon investigation of any offense charged against any prisoner brought before him when presiding in said police court and it shall appear that the prisoner has committed an offense against any criminal law of the State, shall have the same power and duties of committee to jail or to bond as are now conferred by the law of the State upon justices of the peace."
Section 12. Said Act is further amended by striking Section 61 of said Act in its entirety.
Section 13. Said Act is further amended by striking in its entirety Section 105 of said Act, as amended, particularly by an Act approved March 12, 1959 (Ga. Laws 1959, p. 3056) and inserting in lieu thereof a new Section 105 to read as follows:
"Section 105. Sale of city property; closing streets, etc.
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The board of aldermen of said city shall have power and au thority to sell at public or private sale any property purchased by said city at a sale thereof for taxes or under other process at the best price obtainable and not less than its fair market value as Said mayor and aldermen shall also have authority to sell any other property owned by the City of Cartersville that they deter mine is no longer useful to the City at public or private sale for the best price obtainable and not less than its fair market value as determined by said board of aldermen. The board of aldermen are hereby granted full power and authority to close or abolish, either permanently or temporarily, any street, road, alley, sidewalk or other public area in said city."
Section 14. Said Act is further amended by striking in its entirety Section 109 of said Act.
Section 15. Said Act is further amended by striking Section 112 in its entirety and inserting in lieu thereof a new Section 112 to read as follows:
"Section 112. School Tax.
The board of aldermen of the City of the City of Cartersville is hereby authorized to levy a tax annually in addition to that now authorized by law for other purposes, on all the taxable property in said city not to exceed the tax rate for school purposes authorized by law, for the purpose of establishing and maintaining a system of public schools in said city; provided, the money so raised by taxation shall be used only for school purposes, as in this Act set
forth."
Section 16. Said Act is further amended by striking Section 113 in its entirety.
Section 17. Said Act is further amended by striking in its en tirety Section 4 of the 1959 amendatory Act and inserting in lieu there of a new Section 4 to read as follows:
"Section 4. Independent Audit.
The council shall provide for an independent annual audit of all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no per sonal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without re quiring competitive bids, designate such accountant or firm an nually, provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year."
Section 18. All laws and parts of laws in conflict with this Act are hereby repealed.
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2113
NOTICE
Notice is hereby given that there will be introduced at the January 1967 Session of the General Assembly of Georgia, a bill to amend the City Charter oi Cartersville, Georgia, so as to change the power of the Mayor and Board of Aldermen; to provide compensation for the Mayor and Board of Aldermen; to change the terms of office for each Alderman; to provide for the filling of vacancies on the Board of Alder men and in the office of Mayor; to change the qualifications of success ful candidates for the offices of Mayor and Aldermen; to change the provisions relating to the appointment and removal of the City Man ager; to change the penalties which may be assessed in the Recorder's Court; to change the millage rate allowable for school purposes; and for other purposes.
Joe Frank Harris Representative, 14th District. David N. Vaughan, Jr. Representative, 14th District.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Bartow Herald which is the official organ of Bartow County, on the following dates: February 2, 9, and 16th, 1967.
Joe Frank Harris
Representative, 14th District.
Sworn to and subscribed before me this 8th day of March, 1967.
/s/ Priscilla Sexton, Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1970.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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HB 1487. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, so as to increase the corporate limits, to change the pro visions relative to the registration of voters and to change the method of conducting municipal elections; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. Laws 1900, p. 427), as amended, particularly by an Act approved August 3, 1925 (Ga. Laws 1925, p. 1473), an Act approved March 27, 1941 (Ga. Laws 1941, p. 1771), an Act approved March 7, 1955 (Ga. Laws 1955, p. 3225), an Act approved March 13, 1957 (Ga. Laws 1957, p. 3317), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3148), an Act approved March 10, 1959 (Ga. Laws 1959, p. 2654), an Act approved April 5, 1961 (Ga. laws 1961, p. 3010), an Act approved April 2, 1963 (Ga. Laws 1963, p. 2583), an Act approved March 3, 1966 (Ga. Laws 1966, p. 3152) and an Act approved March 31, 1967 (Ga. Laws 1967, p. 2383), so as to increase the corporate limits of said city; to change the provisions relative to the qualifications and registration of voters; to change the method of con ducting municipal elections; to provide a form of ballots for said elec tions; to provide a method of challenging voters; to provide for elec tion contests and procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. Laws 1900, p. 427), as amended, particularly by an Act approved August 3, 1925 (Ga. Laws 1925, p. 1473), an Act approved March 27, 1941 (Ga. Laws 1941, p. 1771), an Act approved March 7, 1955 (Ga. Laws 1955, p. 3225), an Act approved March 13, 1957 (Ga. Laws 1957, p. 3317), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3148), an Act approved March 10, 1959 (Ga. Laws 1959, p. 2654), an Act approved April 5, 1961 (Ga. Laws 1961, p. 3010), an Act approved April 2, 1963 (Ga. Laws 1963, p. 2583), an Act approved March 3, 1966 (Ga. Laws 1966, p. 3152) and an Act approved March 31, 1967 (Ga. Laws 1967, p. 2383), is hereby amended by inserting a new section between Section 1C and Section 2 to be known as Section ID and to read as follows:
"Section ID. In addition to the area prescribed in Sections 1, 1A, IB and 1C, the corporate limits of the City of Swainsboro shall embrace all of that area within the following description:
'Parcel 1. Beginning at a point on the southern right-of-way of Meadowlake Parkway 150 feet east of the intersection of the eastern right-of-way of Empire Expressway and Meadowlake Park-
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2115
way; thence in a southernly direction along a line 150 feet east of and parallel to the eastern right-of-way of Empire Expressway to the western right-of-way of the Georgia and Florida Railroad Company; thence in a northernly direction along the western rightof-way of the Georgia and Florida Railway Company to the south ern right-of-way of Meadowlake Parkway; thence in an easterly direction along the southern right-of-way of Meadowlake Parkway
to the point of beginning.
'Parcel 2. Beginning at a point on the eastern right-of-way of the Georgia and Florida Railway Company 150 feet north of the northern right-of-way of Empire Expressway; thence in a westerly direction along a line 150 feet north of and parallel to the northern right-of-way of Empire Expressway to a point 150 feet beyond the western right-of-way of the Old Nunez Road; thence in a southerly direction along a line parallel to and 150 feet west of the western right-of-way of the Old Nunez Road to the property line of the property of Gordon Hall, et. al.; thence in an easterly direction along the property line dividing the property of Gordon Hall, et al. and Frank Flanders to the eastern right-of-way of the Georgia and Florida Railway Company; thence along the east ern right-of-way of the Georgia and Florida Railway Company in a northern direction to the point of beginning.
'Parcel 3. All that tract or parcel of land beginning at a point where the eastern edge of the Georgia and Florida Railway inter sects with property of Frank M. Flanders and Hall Pine Products Company and running thence S 75-45' E 13.6 chains to a point; thence turning and running S 82-40' E a distance of 3.97 chains to a point; thence turning and running in a northerly direction along the property line of Frank M. Flanders and Divid Kirby a distance of approximately 26 chains to a point; thence turning and running north 49-15' E a distance of approximately 15 chains to a point where the same intersects with land of Randolph Thompson; thence turning and running along land line of Randolph Thompson and Frank M. Flanders N 40-55' W 40.37 chains to a point located on the eastern edge of the Georgia and Florida Railway; thence turn ing and running in a southerly direction along the eastern edge of the Georgia and Florida Railway to the point of beginning.' "
Section 2. Said Act is further amended by striking therefrom Sec tion 5 in its entirety and substituting in lieu thereof a new Section 5 which shall read as follows:
"Section 5. All persons who have been bona fide residents of the city for six months before the day of election who shall be: (a) A resident of the State of Georgia for 12 months next preced ing the date of the election, (b) a citizen of the United States, (c) at least 18 years of age, shall be permitted to register to vote and shall be qualified to vote in city elections. Any person who possesses the qualifications of an elector, except those concerning
age or residence, or both, shall be permitted to register to vote if
such person will acquire such qualifications within six months after
the date of registration; provided, however, that such person shall
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not be permitted to vote in city elections until the acquisition of such qualifications."
Section 3. Said Act is further amended by striking therefrom Sec tion 6 in its entirety and substituting in lieu thereof a new Section 6 which shall read as follows:
"Section 6. It shall be the duty of the clerk upon application in person and not by proxy, of any person who is qualified as pro vided in Section 5 above, to register the name of such person, re cording on the voter's registration list, beside the applicant's name, his age, occupation, or business and the locality in the city where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse anyone who is entitled to register, and shall administer to him the following oath:
'You do solemnly swear that you are or shall have been a resi dent of the City of Swainsboro, for six months next preceding the date of the next regular city election; that you have resided in Georgia for 12 months; that you are a citizen of the United States; that you are at least 18 years of age or will be before the next city election; so help you God.'"
Section 4. Said Act is further amended by striking from Section 8 of said Act the third paragraph thereof which reads as follows:
"The clerk shall furnish a committee appointed by the mayor and councilmen a list of the registered voters, which they shall pro ceed to purge in the following manner: They shall examine the lists and make a separate list of names of all persons thereon who have died or who have removed from said city since registering and all who have paid no taxes or are otherwise disqualified as provided herein and shall mark the list, 'List of Disqualified Registered Names.' Said list shall be posted in the vestibule of the city hall at least five days before the date set for a hearing of those who desire to show cause why their names should not be stricken from the registration books, which said date shall be fixed by said committee and notice thereof set out on said list so posted in the city hall.",
and substituting in lieu thereof the following paragraph:
"A Committee appointed by the mayor and council consisting of not less than three nor more than five persons shall be ap pointed each year and said committee shall be known as registrars. The clerk of the City of Swainsboro shall be one of the committee. At least once a year the clerk of said city shall furnish a list of the registered voters to said committee which they shall purge as herein provided at least 15 days before any city election. The regis trars shall serve at the pleasure of the mayor and councilmen. If a vacancy in the committee occurs for any reason or cause, the mayor shall fill said vacancy by appointment. They shall examine the lists and make a separate list of names of all persons thereon who shall have died or who have removed from said city since registering and are otherwise disqualified as provided herein and
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shall mark the list, 'List of Disqualified Registered Names'. Said list shall be posted in the vestibule of the city hall at least five days before the date set for a hearing of those who desire to show cause why their names should not be stricken from the registration books, which said date shall be fixed by said committee and notice thereof set out on said list so posted in the city hall."
Section 5. Said Act is further amended by striking from Section 9.2 thereof that language contained in the second paragraph which reads as follows:
"Said managers shall conduct elections as near as practicable as elections for members of the General Assembly are conducted.",
so that when so amended the second paragraph of Section 9.2 shall read as follows:
"The polls at elections shall be open at 7:00 a.m. and close at 7:00 p.m. The mayor and councilmen may designate one or more voting places if occasion should require, and may appoint three or more freeholders as managers of each. The mayor and council shall fix the fees to be received by the managers for their services."
Section 6. Said Act is further amended by adding a new section to be known as Section 9.3 which shall read as follows:
"Section 9.3. All votes cast in municipal elections shall be by secret ballot."
Section 7. Said Act is further amended by adding thereto a new section to be known as Section 9.4 which shall read as follows:
"Section 9.4. Ballots.--The clerk of the City of Swainsboro shall cause to be printed official ballots for use in said city elec tions, and only official ballots so prepared shall be cast or counted in any such election.
(a) At the top of each ballot shall be printed in prominent type the words: 'Official Ballot' followed by the name and date of the election.
(b) Immediately under this caption, the following directions shall be printed: 'Mark out or through the name of each candi date for whom you do not wish to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' In such office or offices in which marks are make in violation of these directions, said ballot shall be disregarded in the counting of the votes cast for such office or offices.
(c) Immediately under the directions, the names of all candi dates who have qualified in accordance with the provisions of this Charter shall be printed on the ballots and the names of the candi dates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order.
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(d) Immediately following the names of the official candidates, ample space for write-in candidates shall be provided and the fol lowing instructions shall precede such space: 'To vote for a person whose name is not on the ballot, manually write his name, accom panied by the title of office involved. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' In such office or offices in which marks are made in violation of these directions, said ballot shall be disregarded in the counting of votes cast for such office or offices. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in space provided, and the insertion of such name outside such space or by the use of a sticker, paster, stamp or other printed or written matter is prohibited."
Section 8. Said Act is further amended by striking therefrom Sec tion 12.2 which reads as follows:
"Section 12.2. In the event anyone desires to contest any elec tion had in said city, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of the clerk of the superior court to product the ballot box and deliver it to the ordinary of Emanuel County who shall take evidence in said case. The said clerk shall produce said box and said contents at the time and place fixed for taking testimony in said contest, and whenever he may be required to produce said box and its con tents on account of said contested election, he shall be allowed five dollars for such services, to be paid from the treasury of said city.",
in its entirety and substituting in lieu thereof a new Section 12.2 which shall read as follows:
"Section 12.2. In the event anyone desires to contest any elec tion had in said city, said contest shall be conducted under the rules and regulations hereinafter prescribed:
(a) The result of any election may be contested on one or more of the following grounds:
(1) Malconduct, fraud or irregularity by any election of ficial or officials sufficient to change or place in doubt the result.
(2) When the defendant is ineligible for the office in dispute.
(3) When irregular votes have been received or regular votes rejected at the polls sufficient to change or place in doubt the result.
(4) For any error in counting the votes or declaring the result of the election, if such error would change the result.
(5) For any other cause which shows that another was the person regularly elected or eligible to hold the office.
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(b) Any person desiring to contest such election shall, within five days from the date of said election, file in the office of the clerk of the superior court of Emanuel County, a petition setting forth his allegation as to the grounds for said contest and which shall include:
(1) The contestant's qualifications to institute the con test.
(2) The name of the office or question involved in the contest.
(3) The name of the defendant.
(4) The name of each person who was a candidate in such election for the office for which the contest is made.
(5) Each ground of contest.
(6) The date of the official declaration of the result in dispute.
(7) The relief sought.
(8) Such other facts as are necessary to provide a full, particular and explicit statement of the cause of contest.
(c) The petition shall be verified by the affidavit of the con testant.
(d) Upon such petition being filed, the clerk of the superior court of Emanuel County shall issue notice in the form of special process directed to the sheriff of Emanuel County requiring the defendant to appear and answer such petition on a day to be fixed in such notice, not more than ten days nor less than five days, of the service of such notice. Such notice, with a copy of the petition attached, shall be served by the sheriff upon the defendant in the same manner as petitions and processes are served in other civil cases. On or before the day fixed in such notice, unless for good cause shown, the presiding judge shall extend the time therefor, the defendant shall appear and answer such petition and may set up by way of answer any right or interest he may have or claim in such proceeding. Any other person who was a candidate at such election for the office involved and upon whom notice was served as aforesaid shall be deemed a litigant to such proceedings and may set up by way of answer or cross-action any right or interest he may have or claim therein.
(e) After filing, any petition, cross-action or answer may be amended with relief of court so as to include the specification of additional grounds of contest, other relevant facts, or prayer for further relief. After each amendment, a reasonable time to respond shall be given by the court to any opposing litigant.
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(f) The presiding judge shall fix a time and place, within 20 days after the return day fixed in such notice to the defendant, for the hearing of such contest proceeding and such judge may fix additional hearings at such other time and place as are necessary to promptly decide the contest.
(g) The court, presided over by such judge, shall have plenary power, to make, issue and enforce ail necessary orders, rules, proc esses and decrees, for a full and proper understanding and final determination and enforcement of the decision of every such case, according to the course of practice in other civil cases under the laws of this State, or which may be necessary and proper to carry out the provisions of this Charter. The court shall have authority to subpoena and to compel the attendance of any officer of the primary or election complained of, and of any person capable of testifying concernin gthe same, and also to compel the production of evidence which may be required at such hearing, in like manner, and to the same extent as in other civil cases litigated before such court; to take testimony and to proceed without delay, postponing for the purpose, if necessary, all other business, to the hearing and determination of such contest.
(h) (1) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by Jury at any time prior to the call of the case, and the court shall determine that it is an issue which under other laws of this State or city the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases.
(2) In a ease contesting the result of an election, the court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In a case where a special verdict is to be rendered, the court shall submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the mat ter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evi dence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
(i) (1) After hearing the allegations and evidence in the contest, the court shall declare as elected, or as eligible to
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compete in a runoff election, that qualified candidate who received the requisite number of votes, and pronounce judg ment accordingly, and the clerk shall certify such determina tion to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved, and the clerk shall certify such determination to the defendant.
(2) When a defendant, who has received the requisite num ber of votes for election or to compete in an election, is deter mined to be ineligible for the office sought, the court shall pro nounce judgment declaring the election invalid as regards such office, and shall thereupon call a second election to fill such office.
(3) If misconduct is complained of on the part of the poll officers or managers of any election in said city, it shall not be held sufficient to set aside the contested result unless the rejection of the vote would change such result.
(4) Whenever the court trying a contest shall determine that the election is so defective as to the office or eligibility in contest as to place in doubt the result of the election for such office or eligibility, then such court shall declare the elec tion to be invalid as regards such office or eligibility, and shall thereupon call a second election to fill such office.
(j) If an appeal is made from final determination of the court, it shall be made in accordance with law of Georgia, now of force or hereafter amended or enacted for appeals in civil cases.
(k) The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the election be confirmed, or the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs; and if the judgment be against the defendant, or the result or election be set aside, he shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise.
(1) The presiding judge in such election contest shall be any superior court judge of an adjoining judicial circuit of the Middle Judicial Circuit."
Section 9. Said Act is further amended by striking therefrom Section 12.3 which reads as follows:
"Section 12.3. In the event a contest for any office is insti tuted, the certificates of election shall not be delivered by the man agers of said election until the contest is heard and determined, as required by law. It shall be the duty of the officers in commis sion at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined.",
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in its entirety and substituting in lieu thereof a new Section 12.3 which shall read as follows:
"Section 12.3. In the event a contest for any office is insti tuted, the clerk of the City of Swainsboro shall deposit in the of fice of the clerk of the superior court of Emanuel County the ballot box or boxes used in such election, and such box or boxes shall be held by said clerk of the superior court until further ordered by the court. In the event of a contest for any office, the certificates of election shall not be delivered by the managers of such election until the contest is heard and determined. It shall be the duty of the officers in commission at the time of said election which is in contest to continue to discharge the duties of their offices until said contest is heard and determined."
Section 10. Said Act is further amended by adding a new section to be known as Section 12.4 which shall read as follows:
"Section 12.4. Challenge of listed persons by other electors; proceedings upon challenge:
(a) Any elector of the city shall be allowed to challenge the right of registration of any person whose name appears upon the electors' list and upon a challenge as to the qualifications of the elector being filed, the registrars appointed aforesaid shall notify the elector and shall pass upon the challenge. Each challenge shall specify the grounds thereof and notice given the elector by the regis trar. A copy of said notice shall be furnished the challenged elec tor at least three (3) days before passing upon the same. Any elec tor of the city shall be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualifica tions to register or to vote shall be decided in every case by said registrars with the right of appeal to the superior court.
(b) Any elector of the city shall be allowed to challenge the right of any person whose name appears upon the electors' list by making application to the registrars of the city aforesaid at any time, including election day. Such challenge shall be written and distinctly set forth the grounds of challenge. The registrars shall immediately consider the same and unless they find probable cause to sustain such challenge they shall deny it. If they find probable cause to sustain such challenge the challenged elector shall be noti fied if practicable and afforded the opportunity to answer. After hearing the challenger and the challenged elector, said registrars shall determine whether probable cause exists to sustain such chal lenge. If none exists, the challenged elector shall he permitted to vote. If the registrars are in doubt as to the merit of the chal lenge, they shall permit the challenged elector to vote by having the word 'challenged' written across the back ol the challenged elector's ballot for later determination."
Section 11. Notwithstanding any provisions contained in this Act, any person presently registered and qualified to vote in the City of Swainsboro at the time of approval hereof shall not be required to register.
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Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1488. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the City of Twin City, so as to change the provisions relative to registration of voters and the conducting of municipal elections; and for other pur poses.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act incorporating the City of Twin City in Emanuel County, approved August 9, 1920 (Ga. Laws 1920, p. 1658), as amended by an Act approved August 14, 1925 (Ga. Laws 1925, p. 1514), an Act approved March 28, 1935 (Ga. Laws 1935, p. 1211), an Act approved February 25, 1949 (Ga. Laws 1949, p. 1862), and an Act approved March 9, 1959 (Ga. Laws 1959, p. 2592), so as to change the provisions relative to the qualifications and registration of voters; to change the provisions relative to the holding and conducting of elections; to provide for the form of ballots; to provide for the pro cedure connected with election contests; to provide for election of the Mayor and City Commissioners; to provide for filling vacancies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act incorporating the City of Twin City in Emanuel County, approved August 9, 1920 (Ga. Laws 1920, p. 1658), as amended by an Act approved August 14, 1925 (Ga. Laws 1925, p. 1514), an Act approved March 28, 1935 (Ga. Laws 1935, p. 1211), an Act approved February 25, 1949 (Ga. Laws 1949, p. 1862), and an Act approved March 9, 1959 (Ga. Laws 1959, p. 2592), is hereby amended by striking Section 5, 6, 9, 10, 11, and 12 in their entirety and inserting in lieu thereof new Sections to read as follows:
"Section 5. It shall be the duty of the city clerk to provide suitable permanent books, cards or other material for the perma nent registration of the qualified voters of said city for any and
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all elections held in said city, of every kind and character and for all purposes; within ten days after registration books are provided, as herein required, the city clerk shall open the said registration books for the registration of the qualified voters of said city, and shall cause to be published in the first issue of the newspaper in which sheriff's advertisements are published for Emanuel County, after the opening of the books, notice that the books are open for registration of the qualified voters of said city. The books shall be kept open for the registration of voters at the city hall at all times during office hours, except Sundays and legal holidays, and except as herein otherwise provided.
"Section 6. Voters registration books shall be closed at 5:00 p.m. twenty days before the election to be held for mayor and com missioner, and shall remain closed until after said election for a period of two full weeks exclusive of the week in which the election is held. During the period the books are required to be closed by this section, no person shall be permitted to register.
"Section 7. All persons who have been bona fide residents of the city for six months before the day of election who shall be: (a) A resident of the State of Georgia for 12 months next pre ceding the date of the election, (b) a citizen of the United States, (c) at least 18 years of age, shall be permitted to register to vote and shall be qualified to vote in city elections. Any person who possesses the qualifications of an elector, except those concerning age or residence, or both, shall be permitted to register to vote if such person will acquire such qualifications within six months after the date of registration; provided, however, that such person shall not be permitted to vote in city elections until the acquisition of such qualifications.
"Section 8. It shall be the duty of the clerk upon application in person and not by proxy, of any person who is qualified, as pro vided hereinbefore, to register the name of such person, recording
on the voter's registration list, beside the applicant's name, his age, occupation, or business and the ward in the city where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse anyone who is entitled to register, and shall administer to him the following oath:
'You do solemnly swear that you are or shall have been a resi dent of the City of Twin City, for six months next preceding the date of the next regular city election; that you have resided in Georgia for 12 months; that you are a citizen of the United States; that you are at least 18 years of age or will be before the next city election, so help you God.'
"Section 9. Every person who desires to register must do so in person and take the oath in person, and if such person is unable to write his name, he must sign with his mark which must be wit nessed by the clerk. No person so registering shall be required to register again as a qualified voter of said city except as herein after provided, so long as he remains a resident of said city and does not otherwise become disqualified. In the event a person fails
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to vote for two successive annual elections, his name shall be re moved from the registration list and in order to be eligible to vote he must register again.
"Section 10. There may be an appeal from the decision of the clerk or registrar as to the right of a person to register, to a com mittee of three freeholders previously appointed by the Mayor and commission for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five days from the time the appeal shall be filed. After all appeals are decided, it shall be the duty of the clerk or registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of the same.
"Section 11. The registration book shall be open to the in spection of the public at all times during office hours.
"Section 12. At least once each year the clerk shall furnish a committee appointed by the mayor and commission a list of the registered voters, which they shall proceed to purge in the follow ing manner: They shall examine the lists and make a separate list of names of all persons thereon who have died or who have re moved from said city since registering or are otherwise disquali fied as provided herein and shall mark the list, 'List of Disqualified Registered Names'. Said list shall be posted in the vestibule of the city hall at least five days before the date set for a hearing of those who desire to show cause why their names should not be stricken from the registration books, which said date shall be fixed by said committee and notice thereof set out on said list so posted in the city hall.
"Section 12A. The registration book or books made up as here inbefore provided shall constitute a permanent record of all persons who become legally registered, until they become disqualified to vote in the City of Twin City under the requirements of the charter of said city. After any person registered as herein provided be comes disqualified, he shall no longer be considered registered, until such person registers again after the disqualification is re moved.
"Section 12B. It shall be the duty of the clerk or registrar to furnish the managers of elections at or before the opening of the polls on the day of election, with a complete list of the registered voters, arranged in alphabetical order, showing the ward in which the voter resides, certified to under the hand of the clerk or regis trar, and the corporate seal of the city.
"Section 12C. Elections shall be conducted under the manage ment of three or more freeholders, who are residents of said city and not candidates in said election, appointed as managers by the mayor and commission.
"Section 12D. Said managers shall conduct elections. The polls at election shall be open at 7:00 a.m. and close at 7:00 p.m. The
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mayor and commission may designate one or more voting places if occasion should require, and may appoint three or more freeholders as managers of each. The mayor and commission shall fix the fees to be received by the managers for their services.
"Section 12E. The mayor and commission are authorized to prohibit the solicitation of votes v/ithin 200 feet of any polling place within the City of Twin City by municipal ordinance and are au thorized to provide for an appropriate punishment for those per sons convicted of such municipal ordinance.
"Section 12P. All votes cast in municipal elections shall be by secret ballot. The clerk of the City of Twin City, shall cause to be printed, official ballots for use in said city elections, and only official ballots so prepared shall be cast or counted in any such election.
(a) At the top of each ballot shall be printed in prominent type the words: 'Official Ballot' followed by the name arid date of the election.
(b) Immediately under this caption, the following direc tions shall he printed: 'Mark out or through the name of each candidate for whom you do not wish to vote. If you spoil your ballot do not erase, but ask for a new ballot. Use only pen or pencil'. In such office or offices in which marks are made in violation of these directions, said ballot shall be disregarded in the counting of the votes cast for such office or offices.
(c) Immediately under the directions, the names of all can didates, who have qualified in accordance with the provisions of this charter, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed there under in alphabetical order.
(d) Immediately following the names of the official candi dates, ample space for write-in candidates shall be provided and the following instructions shall precede such space: "To vote for a person whose name is not on the ballot, manually write his name, accompanied by the title of office involved. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil'.
In such office or offices in which marks are made in viola tion of these directions, said ballot shall be disregarded in the counting of the votes cast for such office or offices. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in space provided,
and the insertion of such name outside such space or by the use of a sticker, paster, stamp or other printed or xvritten matter is prohibited.
"Section 12G. Election managers shall, before proceeding with an election, take and subscribe the following oath:
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'All and each of us do swear that we are qualified by being freeholders to hold this election; that we will make a just and true return therefor, and not knowingly prohibit anyone from voting who is entitled; and that we will not knowingly divulge for whom any vote was cast, unless called upon under the law to do so, so help us God.'
The city clerk or registrar shall administer the oath.
"Section 12H. The affidavit of oath shall be signed by each election manager in the capacity in which he acts and subscribed before some officer authorized to administer oaths, if any such be present, and if no such officer be present, said oath shall be made and subscribed by each manager in the presence of the others. The managers of said election shall proceed to count out the bal lots, declare the result and issue certificates of election to the mayor-elect and commissioner-elect; provided, however, that said certificates of election and the results of said election shall be issued by the managers within two days from the date of election.
It shall be the duty of the managers at any election held under the provisions hereof after the ballots have been counted and the results have been ascertained, to replace all the ballots in the ballot boxes, together with a list of the voters and tally sheets, and seal the same and deposit the same with the clerk of the Superior Court of the County of Emanuel, who shall preserve the same and deliver it only as herein provided.
The certificates thus issued as herein provided shall be suf ficient authority to the persons so elected to enter upon the dis charge of their official duties, after qualification as hereinafter provided.
"Section 121. The managers of such election, in addition to their duty to issue to the newly elected mayor and each of the newly elected commissioners a certificate of election, shall certify the result of the election to the acting board of commissioners, which last certificate shall be entered upon the records of said mayor and commission. Said managers shall also furnish the mayor and commissioners one of the tally sheets of said election, certified to by them as being correct
"Section 12J. In the event anyone desires to contest any elec tion had in said city, said contest shall be conducted under the rules and regulations hereinafter prescribed:
(a) The result of any election may be contested on one or more of the following grounds:
(1) Malconduct, fraud or irregularity by any election of ficial or officials sufficient to change or place in doubt the result.
(2) When the defendant is ineligible for the office in dis pute.
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(3) When irregular votes have been received or regular votes rejected at the polls sufficient to change or place in doubt the result.
(4) For any error in counting the votes or declaring the result of the election, if such error would change the result.
(5) For any other cause which shows that another was the person regularly elected or eligible to hold the office.
(b) Any person desiring to contest such election shall, within five days from the date of said election, file in the office of the clerk of the superior court of Emanuel County, a petition setting forth his allegation as to the grounds for said contest and which shall include:
(1) The contestant's qualifications to institute the con test.
(2) The name of the office or question involved in the contest.
(3) The name of the defendant.
(4) The name of each person who was a candidate in such election for the office for which the contest is made.
(5) Each ground of contest.
(6) The date of the official declaration of the result in dispute.
(7) The relief sought.
(8) Such other facts as are necessary to provide a full, particular and explicit statement of the cause of contest.
(c) The petition shall be verified by the affidavit of the contestant.
(d) Upon such petition being filed, the clerk of the supe rior court of Emanuel County shall issue notice in the form of special process directed to the sheriff of Emanuel County requiring the defendant to appear and answer such petition on a day to be fixed in such notice, nor more than ten days nor less than five days, of the service of such notice. Such notice, with a copy of the petition attached, shall be served by the sheriff upon the defendant in the same manner as peti tions and processes are served in other civil cases. On or before the day fixed in such notice, unless for good cause shown, the presiding judge shall extend the time therefor, the defendant shall appear and answer such petition and may set up by way
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of answer any right or interest he may have or claim in such proceeding. Any other person who was a candidate at such elec tion for the office involved and upon whom notice was served as aforesaid shall be deemed a litigant to such proceedings and may set up by way of answer or cross-action any right or in terest he may have or claim therein.
(e) After filing, any petition, cross-action or answer may be amended with relief of court so as to include the specification of additional grounds of contest, other relevant facts, or prayer for further relief. After each amendment, a reasonable time to respond shall be given by the court to any opposing litigant.
(f) The presiding judge shall fix a time and place, with in 20 days after the return day fixed in such notice to the defendant, for the hearing of such contest proceeding and such judge may fix additional hearings at such other times and places as are necessary to promptly decide the contest.
(g) The court, presided over by such judge, shall have plenary power, to make, issue and enforce all necessary orders, rules, processes and decrees, for a full and proper understand ing and final determination and enforcement of the decision of every such case, according to the course of practice in other civil cases under the laws of this State, or which may be necessary and proper to carry out the provisions of this Char ter. The court shall have authority to subpoena and to compel the attendance of any officer of the primary or election com plained of, and of any person capable of testifying concern ing the same, and also to compel the production of evidence which may be required at such hearing, in like manner, and to the same extent as in other civil cases litigated before such court; to take testimony and to proceed without delay, post poning for the purpose, if necessary, all other business, to the hearing and determination of such contest.
(h) (1) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it is an issue which under other laws of this State or city the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases.
(2) In a case contesting the result of an election, the court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In a case where a special verdict is to be rendered, the court shall submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the sev eral special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings there-
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on as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands its submis sion to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
(1) (1) After hearing the allegations and evidence in the contest, the court shall declare as elected, or as eligible to com pete in a runoff election, that qualified candidate who received the requisite number of votes, and pronounce judgment accord ingly, and the clerk shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved, and the clerk shall certify such determination to the defendant.
(2) When a defendant, who has received the requisite num ber of votes for election or to compete in an election, is deter mined to be ineligible for the office sought, the court shall pronounce judgment declaring the election invalid as regards such office, and shall thereupon call a second election to fill such office.
(3) If misconduct is complained of on the part of the poll officers or managers of any election in said city, it shall not be held sufficient to set aside the contested result unless the rejection of the vote would change such result.
(4) Whenever the court trying a contest shall determine that the election is so defective as to the office or eligibility in contest as to place in doubt the result of the election for such office or eligibility, then such court shall declare the election to be invalid as regards such office or eligibility, and shall thereupon call a second election to fill such office.
(j) If an appeal is made from final determination of the court, it shall be made in accordance with law of Georgia, now of force or hereafter amended or enacted for appeals in civil cases.
(k) The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the election be confirmed, or the petition dis missed, or the prosecution fails, judgment shall be rendered against the contestant for costs; and if the judgment be against the defendant, or the result or election be set aside, he shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or other wise.
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(1) The preceding judge in such election contest shall be any superior court judge of an adjoining judicial circuit of the Middle Judicial Circuit.
In the event a contest for any office is instituted, the clerk of the City of Twin City shall deposit in the office of the clerk of the superior court of Emanuel County the ballot box or boxes used in such election, and such box or boxes shall be held by said clerk of the superior court until further ordered by the court. In the event of a contest for any office, the certificates of election shall not be delivered by the managers of such elec tion until the contest is heard and determined. It shall be the duty of the officers in commission at the time of said election which is in contest to continue to discharge the duties of their offices until said contest is heard and determined.
"Section 12K. No person shall be eligible to hold the office of mayor in said city unless he is twenty-one years old, a qualified elector of the City of Twin City, and shall have resided in the city for a period of two years immediately preceding his election.
"Section 12L. There shall be held in the City of Twin City on the first Tuesday in December an election to elect the successors to the commissioners and mayor whose terms of office expire in that year. Every person desiring to become a candidate for either the office of mayor or for the office of commissioner of the said City of Twin City shall file or cause to be filed with the clerk of the City of Twin City, not later than ten days before the municipal election date, which election shall be held on the first Tuesday in December, annually, a statement of his or her candidacy, recit ing that he is offering for mayor or as commissioner, and, if offer ing as commissioner, said statement shall designate the person to whose office he desires to seek or succeed. The candidate shall further file with the clerk of the City of Twin City a certificate sworn to by him that he is qualified to fill the office to which he seeks election.
All candidates for the office of Mayor shall be elected by the voters of the entire City of Twin City and must obtain a plurality of the votes cast in any election to be elected. All candidates for the office of commissioner shall be elected by the voters of the City who reside within the ward to be represented by the candidate, and the candidate must obtain a plurality of the votes cast in any election to be elected.
The mayor and commission may provide that each candidate for mayor and commissioner shall pay a filing fee of not more than $25.00 when filing the statement of candidacy and certificate.
The mayor and commissioners shall at their first meeting in each year elect one of the commissioners to serve as Mayor Pro Tern for the calendar year.
"Section 12M. The mayor and commissioners serving at the time of the approval of this Act shall continue to serve for the
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term to which they were elected. Their successors shall not take office until the regular term of office of the incumbent officers shall expire. The mayor and commissioners shall serve for a term of office of two years and until the successor is duly elected and qualified.
"Section 12N. In the event a vacancy shall occur within the offices of mayor or commissioner within six months of the expira tion of the regular term of office in which the vacancy shall occur, the mayor and commissioners in the event of vacancy on commis sion and the commissioners in the event of a vacancy of mayor shall fill such vacancy by electing a successor to serve out the term of office in which the vacancy occurs. If the vacancy should occur at any other time, the clerk shall issue the call fo^ a special election in order to fill such vacancy within fifteen (15) days of the date on which the vacancy first occurs. The election shall be held within thirty (30) days of the issuance of the call and shall be ad vertised by the clerk in the official organ of Emanuel County for the two (2) weeks next preceding the date fixed for said special election. Said election shall be held in accordance with the pro visions of this charter governing municipal elections. That candi date offering to fill such vacancy who receives a plurality of the votes cast shall be elected. Provided, however, if a vacancy occurs at any other time not within six months of the expiration of the term of office in which the vacancy occurs, which is within three months of an annual election, the clerk, with the unanimous con sent of the remaining mayor and commissioners, may hold the elec tion to fill the vacancy at the same time as the annual election."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
GEORGIA, EMANUEL COUNTY
Personally appeared before me, the undersigned officer duly author ized to administer oaths, WILLIAM ROGERS, who on oath deposes and says that he is the Editor and Publisher of the Swainsboro Forest Blade, official county organ in and for Emanuel County and that the attached copy of Notice of Intention to Apply for Local Legislation was pub lished in the Swainsboro Forest Blade on the following dates: December 27th, 1967, January 3rd, 1968, and January 10th, 1968.
William Rogers.
Sworn to and subscribed before me, this 8th day of February, 1968.
/s/ Sidney B. Shepherd, Notary Public. My Commission Expires Jan. 21, 1971. (Seal).
PUBLIC NOTICES
Notice of Intention to Apply for the Passage of Local Legislation
WEDNESDAY, FEBRUARY 28, 1968
2133
Notice is hereby given that the application for passage of local legis lation at the January session 1968 of the General Assembly of Georgia will be made in order to amend the charter of the City of Twin City, as amended.
This 20th day of December, 1967.
/a/ Geo. L. Smith II
Representative, 54th District.
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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1531. By Mr. McCracken of the 49th: A Bill to be entitled an Act to add two members of the Board of Educa tion of Jefferson County; and for other purposes.
The following amendment was read and adopted:
Mr. McCracken of the 49th moves to amend House Bill No. 1531, as follows:
By inserting between the first and second sentences of Section 1 the following:
"The members of the board, serving at the time of the ap proval of this Act, shall continue to serve out the terms to which they were appointed; and their successors shall be selected as pro vided for in Article VIII, Section V, Paragraph I of the Constitu tion."
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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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SB 372. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present method of compensat ing the tax collector of Fannin County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend Senate Bill No. 372 as follows:
By striking in Section 2 the figure "7,500.00", and inserting in lieu thereof the figure "8,500.00".
By striking in the first sentence of Section 5 the figure "600.00", and inserting in lieu thereof the figure "3,600.00".
The report of the Committee which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SR 193. By Senator McGill of the 24th: A Resolution authorizing the conveyance of a certain tract of Stateowned property located in Wilkes County to Wilkes County; and for other purposes.
The following amendment was read and adopted:
The Local Affairs Committee moves to amend Senate Resolution No. 193, as follows:
By adding at the end of the legal description of the property to be conveyed the following:
"According to plat thereof prepared by Wililam B. Fricklen, dated January 16, 1968, and recorded in Plat Book No. 3, p. 157 of the records of the clerk of the Superior Court of Wilkes County.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
WEDNESDAY, FEBRUARY 28, 1968
2135
On the adoption of the Resolution, as amended, the ayes were 115, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 665-1435. By Messrs. Smith of the 114th, Tye and Whaley of the 115th, Berry and Gignilliat of the 113th and Battle of the 116th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide the procedure whereby taxes other than ad valorem property taxes may be levied in the City of Savannah and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph III of the Constitution of Georgia is hereby amended by adding at the end thereof the following:
"The Mayor and Aldermen of the City of Savannah, subject to the procedure prescribed hereinafter, are hereby authorized to levy, on a citywide basis any tax which is not expressly prohibited by the Constitution or general laws of Georgia. The procedure provided herein shall not apply to any tax which the Mayor and Aldermen of the City of Savannah were authorized to levy at the time this amendment was submitted for ratification or rejection, nor to any tax they are authorized to levy by general law enacted subsequent to such time.
"Before any such tax shall be levied, approval therefor must be granted by the voters of the City of Savannah in a referendum election as provided for hereinafter. The Mayor and Aldermen of the City of Savannah shall pass a resolution providing that a particular tax shall be levied. The type of tax, a brief explanation of such tax, and the method under which it is proposed to be levied shall be contained in the resolution. Upon the presentation of such resolution to the proper authority, it shall be his duty to issue within thirty days the call for a referendum election to determine whether such resolution shall be approved. The proper authority shall set the date of such an election for a day not less than sixty and not more than ninety days after the date of the issuance of the call, or if the Mayor and Aldermen so direct, he shall set the date of such election for the same date on which the next general election is to be held. Provided, however, the said authority shall not set
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a date for such election if on said date the Commissioners of Chat ham County have proposed any tax affecting the residents of Chatham County under authority granted to it in House Resolution 114-294. The proper authority shall cause the date and purpose of the election and a copy of the resolution to be published once a week for two weeks immediately preceding the date of such election, in the official organ of the City of Savannah or Chatham County. The ballot shall have written or printed thereon the words:
'For approval of the resolution providing for the levying of (insert name of tax).
'Against approval of the resolution providing for the levy ing of (insert name of tax).'
"If more than one-half of the votes cast on such question are for approval of the resolution, such tax shall be levied; otherwise, such tax shall not be levied. No such tax shall be levied before the beginning of the calendar year immediately succeeding the date of approval thereof by the voters. After any such tax has been levied for one year, the Mayor and Aldermen of the City of Savannah are hereby given the authority to levy or not to levy such tax for any succeeding year, all in the discretion of said Mayor and Aldermen and without the necessity of any further referendum election.
"When any such tax is levied pursuant to this amendment, the Mayor and Aldermen of the City of Savannah, when fixing the ad valorem tax millage rate each year, shall determine the Millage rate without regard to this amendment. Said officers shall then reduce such millage rate so that the proceeds of the ad valorem property tax levy shall be reduced in an amount which shall not be less than an amount equal to 100% of the total amount of funds received in the immediately preceding year from the levy of any tax authorized by this amendment.
"The provisions of this amendment are not intended to and shall not be construed to limit in any way the obligation of the City of Savannah to levy ad valorem taxes for bond purposes as required by the provisions of Article VII, Section VII, Paragraph II of the Constitution of Georgia."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes' and "Nays" taken thereon, such 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:
WEDNESDAY, FEBRUARY 28, 1968
2137
"YES ( ) Shall the Constitution be amended so as to provide the procedure whereby taxes other than ad valorem pro perty taxes may be levied in the City of Savannah and
NO ( ) to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No.".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostiek Branch
Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Gates
Cheeks Clarke Cole Colwell Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent
Dillon Dixon Dodson Dorminy Douglas Edwards Egan Fallin Farrar
Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hadaway Hall Harris, J. F. Harris, J. R. Harrison
Higginbotham Hill Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner
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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 Magoon Malone Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken McDaniell Melton Miller Mixon
JOURNAL OF THE HOUSE,
Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Nimmer Oglesby Otwell Palmer Parker, H. W. Parrish Phillips
Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Shields Shuman Simmons
Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sweat Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware
"Westlake Whaley Wiggins Williams
Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bo wen Caldwell Cato Chandler Collins, J. F. Collins, M. Conner Cooper, B. DeLong Dickinson Dollar Doster Farmer Fleming Gunter Hale
Hamilton Hargrett Harrington Harris, R. W. Henderson Holder Johnson, B.
Jones, C. M. Jordan, W. H. Laite Land Le vitas Mauldin Merritt Moate Moreland Murphy
Northcutt Odom Pafford Paris Parker, C. A. Peterson Pickard Russell Sherman Stalnaker Sullivan Thompson, A. W. Wamble Wells Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
WEDNESDAY, FEBRUARY 28, 1968
2139
HR 719-1522. By Mr. Simmons of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that the tax commissioner of Gilmer County shall be authorized to collect tax fi.fas. issued by the tax commissioner; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The tax commissioner of Gilmer County shall have full power and authority to levy and collect all tax fi.fas. issued by said tax commissioner as fully and effectively as if done by the sheriff of said county. The tax commissioner shall have the power to bring all property subject to said fi.fas. to sale and to sell the same in accordance with the procedures relating to sheriff's sales as is now or may hereafter be provided by law. For the purposes of collecting tax fi.fas., the tax commissioner is hereby vested with all such powers and authority as is by law granted to sheriffs only insofar as levies, sales and conveyances of property are concerned. The tax commissioner, in carrying out the provisions of this paragraph, shall have the power and authority to appoint one or more deputies which shall have all the powers of said tax commissioner only in sofar as the levy and collection of taxes is concerned. The advertise ments, actual sales and conveyances and bills of sale, however, are to be made only by the tax commissioner. Said deputies shall be required to give such bond as may be required by the tax commis sioner. Such deputy or deputies shall have no power or authority except with respect to the levy of said tax fi.fas. and the collection of taxes, and shall hold the office of deputy at the pleasure of the tax commissioner. The tax commissioner shall be responsible for the acts of the deputy or deputies as sheriffs are now liable for the acts of their deputies."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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JOURNAL OF THE HOUSE,
"YES ( ) Shall the Constitution be amended so as to authorize the tax commissioner of Gilmer County to collect tax
NO ( ) fi.fas. issued by the tax commissioner?"
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 Battle Bennett 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 Carnes Gates Cheeks Clarke Cole
Colwell Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dillon Dixon Dodson Dorminy Douglas Edwards Egan Fallin Farrar Floyd Funk Gary Gay Gaynor Gignilliat
Grahl Graves Grier Hadaway Hall Harris, J. F. Harris, J. R. Harrison Higginbotham Hill Hood Howard Howell Hutchinson Jenkins Johnson, A, S. Joiner Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Lane, Dick Lane, W. J.
WEDNESDAY, FEBRUARY 28, 1968
2141
Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken McDaniell Melton Miller Mixon Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton
Nimmer Oglesby Otwell Palmer Parker, H. W. Parrish Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, J. R.
Smith, V. T. Smith, W. L. Snow Starnes Steis Sweat Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bowen Caldwell Cato Chandler Collins, J. F. Collins, M. Conner Cooper, B. DeLong Dickinson Dollar Doster Farmer Fleming Gunter Hale
Hamilton Hargrett Harrington Harris, R. W. Henderson Holder Johnson, B. Jones, C. M. Jordan, W. H. Laite Land Le vitas Mauldin Merritt Moate Moreland Murphy
Northcutt Odom Pafford Paris Parker, C. A. Peterson Pickard Russell Sherman Stalnaker Sullivan Thompson, A. W. Wamble Wells Wilson, J. M.
Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
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HR 722-1544. By Mr. Kaylor of the 4th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Blue Ridge Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in the City of Blue Ridge, Georgia, to be known as the City of Blue Ridge Industrial Development Authority, which shall be an instru mentality of the State of Georgia and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of seven members to be elected by the Mayor and Council of the City of Blue Ridge, Georgia, for initial terms of two, four and six years, and thereafter for staggered terms of six years. At the time of election of the first members, the governing body of the municipality shall elect two members for a two year term, two members for a four year term, and three members for a six year term, and thereafter the terms of all members shall be six years. In the event a vacancy occurs for any reason, the May or and Council of the City of Blue Ridge, Georgia, shall immediately elect a person to fill such vacancy for the unexpired term. A ma jority of the members shall constitute a quorum, but no action may be taken by the Authority without the affirmative vote of a ma jority of a quorum present of the membership of the Authority. The Authority shall have power to elect their own Chairman, Assistant Chairman and Secretary from its membership. No member of the governing body of the City of Blue Ridge, Georgia, may be a mem ber of said Authority and only residents of the City of Blue Ridge, Georgia, shall be eligible members for said Authority.
"C. The power of the Authority shall include but not be limited to, the power:
1. To sue and be sued, to receive and administer gifts, grants and donations and administer trusts;
2. To borrow money, to issue notes and revenue bonds, to execute trust agreements or indentures, and to sell, convey,
WEDNESDAY, FEBRUARY 28, 1968
2143
lease, mortgage, pledge and assign any and all of its funds, pro perty and income as security therefor;
3. To contract with the City of Blue Ridge and with other political subdivisions of the State and with the State and with the United States Government or with any department or agency of either and with private persons and corporations;
4. To exercise any power granted by the laws of the State of Georgia to any public or private corporation performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia;
5. To encourage and promote the expansion and develop ment of industrial and commercial facilities in the City of Blue Eidge so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of said city suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant including all neces sary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and remodeling, renovating, reconstructing, furnishing and equipping of such building;
6. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer or possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
7. To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
8. To designate officers to sign and act for the Authority generally or in any specific manner;
9. To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated;
10. To appoint and select officers, agents and employees including engineers, architects, builders and attorneys, and to fix their compensation;
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11. To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be en joyed, as the Authority may deem necessary or expedient in facilitating its business.
"D. The City of Blue Ridge, Georgia, by and through the gov erning body thereof, is hereby authorized and empowered to levy a tax on all taxable property therein not to exceed five (5) mills for the purpose of establishing a fund to be set aside, transferred to and used by said Authority for the general purposes of the Au thority as herein set out, including but without limitation, the use of monies derived from such tax levy to meet debt service require ments for any bonds issued by the Authority, and the City and the
Authority are authorized to enter into contracts pertaining to same in accordance herewith and as authorized by Article VII, Section VI, Paragraph I of the Constitution.
"E. The property obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of the City of Blue Ridge. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property pur chased by the Authority or for use by the Authority.
"F. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds, debentures and revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority; such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the laws of Georgia, as though such bonds had originally been authorized to be issued under the Revenue Bond Law of 1937 (Ga. Laws 1937, p. 761), as amended. The judgment of validation shall be final, con clusive and forever incontestable as to the validity of the bonds and the security for the payment thereof, as well as all other matters, both substantive and procedural, relative to their issuance, and any property, real or personal, of the Authority may be pledged, mort gaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority.
"G. The Authority shall not be empowered or authorized in any manner to create any debt, liability or obligation against the State of Georgia, County of Fannin or City of Blue Ridge, Georgia.
"H. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Blue Ridge, Georgia, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said pro perty at that time.
"I. This amendment, being for the purpose of developing and promoting the public good and the welfare of the City of Blue Ridge.
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2145
Georgia, and its inhabitants, shall be liberally construed to effect the purposes hereof.
"J. The provisions of this amendment are severable, and if any of its provisions shall be held unconstitutional by any court of com petent jurisdiction, the decision of such court shall not affect or im pair any of the remaining provisions.
"K. Any project of the Authority shall be restricted to or with in the city limits of Blue Ridge, Georgia.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the City of Blue Ridge 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 and the first members of the Authority shall take office within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the City of Blue Ridge Industrial Development Authority;
NO ( ) to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this
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State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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 Battle Bennett 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 Carnes Gates Cheeks Clarke Cole Colwell Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dillon
Dixon Dodson Dorminy Douglas Edwards Egan Fallin Parrar Ployd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hadaway Hall Harris, J. F. Harris, J. R. Harrison Higginbotham Hill Hood Howard Howell Hutchinson Jenkins 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 Magoon Malone Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken McDaniell Melton Miller Mixon Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Nimmer Oglesby Otwell Palmer Parker, H. W. Parrish Phillips Poss Potts Ragland
Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Shields Shuman Simmons Sims
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2147
Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnss Steis Sweat Thompson, R. Threadgill Townsend Tucker Turner Tye
Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bowen Caldwell Cato Chandler Collins, J. F. Collins, M. Conner Cooper, B. DeLong Dickinson Dollar Doster Farmer Fleming Gunter Hale
Hamilton Hargrett Harrington Harris, R. W. Henderson Holder Johnson, B. Jones, C. M. Jordan, W. H. Laite Land Levitas Mauldin Merritt Mo ate Moreland Murphy
Northcutt Odom Pafford Paris Parker, C. A. Peterson Pickard Russell Sherman Stalnaker Sullivan Thompson, A. W. Wamble Wells Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
The following Resolutions of the House and Senate were read and adopted:
HR 506. By Mrs. Merritt of the 68th:
A RESOLUTION
Urging the Commissioner of Agriculture to promulgate rules and regulations relating to the packaging of frozen chickens in Georgia; and for other purposes.
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WHEREAS, it has come to the attention of the members of this body that frozen chickens are being packaged in Georgia with the livers and gizzards enclosed inside the bodies of said chickens; and
WHEREAS, it is necessary for Georgia housewives to allow said chickens to completely thaw before said livers and gizzards are accessible, thus causing great inconvenience to said housewives and their families; and
WHEREAS, the poultry producing industry is of major importance to our State, and any practice which might reduce the sale of Georgia chickens should be strictly avoided.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge Honorable Phil Campbell, Commissioner of Agriculture, to promulgate rules and regula tions to require that livers and gizzards be separately packaged outside the bodies of chickens produced in this State which are packaged to be sold as frozen chickens.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit appropriate copies of this resolution to Honorable Phil Campbell, Commissioner of Agriculture, and to Honorable Abit Massey, Executive Secretary, Geor gia Poultry Federation.
HR 655. By Messrs. Rush of the 75th, Rainey of the 69th, Harrison of the 98th and others:
A RESOLUTION
Creating the House Shad Fish Study Committee; and for other pur poses.
WHEREAS, the problem relative to shad fish is becoming in creasingly complex; and
WHEREAS, said fish are a potential source of increased revenue to the economy of this State; and
WHEREAS, the members of this body are in need of information in order that they might intelligently make provisions for the conserva tion and propagation of shad fish.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Shad Fish Study Committee to be composed of six members of the House to be appointed by the Speaker of the House. The Committee shall study all aspects of the shad fish problem, particularly all the laws, rules and regulations related thereto in order to propose legislation to remedy the problems
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2149
relating to shad fish. The Committee is authorized to consult with per sons and organizations knowledgeable in the shad fish field. The mem bers of the Committee shall receive the allowances authorized for mem bers of interim legislative committees; provided, however, that the Committee shall be authorized to meet no more than ten days unless the approval of the Speaker is obtained. The Committee shall make a report of its findings and recommendations to the General Assembly on or before December 30, 1968, and when such report is made, the Committee shall stand abolished. The funds necessary to accomplish the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.
HR 702. By Mr. Games of the 129th:
A RESOLUTION
Creating a Metropolitan Tax Study Commission; and for other pur poses.
WHEREAS, the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, which compose the metropolitan area of Atlanta, are exper iencing financial difficulties in keeping pace with the rapid growth of the metropolitan area; and
WHEREAS, the services demanded by the citizens are costly; and
WHEREAS, the revenue being derived by the counties composing the metropolitan area is inadequate to meet the many demands of the citizens; and
WHEREAS, the tax base of the metropolitan counties needs to be expanded to authorize the governing authorities thereof to levy addi tional taxes to provide essential services to the citizens of the metropoli tan area.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Metropolitan Tax Study Commission to be composed of two members of the House of Representatives from Fulton County, two members of the House of Representatives from DeKalb County, two members of the House of Representatives from Cobb County, one member of the House of Rep resentatives from Clayton County, and one member of the House of Representatives from Gwinnett County. All members of the Commission shall be appointed by the Speaker of the House of Representatives. The Commission shall be authorized to study all matters relative to taxation The Commission 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 ac complish the objectives and purposes of this Resolution. The members of the Commission shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same
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for no more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or avail able to the legislative branch of the government. The Commission shall make a report of its findings and recommendations to the 1969 Session of the General Assembly at which time the Commission shall stand abolished.
HR 704. By Mr. Hill of the 121st:
A RESOLUTION
Creating an interim committee to study the feasibility of establish ing a Metropolitan Airport Council in certain areas; and for other pur poses.
WHEREAS, airport planning in large metropolitan areas should be projected for at least ten years in advance of the actual require ments for airport facilities; and
WHEREAS, the purpose of a Metropolitan Airport Council will be to plan, promote and operate airports.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the feasibility of establishing a Metropolitan Airport Council in any county or municipality having a population of more than 500,000 ac cording to the United States Decennial Census of 1960. The committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Com mittee shall be authorized to study all matters relating to the establish ment of a Metropolitan Airport Council. 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 neces sary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than twenty (20) days. The funds neces sary to carry out the provisions of this Resolution shall come from funds appropriated to or available to the legislative branch of the 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 1969 session of the General Assembly of Georgia.
HR 705. By Messrs. Harris of the 85th and Levitas of the 118th:
A RESOLUTION
Creating a committee to study the laws relating to the profit and nonprofit corporations in the State of Georgia; and for other purposes.
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2151
WHEREAS, as a result of studies conducted by the University of Georgia School of Law in cooperation with a special advisory committee of the Section of Corporate and Banking Laws of the State Bar of Geor gia, two bills have been introduced at the 1968 Session of the General Assembly of Georgia proposing separate Acts for profit and nonprofit corporations; and
WHEREAS, these bills when passed will affect most corporations in the State of Georgia and should therefore be given serious considera tion and study by the legislature during the period which has been re served for study by the terms of said bills (the effective date of each bill being postponed until after the 1969 Session of the General As sembly) .
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee com posed of 5 members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall con tinue the study on the laws relating to profit and nonprofit corporations in the State of Georgia. The committee is authorized to make such studies both within and without the State of Georgia. The committee is authorized to hold hearings and study all matters relative to profit and nonprofit corporations. The committee is authorized to employ persons who are skilled in legislative drafting and who are experts in the field of corporation law. The committee is further authorized to employ such clerical aides as may be necessary to assist the committee in their study. The committee may do any 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. The members of the committee shall receive the allowances authorized by law for members of interim legis lative committees. The funds necessary to carry out the purposes of this. Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report to the 1969 Session of the General Assembly of its findings at which
time it shall stand abolished.
HR 706. By Messrs. Wilson of the 102nd, McDaniell of the 101st, Cooper of the 103rd and others:
A RESOLUTION
Urging the consolidation and combination into one authority of the City of Marietta Hospital Authority and the Cobb County Hospital Au thority; and for other purposes.
WHEREAS, at the present time, there are two independent hospital authorities operating within the confines of Cobb County, namely: the City of Marietta Hospital Authority and the Cobb County Hospital Au thority; and
WHEREAS, it is an extremely expensive proposition for the citizens of any one community to maintain an adequate hospital facility at public expense without the necessity of supporting two such facilities; and
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WHEREAS, in the name of efficiency there should be combined within one authority the present hospital facilities being operated by the City of Marietta Hospital Authority and the Cobb County Hospital Au thority; and
WHEREAS, if this consolidation were effected expensive duplica tions would be avoided as well as the alleviation of extreme difficulties in providing adequate staff and equipment for such hospital facilities; and
WHEREAS, if there is but one hospital authority within Cobb County, the possibilities of receiving State and Federal aid will be vastly multiplied; and
WHEREAS, the interests of all of the citizens of Cobb County would best be served if there were but one hospital authority.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this body does hereby urge upon the City of Marietta Hospital Authority and the Cobb County Hospital Authority and upon the governing authorities of the City of Marietta and Cobb County that there be combined and consolidated within one authority the functions and facilities presently being operated by the two hospital authorities within Cobb County.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives and the Secretary of the Senate are hereby authorized and instructed to transmit appropriate copies of this Resolution to the City of Marietta Hospital Authority, the Cobb County Hospital Authority and the governing authorities of the City of Marietta and Cobb County.
HR 741. By Mr. Edwards of the 67th:
A RESOLUTION
Commending Mrs. Zack McCorkle; and for other purposes.
WHEREAS, Mrs. Zack McCorkle of Butler, Georgia, won eight first place honors at the Chattahoochee Valley Fair for her excellent cakes; and
WHEREAS, Mrs. McCorkle entered fifteen cakes at said Fair, win ning eight first place honors and three second place honors; and
WHEREAS, Mrs. McCorkle is a native of Taylor County, a grand mother and is well known and highly respected by the citizens of her community; and
WHEREAS, Mrs. McCorkle should be commended for her outstand ing ability and for demonstrating Southern cooking at its best.
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2153
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mrs. Zack McCorkle of Butler, Georgia, for winning eight first place honors at the Chattahoochee Valley Fair.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit an appropriate copy of this resolution to Mrs. Zack McCorkle.
HR 742. By Mr. Mixon of the 81st:
A RESOLUTION
Commemorating the 150th Anniversary of the establishment of Irwin County; and for other purposes.
WHEREAS, 1968 marks the 150th Anniversary of the founding of Irwin County; and
WHEREAS, Irwin County originally embraced territory which now comprises the counties of Worth, Wilcox, Turner, Ben Hill, Tift, Colquitt, Thomas, Cook, Brooks, Berrien, Lowndes, Echols, Clinch, Lanier, Atkinson, Coffee, Ware, Charlton, Jeff Davis, Bacon, Pierce and Brantley Counties; and
WHEREAS, originally Irwin County was founded and organized by the General Assembly in 1818 after a final treaty was negotiated with the Creek Indian nation, which treaty was the last of a series of treaties which settled the disputed claims to a vast section of the State of Georgia out of which Irwin, Early and Appling Counties were founded; and
WHEREAS, the lower half of this land was once held by Spain as a part of Florida and was not included in the original royal grant given to General Oglethorpe and the trustees of Georgia by King George; and
WHEREAS, an important treaty with the Creek Indians followed the War of 1812 when General Andrew Jackson defeated the Creek Indians in the summer of 1814 at the Battle of the Tallapoosa River and as a reprisal forced the Creek Indians to cede this territory to the United States; and
WHEREAS, Irwin County is named for an early governor of Geor gia, Jarried Irwin, the distinguished legislator and early settler of this State; and
WHEREAS, when Irwin County was originally founded, the early settlers found this vast territory to be one of beautifully uninterrupted stretches of primeval pine forest; and
WHEREAS, Irwin County has contributed many famous sons to the political, economic and religious life of this State and is steeped in significant historical tradition; and
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WHEREAS, the final chapter of the War Between the States was written in Irwin County when the President of the Confederacy, Jeffer son Davis, was captured in Irwin County near Irwinville during the early morning hours of May 10, 1865, said location now being a State park; and
WHEREAS, it is only befitting and proper that this body recognize on this memorable occasion the 150th Anniversary of one of the original counties comprising a part of this magnificent State; and
WHEREAS, the Irwin County Jaycees have a splendid program planned to commemorate this historic and festive occasion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this body does hereby recognize with pride the 150th Anniversary of the founding of Irwin County, and does hereby recognize the many accomplishments and contributions which have been made to the State of Georgia by the distinguished and able sons of Irwin County since the date of its founding 150 years ago.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Irwin County Jaycees.
HR 743. By Mr. Rainey of the 69th:
A RESOLUTION
Expressing regrets at the passing of Honorable Louis H. Gilbert; and for other purposes.
WHEREAS, Honorable Louis H. Gilbert recently passed away; and
WHEREAS, he was a resident of Cordele, Georgia, for the past nineteen years and was one of that City's most outstanding citizens; and
WHEREAS, he was a career employee of the State Labor Depart ment and served in that capacity with ability and dedication; and
WHEREAS, he was an outstanding member of the Cordele Lions Club for many years and was completely dedicated to the principles of Lionism; and
WHEREAS, he held many important offices in the Cordele Lions Club including President and Associate Secretary; and
WHEREAS, on the District level of the Lions Club, he served as Zone Chairman, Deputy District Governor and District Governor of District 18-C; and
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WHEREAS, he was a dedicated Christian and served on the Board of Stewards in the First Methodist Church of Cordele; and
WHEREAS, he was held in the highest regard by the people of his community and his passing comes as a great loss to all those who knew him.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets at the passing of Honorable Louis H. Gilbert and further ex presses its sincerest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives it hereby authorized and directed to transmit an ap propriate copy of this Resolution to the family of Honorable Louis H. Gilbert.
HR 744. By Messrs. Land of the 53rd, Edwards of the 57th, Roach of the 15th and many others:
A RESOLUTION
Commending and thanking the young ladies of Southern Bell Tele phone and Telegraph Company who managed the telephone center for the House of Representatives; and for other purposes.
WHEREAS, the young ladies in attendance at the telephone switch board have greatly aided the members of this House in placing and receiving their telephone calls during this session; and
WHEREAS, these young ladies, Miss Josephine Susong, Mrs. Maxine Lawson, Mrs. Pat Waterhouse and Miss Sharon Hinton, have cheerfully given their services through the facilities of the well-planned telephone center which has been provided by the Southern Bell Telephone and Telegraph Company.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby commend and extend their warmest thanks to the above named young ladies for their prompt, efficient and untiring efforts in providing the members of this body with this most helpful service and convenience.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to Southern Bell Telephone and Telegraph Company and one each to the young ladies named in this resolution as a token of apprecia tion of this House.
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HR 745. By Mr. Jones of the 112th:
A RESOLUTION
Commending Miss Virginia Anne Mann; and for other purposes.
WHEREAS, Miss Virginia Anne Mann is a ninth grade student at Hardaway High School in Columbus, Georgia; and
WHEREAS, Miss Virginia Anne Mann has recently won the sweepstakes in both the research paper and the Science Pair Project for the Third District of Georgia Science Fair, High School Division; and
WHEREAS, Miss Virginia Anne Mann had the two previous years been the Third District winner of the Science Fair Project for the Third District of Georgia and last year won first place in the entire State in the Biological Division of the Science Fair of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF Representatives that this body does hereby commend and congratulate Miss Virginia Anne Mann for her outstanding accomplishments in the field of science.
BE IT FURTHER RESOLVED that it is only proper that this Resolution be passed by the House of Representatives while Miss Virginia Anne Mann is present and serving as a page to the House of Representatives.
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 Miss Virginia Anne Mann, to her parents, Mr. and Mrs. William Mann, and to Hardaway High School.
HR 746. By Messrs. Tye of the 115th, Jones of the 76th, Battle of the 116th and many others:
A RESOLUTION
Expressing appreciation to the Roebling family; and for other purposes.
WHEREAS, the State of Georgia has entered the era of ocean sciences through its Ocean Science Center of the Atlantic; and
WHEREAS, this program will be reflected in greater education al, scientific and economic opportunities not only for our citizens of today but for generations of future Georgians; and
WHEREAS, a strategic Georgia coastal location was essential in the creation of the Ocean Science Center of the Atlantic; and
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WHEREAS, the gift of the Roebling family of Savannah of their homesite, historic "Modena Plantation" on Skidaway Island, ideally helped to fulfill this requirement; and
WHEREAS, the Roebling- family of Savannah also conveyed the improvements on the land, in addition to vehicles, utilities, marine facilities and equipment, all of which are of great value to the ocean Science Center of the Atlantic.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body express, and hereby does express the gratitude of the members of this Chamber, and through them the deep appreciation and the thanks of the people of this State to the Roebling family of Savannah for their enduring contribution to the progress and advancement of 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 the Roebling family.
HR 747. By Mr. Jones of the 112th:
A RESOLUTION
Commending Helen Rebekah (Becky) Mann; and for other pur poses.
WHEREAS, Helen Rebekah (Becky) Mann is a fifth grade stu dent at Clubview School; and
WHEREAS, Helen Rebekah (Becky) Mann won first place in the Elementary School Division of the Third District Georgia Science Fair.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Miss Helen Rebekah (Becky) Mann for her outstanding ac complishments in the field of science.
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 Miss Helen Rebekah (Becky) Mann, to her parents, Mr. and Mrs. William Mann, and to Clubview School.
HR 748. By Mr. Palmer of the 117th:
A RESOLUTION
Complimenting the DeKalb Patriots; and for other purposes.
WHEREAS, the DeKalb Patriots, the sparkling basketball team of DeKalb College, recently completed their second season of existence with a very impressive record; and
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WHEREAS, the Patriots won the Northern Division title of the Georgia Junior College Conference with a 9-1 Conference record, and the team ended its season with a 23-5 record against all opponents; and
WHEREAS, the Patriots moved into the semi-finals of the Geor gia Junior College State playoffs on Thursday, February 22, when the team turned back a determined Abraham Baldwin quintet by a score of 89-83; and
WHEREAS, the Patriots won the State Junior College basketball champhionship with a decisive 91-65 victory over Young Harris on Sat urday, February 24; and
WHEREAS, during the 1967 season, the first season of the team's existence, the Patriots compiled a 14-11 record against all opponents; and
WHEREAS, the following members of the Patriots have played the sport of basketball in a manner in which great athletes play: Rankin Thomas, Ralph Nunn, Mike Freeman, Juan Citarella, Jack Mau, Ken Harper, John Martin, Seth Bush, Oscar Moseley, Butch Webster, Bernard DuBose, Bob Duncan and Doug Laird; and
WHEREAS, the fabulous Butch Webster, leading- the Junior Col lege Conference with a 25.7 point average, scored fifty-one points against Truett-McConnell on Monday, February 5, when the Patriots won the game by a score of 101-77; and
WHEREAS, the aforesaid Butch Webster has consistently shot in the 30's and 40's throughout the basketball season; and
WHEREAS, the Patriots have broken the one hundred point barrier on two occasions: initially against Georgia Military College by a score of 106-78, and later against Truett-McConnell, as aforementioned; and
WHEREAS, the team achieved its marvelous record due to the inspired and capable leadership of its Head Coach, Bill Travis, and its Assistant Coach, John Hall; and
WHEREAS, the team's performance is but a reflection of the attitude and ability of the President of DeKalb College, James H. Hinson, Jr., a man who has contributed greatly to the fabulous rise of DeKalb College.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body extends its heartiest congratula tions to the DeKalb Patriots, the coaches and the school's President for outstanding play and sportsmanship on the basketball court, and for leadership outside the field of basketball. In particular this Body con gratulates James H. Hinson, Jr., President of DeKalb College; Bill Travis, Head Coach; John Hall, Assistant Coach; and Butch Webster, Rankin Thomas, Ralph Nunn, Mike Freeman, Juan Citarella, Jack
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Mau, Ken Harper, John Martin, Seth Bush, Oscar Moseley, Bernard DuBose, Bob Duncan and Doug Laird and the other members of the basketball team of DeKalb College.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to James H. Hinson, Jr., President of DeKalb College; Bill Travis, Head Coach; John Hall, Assistant Coach; and Butch Webster, Rankin Thomas, Ralph Nunn, Mike Freeman, Juan Citarella, Jack Mau, Ken Harper, John Martin, Seth Bush, Oscar Moseley, Bernard DuBose, Bob Duncan and Doug Laird, members of the basketball team of DeKalb College.
HR 749. By Messrs. Lewis of the 50th, Wood of the 16th and Ware of the 42nd:
A RESOLUTION
Commending the men of the Georgia Air National Guard; and for other purposes.
WHEREAS, the men of the Georgia Air National Guard have con tributed mightily to the war effort in Viet Nam, but with little public acclaim or fanfare; and
WHEREAS, Sixty-two per cent of the Georgia Air National Guard C-97 and C-121 air crews have flown cargo and passenger aircraft mis sions into the Viet Nam war zone since January, 1967; and
WHEREAS, due to the excellence of spirit and ability, the Geor gia Air National Guard's 116th Military Aircraft Group became the first Air Guard unit in the nation to receive the massive C-124 Douglas Globemaster aircraft (known as the "Aluminum Cloud") for operational use; and
WHEREAS, the members of the Georgia Air National Guard have received high praise and sincere thanks from servicemen in Viet Nam for outstanding and meritorious service in delivering needed supplies for carrying on the war effort; and
WHEREAS, the men of the Georgia Air National Guard have not rendered their outstanding services for glory or profit for there is little glory or profit around; and
WHEREAS, whatever drives the men of the Georgia Air National Guard, it is a considerable thing they are doing, working for a cause without universal support, and working toward a result obscured in the mist of the future; and
WHEREAS, the men of the Georgia Air National Guard are due a healthy measure of respect from those of us who are not covered with mud and overcome with weariness and fear of the enemy's bullet; and
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WHEREAS, the high morale and spirit of the men of the Georgia Air National Guard is due to the outstanding leadership of Major Gen eral George J. Hearn, Adjutant General; and to the outstanding ability of Brigadier General Paul S. Stone, Assistant Adjutant General of Geor gia for Air.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby commends the men of the Georgia Air National Guard for their magnificent contribution to the cause of their country and for rendering services which are above and beyond any man's call of duty.
BE IT FURTHER RESOLVED that this body commends Major General George J. Hearn and Brigadier General Paul S. Stone for dedicated and fearless leadership.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Head quarters of the Georgia Air National Guard, to Major General George J. Hearn and to Brigadier General Paul S. Stone.
HR 750. By Mr. Edwards of the 57th:
A RESOLUTION
Commending Miss Polly Miller; and for other purposes.
WHEREAS, Miss Polly Miller, the lovely daughter of Mr. and Mrs. Thomas Miller of Buena Vista, Georgia, has contributed her excellent talents to forwarding the goals of the Southwest District 4-H Council; and
WHEREAS, the affable and intelligent Miss Polly Miller is South west District Reporter for the 4-H Group, and has attended many meet ings held for officers of the six extension districts of the 4-H Group in Georgia, in order to bring unity and outstanding leadership to the organization; and
WHEREAS, Miss Polly Miller has contributed six years of her life to 4-H activities in Marion County, and she has held four offices in her local club and two offices in the County 4-H Council; and
WHEREAS, her major 4-H projects include: food and nutrition, food preservation, leadership and recreation; and
WHEREAS, in addition to her intellectual abilities and beauty, Miss Polly Miller is recognized as having the quality to lead people of her own age, and to lead them toward high and good goals, and to have used her talents and abilities only for worthwhile projects.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Miss Polly
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2161
Miller for providing excellent and extremely worthwhile leadership to her classmates and the young people of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Miss Polly Miller, Buena Vista, Georgia.
HR 751. By Messrs. Maxwell of the 106th, Sherman of the 105th and Cheeks of the 104th:
A RESOLUTION
Expressing regrets at the death of William A. "Bubba" Elliott; and for other purposes.
WHEREAS, on February 25th, William A. "Bubba" Elliott, a Deputy Sheriff of Richmond County, was killed in a tragic automobile accident in the line of duty while answering an emergency call; and
WHEREAS, for many years "Bubba" Elliott was a revered and respected law enforcement officer of Richmond County, devoting many long hours to the protection of the life, limb and property of the citizens of Richmond County; and
WHEREAS, this dedicated law enforcement officer, an outstand ing citizen of Richmond County, will be sorely missed through the un timely passing of this outstanding citizen of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its sincerest and deepest sympathy to the members of the family of Deputy Sheriff William A. "Bubba" Elliott, as well as to his many friends and acquain tances, upon his untimely and tragic death.
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 immediate family of William A. "Bubba" Elliott.
HR 752. By Messrs. Richardson of the 116th; Smith of the 44th and Caldwell of the 51st:
A RESOLUTION
Expressing regrets at the passing of Mr. Charles R. Gwyn, Sr., and for other purposes.
WHEREAS, Mr. Charles R. Gwyn, founder of the Bank of Zebulon, a former Mayor of Zebulon and a State Senator from Pike County in 1947, passed away recently at the age of ninety-three; and
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JOURNAL OP THE HOUSE,
WHEREAS, Mr. Gwyn was retired President and Chairman Em eritus of the Board of Directors of the Bank of Zebulon which he organ ized in 1902 and also was a former President of the Middle Georgia Mutual Insurance Company of Griffin; and
WHEREAS, he was a former Chairman of the Pike County Board of Education and a former Trustee of the Barnesville A and M School, now Gordon Military College; and
WHEREAS, Mr. Gwyn attended Georgia Tech and was graduated from Emory College in 1897, after which he practiced law in Zebulon prior to founding the Bank of Zebulon; and
WHEREAS, he was a Mason, a member of the Alpha Tau Omega Fraternity, the Knights of Pythias, the Pike County Lions Club and the Zebulon Baptist Church; and
WHEREAS, his passing is a great loss to his community and his State; and
WHEREAS, he is survived by two sons; Charles R. Gwyn, Jr., of Zebulon, and W. F. Gwyn of Atlanta; and a daughter, Mrs. W. D. Hart ford of Martinsville, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby ex press their sincerest regrets at the passing of Mr. Charles R. Gwyn, Sr., and extend their deepest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of Mr. Gwyn.
HR 753. By Messrs. Berry of the 113th, Battle of the 116th, Tye of the 115th and others:
A RESOLUTION
Commending and congratulating the Benevolent and Protective Order of Elks; and for other purposes.
WHEREAS, 100 years ago on February 16, 1868, the Benevolent and Protective Order of Elks was formed by Charles A. S. Vivian and a group of men associated with the Theater; and
WHEREAS, as declared in its constitution, the Order was formed to practice the four cardinal virtues of Charity, Justice, Brotherly Love and Fidelity; to promote the welfare and enhance the happiness of its membership; to quicken the spirit of American patriotism and to cultivate good fellowship.
WEDNESDAY, FEBRUARY 28, 1968
2163
WHEREAS, in the 100 years since its founding, the membership of the organization has mushroomed and in 1967 totaled 1,417, 435 mem bers in 2091 lodges scattered throughout the 50 states, the Canal Zone, Guam, the Philippines and Puerto Rico; and
WHEREAS, the one major change in the Order since its founding has been a shift to the dispensation of Charity to others rather than only members; and
WHEREAS, more than 10 million dollars is spent annually by the Order on charitable works, primarily in the field of health; and
WHEREAS, more than 205 million dollars has been distributed by the Order since 1880; and
WHEREAS, the Elks National Foundation, sometimes referred to within the Order as the "Great Heart of Elkdom", spends some $600,000 annually on philanthropies, including a scholarship program for needy college students and a training program in cerebral palsy therapy; and
WHEREAS, the Georgia Elks are nationally famous for the con tributions and support they have rendered to the Elks Aidmore Crip pled Children's Hospital on the Emory University campus in Atlanta; and
WHEREAS, Grand Exalted Ruler, Robert E. Boney said in honor ing the Benevolent and protective Order of Elks Centennial "we shall manifest our unity, today as a century ago, in good fellowship, our fide lity to the principles of Charity, Justice and Brotherly Love our un wavering commitment to the democratic ideals of one nation, under God."; and
WHEREAS, it is the desire of the members of this body to recognize the Benevolent and Protective Order of Elks of the U. S. A. on its cen tennial.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body does hereby commend and congratulate the Benevolent and Protective Order of Elks of the U. S. A. on its centen nial and for the contributions the Order has made to promote the health and welfare of its members and others, particularly physically handi capped children.
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 Robert E. Boney, Grand Exalted Ruler of the Benevolent and Proctective Order of Elks of the U. S. A. and to each lodge within the State of Georgia.
HR 754. By Messrs. Cole of the 3rd, Anderson of the 71st, Wilson of the 102nd and others:
2164
JOUENAL OP THE HOUSE,
A RESOLUTION
Wishing a speedy recovery to Honorable G. Robert (Tiger) Howard; and for other purposes.
WHEREAS, Honorable G. Robert (Tig-er) Howard, a member of this body, is ill; and
WHEREAS, he is the legal advisor to the members in the "left back corner" of the House of Representatives and his advice is sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that best wishes for a speedy recovery are here by extended to Honorable G. Robert (Tiger) Howard.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to Honorable G. Robert (Tiger) Howard.
HR 755. By Mr. Roach of the 15th:
A RESOLUTION
Congratulating Superior Court Judge and Mrs. Marion T. Pope, Jr., for the birth of their first child; and for other purposes.
WHEREAS, Marion Pope, Jr., Superior Court Judge of the Blue Ridge Judicial Circuit, became a father for the first time, on February 15, 1968, when his lovely wife presented him with an 8 1/2 Ib. son, Marion T. Pope, III; and
WHEREAS, Marion T. Pope, Jr., recently celebrated his 40th birthday; and
WHEREAS, it appears that life really does begin at 40; and
WHEREAS, the members of this Body share with Judge and Mrs. Marion T. Pope, Jr., their happiness in this wonderful event.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body extends its sincerest congratula tions to Judge and Mrs. Marion T. Pope, Jr., on this momentous ocassion, and the members of this House express their most heartfelt wishes for a long and happy parenthood for this most devoted and deserving couple.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Judge and Mrs. Marion T. Pope, Jr., Canton, Georgia.
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HR 756. By Mr. Richardson of the 116th:
A RESOLUTION
Expressing reprets at the passing of Mrs. Mary Pindar Leigh; and for other purposes.
WHEREAS, Mrs. Mary Pindar Leigh, one of Georgia's leading portraitists and an outstanding Savannah artist, passed away on Feb ruary 14, 1968; and
WHEREAS, during a long illness, she refused to give up her work and painted her last pictures from her sickbed, determined to complete them despite her illness; and
WHEREAS, she attended Savannah schools and graduated from Savannah High School in 1943 as "Miss Savannah High"; and
WHEREAS, while attending the University of Georgia, she was a member of the Phi Mu Sorority and the Freshman Women's Honorary Society; and
WHEREAS, she was a member of the Savannah Debutante Club, a sustaining member of the Junior League of Savannah, the Mary Maclean Circle and a communicant of Christ Episcopal Church; and
WHEREAS, she gave of her many and varied talents and worked with the Junior Girl's group at Christ Church and served as a volunteer fashion model; and
WHEREAS, her passing is a great loss to her community and her State; and
WHEREAS, she is survived by her husband, Beverly Leigh; a son, John David Leigh II; a daughter, Julie Montgomery Leigh; and her parents, Mr. and Mrs. Norris T. Pindar, Jr.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby ex press their sincerest regrets at the passing of Mrs. Mary Pindar Leigh, and extend their deepest sympathy to the members of her family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Reesolution to the family of Mrs. Leigh.
HR 757. By Messrs. Fallin and Matthews of the 94th:
A RESOLUTION
Commending Robert Samuel Roddenbery, Sr.; and for other pur poses.
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JOURNAL OF THE HOUSE,
WHEREAS, Robert Samuel Roddenbery, Sr., will be celebrating his 100th birthday on April 5, 1968; and
WHEREAS, Robert Samuel Roddenbery, Sr., was born at Cairo, Georgia, April 5, 1868, the fourth of 10 children of Dr. Seaborn Anderson Roddenbery (1836-1896) and Martha America Braswell (1837-1915). His grandfathers Robert Roddenbery (1805-1877) and Samuel Braswell (1795-1864) were pioneer settlers and prominent citizens of Thomas County, locating there in 1826. Robert Samuel Roddenbery and Vicey Anderson, daughter of Joseph Anderson, were married in Thomasville, Georgia, November 22, 1827; and
WHEREAS, after receiving all the public school instruction avail able in Cairo, Robert Samuel Roddenbery was sent to a college prepara tory school in Dalton, Georgia, and in the fall of 1885 he matriculated in the Sophomore class at Mercer University, Macon, Georgia, and there (in 1885) was initiated into the Alpha Tau Omega college frater nity. That was over 82 years ago and, since 1964, he has been the oldest living member anywhere of that social fraternity. And he is the oldest living Mercer alumnus. After completing the Junior class studies at Mercer in 1887, he entered the University of Kentucky and graduated in its commercial college; and
WHEREAS, the oldest Mason in Georgia, both in age and length of membership, Robert Samuel Roddenbery was raised a Master Mason in Cairo Lodge No. 299 on June 28, 1985, and he transferred to Moultrie Lodge No. 381 on February 24, 1911, and is still active therein; and
WHEREAS, Robert Samuel Roddenbery moved from Cairo to Moultrie, Georgia, in October 1910 and immediately transferred his church membership to the First Baptist Church; and he promptly joined the Moultrie Chamber of Commerce which was incorporated in that year. He has ever since played a leading role in the religious, civic and cultural life of the community. When the Moultrie Kiwanis Club was organized in 1922 he was one of its charter members and is now the oldest living Kiwanian in Georgia and perhaps the oldest active member anywhere; and
WHEREAS, he was Secretary-Manager of Moultrie Chamber of Commerce from 1934 to 1940. Then, at the age of 72 he organized the Moultrie Hospital Service Association, and was its Executive Director until 1958, when he retired from business at the age of 90. Hospital in surance provided through this non-profit Association has through the years been a main source of revenue for Vereen Memorial Hospital; and
WHEREAS, never himself a candidate for public office, Robert Samuel Roddenbery has always been keenly interested and active in local, state and national politics, freely voicing his political opinions and never failing to exercise his voting franchise; and
WHEREAS, for 92 years, since the age of 8, Robert Roddenbery has regularly attended Sunday School and church services. He was baptized and joined the Cairo Baptist Church in 1884, at the age of 16. He was ordained a Deacon in 1902 and has been active and prominent
WEDNESDAY, FEBRUARY 28, 1968
2167
in Baptist churches ever since. His life has been an enviable model in Christian living. He has taught various Sunday School classes more than 40 years and was teacher of adult Bible classes in Moultrie for over 25 years. Now a member of Trinity Baptist Church in Moultrie, he rarely misses a Sunday in attending Sunday School and church serv ices. He is one of the five living persons who organized the Colquitt County Baptist Association in October 1911, which Association now comprises 41 Baptist churches; and
WHEREAS, Mr. Roddenbery has never had a serious illness or in jury, never been a hospital patient in his life, and still enjoys marvelously good health, being mentally alert and physically active. He yet walks to town and around town unaccompanied and unaided almost every day. His eyesight is remarkable and he reads newsprint without glasses. Through newspapers, magazines and television he keeps thoroughly informed and abreast of the times locally, nationally and worldwide.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body commends Robert Samuel Roddenbery on his accomplishments during his long and useful life.
BE IT FURTHER RESOLVED that this Body sincerely wishes that Robert Samuel Roddenbery's 100th Birthday is the happiest of his life, and that he will have many, many happy returns.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Robert Samuel Roddenbery, Sr., Moultrie, Georgia.
HR 758. By Messrs. Lane of the 64th, Parker of the 55th, Barber of the 24th and others:
A RESOLUTION
Conferring upon Honorable Thomas T. Irvin the title of "Doctor of Education"; and for other purposes.
WHEREAS, Honorable Thomas T. Irvin now serves as Executive Secretary to the Governor of Georgia; and
WHEREAS, he was an able and respected member of the House of Representatives for many years, having been elected in 1956 and reelected four times since then; and
WHEREAS, he served as Assistant Administration Floor Leader during 1966 and 1967; and
WHEREAS, he has always had a keen interest in educational mat ters and has dedicated himself to improving public education in our State; and
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JOURNAL OP THE HOUSE,
WHEREAS, he served on the Education Committee of the House of Representatives for several years; and
WHEREAS, he is presently a member of the Georgia Education improvement Council; and
WHEREAS, he is the President of the School Board Association of Georgia; and
WHEREAS, he has been a member of the Board of Education of Habersham County for thirteen years.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby confer upon Honor able Thomas T. Irvin the title of "Doctor of Education".
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable Thomas T. Irvin.
HR 759. By Messrs. Northcutt, Lee and Gary of the 35th:
A RESOLUTION
Wishing The Honorable Ray M. Tucker a speedy recovery; and for other purposes.
WHEREAS, The Honorable Ray M. Tucker, the affable Repre sentative from Henry County, has been noticeably absent from his seat in the House due to an illness which he contracted early in the Session; and
WHEREAS, The Honorable Ray M. Tucker has served his con stituents well since 1963, and he has contributed his excellent talents toward the enacting of many good laws; and
WHEREAS, the members of the House of Representatives would like for The Honorable Ray M. Tucker to get well quickly because his expert counsel and affable good nature are sorely missed by the mem bers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body wish for The Honorable Ray M. Tucker a most speedy recovery and a quick return to the House Chamber.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to The Honorable Ray M. Tucker.
WEDNESDAY, FEBRUARY 28, 1968
2169
HR 760. By Messrs. Matthews of the 29th, Lowrey of the 13th, Jordan of the 78th and many others:
A RESOLUTION
Expressing sympathy at the passing of Honorable Ronald (Ronnie) D. Stephens; and for other purposes.
WHEREAS, Honorable Ronald (Ronnie) D. Stephens recently passed away; and
WHEREAS, he was a pioneer in the development of radio and tele vision as educational methods for informing the people of Georgia of the latest scientific developments in agriculture and homemaking, and he was the first to make available to the farmers throughout the State the market price for farm products; and
WHEREAS, for twenty-five years his friendly voice and ready smile brought cheer into many homes as he appeared, first, on the Dixie Farm and Home hour and, later, as the producer-host for the Growing South educational television program; and
WHEREAS, he worked with Extension Service County Agents and County Home Economists throughout the State in developing radio and television programs which were very informative and educational to all of our people; and
WHEREAS, he earned the respect and admiration of many organ izations, including the American Association of Agricultural College Editors, the National Association of County Agricultural Agents and the Associated Press, which honored him for his many achievements; and
WHEREAS, he was a leader in his Church and Sunday School as well as a leader in many civic and community activities; and
WHEREAS, he had genuine affection for the students of the Un iversity of Georgia and assisted them whenever he had an opportunity; and
WHEREAS, the University of Georgia Cooperative Extension Serv ice has lost the services of one of its most admired and valued staff mem bers; and
WHEREAS, he rendered outstanding services to the people of his community and his passing is a great loss to all of those who knew him.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable Ronald (Ronnie) D. Stephens and sympathy is hereby extended to the members of his family.
B IT FURTHER RESOLVED that the Clerk of the House of Repre sentatives is hereby instructed to transmit a copy of this Resolution to his widow, Mrs. Ronald D. Stephens, to each of his two sons, Mr.
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JOURNAL OF THE HOUSE,
Ronald D. Stephens, Jr. and Rev. B. Wiley Stephens, to the President of the Georgia Farm Bureau Federation, Mr. William L. Lanier, to the Director of the Cooperative Extension Service, Mr. L. W. Eberhardt, to the Commissioner of Agriculture, Mr. Phil Campbell, and to the Presi dent of the University of Georgia, Dr. Fred Davison.
HR 761. By Messrs. Collins of the 88th, Smith of the 54th, Jordan of the 78th and others:
A RESOLUTION
Commending our men in the Armed Forces; and for other pur poses.
WHEREAS, the State of Georgia has many of its finest citizens in the Armed Forces, many of whom are serving in Viet Nam; and
WHEREAS, the members of many families in Georgia are awaiting the return of their husbands, fathers, sons and grandsons; and
WHEREAS, these men and their families have given so unselfishly of themselves; and
WHEREAS, a very small group of people have acted in an ir responsible manner in regard to the war in Viet Nam by making state ments and conducting themselves in such a manner that a question has arisen in the minds of some as to the extent of support at home of our Armed Forces; and
WHEREAS, the publicity given the unshaven, unbathed, self-styled liberals and pseudo-intellectuals and their associates is all out of pro portion to their numbers.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body wishes to commend our men in the Armed Forces for a job well done in their efforts in stopping communism.
BE IT FURTHER RESOLVED that this body is proud of our Armed Forces and wants our servicemen to know that the members of the General Assembly of Georgia, representing all the people of Georgia, support them in every way possible and pray for their safe return home.
HR 762. By Mr. Magoon of the 19th: A RESOLUTION
Commending the Dunlop Company; and for other purposes.
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2171
WHEREAS, there is presently under construction a modern indus trial plant facility in Hart County which early in June will commence producing one of the finest golf balls in the world; and
WHEREAS, this modern plant facility will provide to the citizens of the State of Georgia employment opportunities; and
WHEREAS, it is only befitting and proper that this body re cognize the fine employment opportunities being afforded to the citizens of the State by the location of the Dunlop Company in Hart County; and
WHEREAS, upon completion of this facility, Hart County will be undisputed golf ball center of the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Dunlop Company for locating in the State of Georgia a fine industrial facility which will produce one of the finest products of its kind in the world.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to the President of Dunlop Company.
HR 763. By Mr. Edwards of the 57th:
A RESOLUTION
Commending the Reynolds Kiwanis Club; and for other purposes.
WHEREAS, the Reynolds Kiwanis Club presently has 47 regular members and 3 honorary members, namely, H. R. Russell, Sr., H. C. Bond and George Goddard; and
WHEREAS, the Club is 10 years old and the average attendance is 85%; and
WHEREAS, the Club sponsors many civic projects such as the E. H. Joiner Scholarship Fund, Easter Fund, Taylor County Library Fund and many other worthwhile projects; and
WHEREAS, the Reynolds Kiwanis Club also operates the Rey nolds Golf Course; and
WHEREAS, this Club is one of two Kiwanis clubs in the United States which operates a golf course; and
WHEREAS, the officers of the Club are H. L. (Brer) Russell, Jr., president; Dick Randall, vice-president; Newsom Kirksey, treasurer; and Ronald Smith, Secretary; and
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JOURNAL OF THE HOUSE,
WHEREAS, it is the desire of the members of this body to recognize the members of this outstanding organization for the fine work they are doing in their community.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Reynolds Kiwanis Club for their out standing accomplishments and achievements.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish sufficient copies of this resolution to Honorable Ward Edwards, Representative, 57th District, so that he may personally present a copy thereof to each member of the Reynolds Kiwanis Club.
HR 764. By Mr. Edwards of the 57th:
A RESOLUTION
Commending the Taylor County High School Girls Basketball Team; and for other purposes.
WHEREAS, the Taylor County High School Girls Basketball Team compiled a record of 23 wins and 0 losses during the 1967-68 season; and
WHEREAS, the Team won the Tri-County Tournament in Man chester, Georgia; and
WHEREAS, this is the oldest basketball tournament in the State of Georgia; and
WHEREAS, the members of the Team displayed amazing offensive and defensive talent during the past season; and
WHEREAS, these feats can only be attributed to the spirit, determi nation, drive and sportmanship of these young athletes and Coach "Sandy" Harris; and
WHEREAS, all the citizens of Georgia, and particularly those citi zens residing in Taylor 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 women of the Taylor County High School Girls Basketball Team and Coach "Sandy" Harris 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 furnish sufficient copies of this resolution to Honorable Ward Edwards, Representative,
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2173
57th District, so that he may personally present a copy thereof to each member of the Team and to Coach "Sandy" Harris and Principal Norman Carter.
HR 765. By Mr. Edwards of the 57th:
A RESOLUTION
Commending the Taylor County High School Boys Basketball Team; and for other purposes.
WHEREAS, the Taylor County High School Boys Basketball Team completed a successful season in 1967-68; and
WHEREAS, the Team won the Tri-County Tournament in Man chester, Georgia; and
WHEREAS, this is the oldest basketball tournament in the State of Georgia; and
WHEREAS, the members of the Team displayed amazing offensive and defensive talent during the past season; and
WHEREAS, these feats can only be attributed to the spirit, deter mination, drive and sportsmanship of these young athletes and Coach "Sandy" Harris; and
WHEREAS, all the citizens of Georgia, and particularly those citi zens residing in Taylor 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 Taylor County High School Boys Basketball Team and Coach "Sandy" Harris 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 furnish sufficient copies of this resolution to Honorable Ward Edwards, Representative, 57th District, so that he may personally present a copy thereof to each member of the Team and to Coach "Sandy" Harris and Principal Jim White.
HR 766. By Mr. Edwards of the 57th:
A RESOLUTION
Commending the Butler Volunteer Fire Department for its outstand ing contributions to the City of Butler; and for other purposes.
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JOURNAL OP THE HOUSE,
WHEREAS, the Butler Volunteer Fire Department is composed of twenty-two extremely capable and civic-minded individuals; and
WHEREAS, the Butler Volunteer Fire Department has provided an unestimatable service to the citizens of the City of Butler by saving untold dollars worth of property, and by saving many lives which could have been lost due to uncontrollable fires; and
WHEREAS, in addition to providing excellent and inspired firefighting services, the members of the Butler Volunteer Fire Department have instituted various ingenious fund-raising activities in order to purchase for the Department extra fire-fighting equipment; and
WHEREAS, the Butler Volunteer Fire Department has been awarded the rating of "Class 8" by national insurance underwriters--an extremely good rating for a volunteer fire department--thus enabling the residents of the City of Butler to pay lower insurance rates on their homes; and
WHEREAS, the members of the Butler Volunteer Fire Department have faithfully met for fire drills, training sessions and for seminars on the latest fire-fighting techniques; and
WHEREAS, the Butler Volunteer Fire Department is composed of the following exceptional individuals: Marvin Peed, Chief; Bussey Ham mock, Assistant Chief; George Hammock, Captain; Edward Robinson, Civil Defense Director and volunteer fireman; Lester Peed; Jackie Barnes; Richard Taylor; Wilbur Carroll; Bobby Gene Swain; Bobby Harris; Milford McKenzie; Bobby Parks; Larry Greeson; Roy Bohler; Roger Clark; Tony Stalnaker; James Poole; Floyd Brewer; Dudley Harris; 0. C. Keen; Willie Bone; and Franklyn Bodiford.
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby offers its heartiest con gratulations to the members of the Butler Volunteer Fire Department for their outstanding contributions to the residents of the City of Butler and for setting an inspired example for other fire departments.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Butler Volunteer Fire Department so that it may be prominently displayed.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the following outstanding individuals: Marvin Peed, Chief; Bussey Hammock, Assist ant Chief; George Hammock, Captain; Edward Robinson, Civil Defense Director and volunteer fireman; Lester Peed; Jackie Barnes; Richard Taylor; Wilbur Carroll; Bobby Gene Swain; Bobby Harris; Milford McKenzie; Bobby Parks; Larry Greeson; Roy Bohler; Roger Clark; Tony Stalnaker; James Poole, Floyd Brewer; Dudley Harris; 0. C. Keen; Willie Bone; and Franklyn Bodiford.
HR 767. By Messrs. Parker of the 55th, Lewis of the 50th and Smith of the 54th:
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2175
A RESOLUTION
Commending Representative Albert Sidney Newton; and for other purposes.
WHEREAS, the affable, talented and intellectual member of the House from District 50, post 2, Honorable Albert Sidney Newton, has recently completed his twenty-seventh year of public service; and
WHEREAS, the Honorable Albert Sidney Newton began his career as a public servant in 1941 when he became a County Commissioner of Jenkins County; he served as County Commissioner for 20 years and proved to his constituents that he is a man of high ideals, abilities and character; and
WHEREAS, the Honorable Albert Sidney Newton was elected to the Georgia Senate for the 1961-1962 term--a position he held with dignity and dedication; and
WHEREAS, upon completing his Senatorial term, the Honorable Albert Sidney Newton was elected to the House of Representatives; and
WHEREAS, while providing excellent representation for his con stituents, the Honorable Albert Sidney Newton has consistently provided quality leadership for the members of this Body, for which the members are grateful; and
WHEREAS, the Honorable Albert Sidney Newton was born Decem ber 9, 1909, in Millen, Georgia; he graduated from the University of Georgia in 1931 with a B.S.A. degree; and
WHEREAS, he is a Methodist, a member of the Democratic Party, and has pursued, with outstanding success, the profession of farming, in addition to his public services.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and applauds the Honorable Albert Sidney Newton for his years of dedicated public service and for his years of excellent leadership and quality judgment in the House of Representatives.
BE IT FURTHER RESOLVED that this Body looks forward to many, many more years of guidance and intellectual stimulation from the Honorable Albert Sidney Newton.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable Albert Sidney Newton.
HR 768. By Mr. Harris of the 14th:
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A RESOLUTION
Commending the Cartersville Jaycees; and for other purposes.
WHEREAS, the Cartersville Jaycees have conducted the Junior Miss Georgia Pageant since its inception statewide; and
WHEREAS, Cartersville has been the host city for the annual pageant for the past eleven years; and
WHEREAS, the Cartersville Jaycees have done an outstanding job in conducting the pageant each year; and
WHEREAS, numerous winners of the Junior Miss Georgia Pageant have placed high on the national level; and
WHEREAS, the citizens of the City of Cartersville and Bartow County have given the Cartersville Jaycees and the pageant unlimited support; and
WHEREAS, the present club president during the most recent pageant was Chandler Kelly, the co-chairmen of the pageant were Ron Cox and Gene Lewis and the director was Jessemae McDaniel.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Cartersville Jaycees are hereby com mended for the outstanding job that they have done in conducting the Junior Miss Georgia Pageant.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Carters ville Jaycees.
HR 769. By Mr. Busbee of the 79th:
A RESOLUTION
Expressing regrets at the passing of Dr. Joel Herman Miller; and for other purposes.
WHEREAS, Dr. Joel Herman Miller of Elbert County recently passed away; and
WHEREAS, Dr. Miller was well known and highly regarded by the citizens of his community and State; and
WHEREAS, Dr. Miller was a very able Representative of Elbert County in the Georgia House of Representatives from 1957 through 1962; and
WHEREAS, Dr. Miller was very active in the civic affairs of his community and State; and
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WHEREAS, Dr. Miller is survived by his wife, Mrs. Ruth Miller, and two daughters.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets at the passing of Dr. Joel Herman Miller and extends its sincerest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mrs. Ruth Miller.
HR 780. By Mr. Murphy of the 26th:
A RESOLUTION
RESOLVED TO ADJOURN AND FOR OTHER PURPOSES.
BE IT RESOLVED by the House of Representatives, the Senate concurring, that the General Assembly do adjourn on Saturday, March 2, 1968, at 1:00 o'clock P.M. and reconvene on Monday, March 4, 1968, at 10:00 o'clock A.M.
SR 239. By Senators Chapman of the 32nd and Hensley of the 33rd:
A RESOLUTION
Commending Lockheed, Georgia; and for other purposes.
WHEREAS, early in March, Lockheed, Georgia Corporation will roll out the first production line model of the largest aircraft in the world; and
WHEREAS, all members of the team which is responsible for the design and production of this marvelous aircraft should be afforded particular recognition for their outstanding skills and accomplishments in producing one of the most complicated and revolutionary aeronautical achievements in this century; and
WHEREAS, the employees of one of Georgia's most outstanding employers have again demonstrated the high degree and caliber of skills required to execute a most difficult assignment represented by the pro duction of this aircraft.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend and congratulate each and every employee of the Lockheed, Georgia Corpo ration in their splendid accomplishment of securing the contract to design, produce and provide our nation with this magnificent aircraft.
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BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the President of Lockheed, Georgia Corporation.
SR 242. By Senator Abney of the 53rd:
A RESOLUTION
Requesting the Governor to designate one day in each year as the "Annual Old-Timers' Day"; and for other purposes.
WHEREAS, this State has contributed many musicians to country and western music; and
WHEREAS, country and western music is part of our heritage; and
WHEREAS, among those Georgians who were contributors to country and western music who have passed on are: Gid Tanner, "fiddling" John Carson, Pete Cassell, Riley Puckett, and Uncle Ned Stripling; and
WHEREAS, among those Georgians who are contributors to country and western music who are still with us are: Jon Farmer, Herman "Horsehair" Bugfuzz, Bob and Mac Atcherson, Paul Rice, Mrs. Riley Puckett, Spero Patterson, Sam Harrison, George (Sleepy) Head, John and Stella Pierce, Eddie Shaw, James Peacock, Lang Howe, Jack Green, Roy Drusky, Jerry Reid, Bill Anderson, Little Jimmie Dempsey, Minnie Pearl, and Clayton Mack McChen; and
WHEREAS, WSB, WAGA, WTJH, WYZE and WGST are among the stations that pioneered country and western music.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby expresses its sincerest appreciation to the contributors of country and western music from this State and further urges the Governor to designate March 3 in each year as the "Annual Old-Timers' Day".
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to Governor Lester Maddox.
SR 243. By Senators Bateman of the 27th, Hensley of the 33rd, Webb of the llth and Adams of the 26th:
A RESOLUTION
Urging all public authorities of this State to encourage the estab lishment of vending stands operated by the blind and seriously disabled on the property of such authorities; and for other purposes.
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WHEREAS, it has long been the policy of this State to encourage the establishment of vending stands operated by the blind and seriously disabled in State buildings; and
WHEREAS, this policy was enacted into law with the adoption of the "Vending Stand Act" in 1956; and
WHEREAS, the operation of such vending stands by the blind and seriously disabled provides such persons with remunerative employ ment, enlarging their economic opportunities and stimulating them to greater efforts in striving to make themselves self-supporting; and
WHEREAS, the public authorities of this State are quasi-public agencies and should adopt the policy provided by law with regard to State-owned buildings.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that all public authorities of this State are hereby urged to establish a policy whereby vending stands located in the buildings owned or operated by said public authorities shall be operated by the blind and seriously disabled when such stands can be properly and satisfactorily operated by such blind and disabled persons.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit copies of this resolution to the chief executive officer of each public authority of this State created by law and to the Director of the Division of Vocational Rehabilitation of the State Department of Education.
The following Resolutions of the House were read and referred to the committees:
HR 770. By Messrs. Oglesby of the 92nd, Egan of the 141st and others:
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.
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 section to Part III to read as follows:
"7. The Minority 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
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for each day during the regular session. The Minority 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 Minority Leader shall be a committee of one and shall receive the expense, mileage and travel allowances authorized by law for mem bers of interim committees.
Hs 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."
Referred to the Committee on Rules.
HR 771. By Messrs. Palmer of the 117th and Smith of the 3rd:
A RESOLUTION
Creating the House Laboratory Licensing Study Committee; and for other purposes.
WHEREAS, there have been brought to light in recent months instances which indicate that it might be worthwhile to the public to license and regulate clinical laboratories, tissue banks and laboratory schools; and
WHEREAS, several bills were introduced in the 1968 session of the General Assembly which have for their purpose the regulation of licensure of laboratories; and
WHEREAS, it would appear to be the proper course to study these bills in the light of conditions which exist in Georgia before taking further action.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the House Laboratory Licensing Study Committee to be composed of 14 members of the House to be appointed by the Speaker. The Committee shall study the condi tions which exist in the laboratories in the State, as well as procedures and practices being used by the laboratories. The Committee may consult with experts in the field in order to elicit needed information and in order to arrive at a proper decision as to the need for licensing and regulation of laboratories in Georgia. The Committee shall particularly study House Bills 775, 1024 and 1026 to determine whether the legisla tion is needed. The Committee shall make a report of its findings and recommendations on or before December 31, 1968, on which date the Committee shall stand abolished. The members of the Committee shall receive the allowances authorized to legislative members of interim committees for 10 days, or longer if an extension is granted by the Speaker. The funds necessary to carry out the purposes of this resolution shall come from funds appropriated to or available to the legislative branch of government.
Referred to the Committee on Hygiene and Sanitation.
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HR 772. By Messrs. Hood of the 124th, Grier of the 132nd and others:
A RESOLUTION
Creating a committee to study the subject of crime among juveniles; and for other purposes.
WHEREAS, the rate of increase of crimes committed by juveniles
has been considerably higher than the rate of increase of crimes com mitted by others; and
WHEREAS, this tendency toward crime among the teenagers of this State creates a problem which is of the utmost concern to the members of this body and to all law-abiding citizens of this State; and
WHEREAS, it is imperative that ways and means should be found to alleviate this situation so that our young boys and girls will turn to the higher moral values of life.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study all matters relating to the subject of crime among juveniles. The com mittee shall be composed of ten (10) members of the House of Repre sentatives to be appointed by the Speaker of the House of Representa tives. The committee 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 ac complish the objectives and purposes of this resolution. The members of the committee shall receive the same allowances authorized for legislative members of interim legislative committees from funds ap propriated to or available to the legislative branch of the government, but shall receive the same for not more than fifteen (15) days. Any other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government. Said committee shall make a report of its find ings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by said committee on or before December 1, 1968, on which date the committee shall stand abolished.
Referred to the Committee on Judiciary.
HR 773. By Messrs. Oglesby of the 92nd, Parker of the 68th and others:
A RESOLUTION
Creating an interim study committee on teacher tenure; and for other purposes.
WHEREAS, it is desirable and necessary that the General Assembly investigate the area of needed legislation in the field of teacher tenure.
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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be composed of such number of members of the House of Representatives as the Speaker thereof shall appoint. The committee shall be authorized to meet for a period not in excess of fifteen days. The committee shall make a thorough and exhaustive study into the advisability of needed legislation in the field of teacher tenure. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time it shall stand abolished. The members of the committee shall receive compensation, per diem, expenses and allowances authorized for members of interim legisla tive study committees. The funds necessary of the purposes of this Resolution shall come from funds appropriated and available to the legislative branch of the government.
Referred to the Committee on Education.
HR 774. By Messrs. Steis of the 100th and Dillon of the 128th:
A RESOLUTION
Creating a Firearms Control Safety Study Committee; and for other purposes.
WHEREAS, the State of Georgia has witnessed a demonstrative increase in the traffic of firearms which have not been proof-tested prior to introduction into the stream of commerce; and
WHEREAS, it appears the homicide rate from the use of firearms is increasing in Georgia; and
WHEREAS, House Bill 1094 regarding the control of the sale of handguns is at present under study by the Special Judiciary Committee and has neither been reported do pass or do not pass.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Firearms Safety Study Committee to be composed of Five (5) members of the House of Representatives to be appointed by the Speaker of the House. The Committee shall research and study the laws of other states relating to firearms control thereof counsel with manufacturers and distributors of firearms and obtain the views of experts in order to determine safe standards for the firearms to be sold in the State of Georgia. The members of the Committee shall receive the compensation, expenses and allowances authorized for legislative members of interim legislative committees, not to exceed a total of Ten (10) days unless the Speaker of the House shall agree to an extension. The Committee shall make a report on or before December 31, 1968, on which date the Committee shall stand abolished. The funds necessary to carry out the purpose of this Resolution shall come from funds appropriated to or available to the legislative branch of the government.
Referred to the Committee on Judiciary.
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2183
HR 775. By Messrs. Laite of the 109th, Starnes of the 13th and others:
A RESOLUTION
Requesting the Department of Public Health to submit certain information to the General Assembly; and for other purposes.
WHEREAS, it has come to the attention of some of the members of the General Assembly that the Department of Public Health has devised and begun implementation of a plan to destroy or otherwise dis pose of certain buildings at Battey State Hospital and at Southwestern State Hospital at Thomasville; and
WHEREAS, the feasibility of renovating such buildings in order for them to be fully utilized at the earliest possible time should be fully explored before such buildings are destroyed or otherwise disposed of; and
WHEREAS, there is a long waiting list of people who are seeking admittance to Gracewood State School and Hospital for their mentally ill children; and
WHEREAS, the feasibility of using such buildings, when properly renovated as aforesaid, for the purpose of rapidly expanding the facilities available for mentally ill children should be fully explored; and
WHEREAS, there is great reluctance on the part of many parents to admit their mentally ill or retarded children to Central State Hospital although space is presently available at said Hospital.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby request and urge the Department of Public Health to immediately begin a detailed study of all unused buildings at the various institutions under its jurisdiction to determine which of said buildings might be quickly renovated to expand facilities available for mentally ill and mentally retarded children and to obtain estimates of the cost that would be involved in connection with such renovation.
BE IT FURTHER RESOLVED that it is the feeling of the members of this body that plans to destroy or otherwise dispose of any such unused buildings should be delayed until the completion of the aforesaid study and the results of such study are made available to the members of the General Assembly.
BE IT FURTHER RESOLVED that the Department of Public Health is hereby requested to make a careful analysis of the funds appropriated to said Department for the purpose of determining if any such funds may be transferred, in accordance with the law governing any such transfer, for use in renovating any such unused buildings at the earliest possible time.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap-
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propriate copy of this resolution to Dr. John H. Venable, Director of the Department of Public Health.
Referred to the Committee on Hygiene and Sanitation.
HR 776. By Mr. Snow of the 1st:
A RESOLUTION
Authorizing the creation of an Interim Committee to study the structure and laws governing the Bureau of State Planning, and for other purposes.
WHEREAS, the State Planning Bureau was established by the General Assembly in 1967 for the purpose of coordinating state planning, and
WHEREAS, the State Planning Bureau performs important func tions in the area of coordinating Federal programs and planning for departments of state government; and
WHEREAS, the State Planning Bureau cooperates and works with the Area Planning and Development Commissions in state planning on an area or regional basis; and
WHEREAS, the General Assembly, is desirous of reviewing and studying the present laws concerning the State Planning Bureau; and
WHEREAS, the effectiveness and the purposes for which the State Planning Bureau was created should be reviewed;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a State Planning Bureau Study Committee to be composed of seven members of the House appointed by the Speaker of the House. The Chairman of the Committee shall be appointed by the Speaker of the House.
The Committee shall conduct a study of the present laws governing the operation of the State Planning Bureau. The Committee shall study the present structure of the State Planning Bureau and review its re sponsibilities and programs. The Committee shall hold such meetings at such times and at such places as necessary to conduct its study. It may do all other things consistent with this resolution which are neces sary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The members of the Committee shall receive the same expense, mileage and travel allowances authorized for legislative mem bers of interim legislative committees.
The Committee shall make its report, including any recommenda tions for legislation, to the General Assembly not later than December 1, 1968. The funds necessary to carry out the purposes of this resolution
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2185
shall come from funds appropriated to or available to the legislative branch of the government.
Referred to the Committee on Industry.
HR 777. By Messrs. Westlake of the 119th, Palmer of the 117th and others:
A RESOLUTION
Creating the Study Committee for the Regulation of Lobbying; and for other purposes.
WHEREAS, during the current 1968 legislative session, there has been proposed legislation dealing with the area of modernizing Georgia laws relative to the regulating of lobbyists and lobbying activities; and
WHEREAS, it is necessary and desirable to provide a modern up-to-date statute dealing with this most important area of legislative activity.
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 thereof. The committee shall be authorized to meet for a period not in excess of ten days. The committee shall make a thorough and exhaustive study into the need and advisa bility of updating Georgia laws as they pertain to the regulation of lobbyists and lobbying activities. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time it shall stand abolished. The members of the committee shall receive compensation, per diem, expenses and allowances authorized for members of interim legislative study committees. The fonds necessary for the purposes of this Resolution shall come from funds appropriated and available to the legislative branch of the government.
Referred to the Committee on Rules.
HR 778. By Messrs. Tucker of the 36th, Murphy of the 26th, Melton of the 34th, Egan of the 141st and Lee of the 79th:
A RESOLUTION
Creating an interim study committee; and for other purposes.
WHEREAS, it is impossible to file a State of Georgia income tax return when the husband and wife both work without incurring addi tional tax liability which is eliminated when separate returns are filed; and
WHEREAS, the exact opposite is true insofar as federal income tax returns are concerned; and
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WHEREAS, it is the desire of the members of this body to reduce if possible, the overall workload of the State Income Tax Unit by amending the income tax laws to allow a husband and wife who both work to file a joint state income tax return without incurring additional tax liability.
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 shall conduct a thorough study of the state and federal income tax laws to determine if the state income tax laws can be amended to eliminate the provision which requires a husband and wife who both work to file separate tax returns to avoid additional liability. The Director of the Income Tax Unit of the State Revenue Department is hereby authorized and directed to cooperate with the members of this committee to the fullest extent. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for no more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations on or before December 1, 1968, on which date the committee shall stand
abolished.
Referred to the Committee on Ways and Means.
Mr. Gunter of the llth asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:
HB 958. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend Code Section 27-903, so as to provide that the first bail shall be permitted as a matter of right under certain circumstances; and for other purposes.
Objection was heard, and Mr. Gunter of the llth moved that the House re consider its action in failing to pass HB 958.
The roll call 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 Brantley, H. H. Buck Busbee Chandler
Cheeks Colwell Cook Cooper, J. R. Dailey Davis
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Dean DeLong Dillon Dorminy Doster Douglas Edwards Egan Pallin Farrar Fleming Gay Gaynor Gignilliat Grahl Graves Gunter Harrington Harris, J. R. Harris, R. W. Hill Holder Hutchinson Jenkins
Johnson, A. S. Johnson, B. Jones, M. Kaylor Kirksey Knapp Lane, Dick Leggett Lowrey Matthews, C. Mauldin McCracken McDaniell Merritt Miller Moore, Don C. Nessmith Newton Nimmer Otwell Parker, C. A. Parrish Peterson Pickard
Potts Ragland Roach Shanahan Sherman Shields Shuman Simmons Stalnaker Starnes Sweat Thompson, R. Threadgill Tye Vaughn, C. R. Walling Wamble Westlake Whaley Wiggins Williams Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Alexander Anderson Barfield Bennett Blalock Bray Caldwell Carnes Cato Clarke Cole Collins, M. Crowe, W. J. Daugherty Dent
Dickinson Dodson Hadaway Hamilton Harris, J. F. Jordan, G. Lambros Lee, W. J. (Bill) Leonard Lewis Longino Malone McClatchey Mullinax Murphy
Parker, H. W. Poss Reaves Ross Scarlett Smith, V. T. Tucker Turner Underwood Vaughan, D. N. Ward Ware Wilson, J. M.
Those not voting were Messrs.:
Bond Bostick Bowen Brantley, H. L. Brown, B. D. Brown, C. Gates Collins, J. F. Conner
Cooper, B. Cox Crowe, William Dixon Dollar Farmer Floyd Funk Gary
Grier Hale Hall Hargrett Harrison Henderson Higginbotham
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Hood Howard Howell Joiner Jones, C. M. Jordan, W. H. Laite Lambert Land Lane, W. J. Lee, W, S. Levitas Lovell Magoon Mason Matthews, D. R.
JOURNAL OF THE HOUSE,
Maxwell Melton Mixon Moate Moore, J. H. Moreland Nash Northcutt Odom Oglesby Pafford Palmer Paris Phillips Rainey Richardson
Rowland Rush Russell Savage Sims Smith, G. W. Smith, J. R. Smith, W. L. Snow Steis Sullivan Thompson, A. W. Townsend Wells Winkles Mr. Speaker
On the motion to reconsider, the ayes were 89, nays 43.
The motion prevailed and the House reconsidered its action in failing to pass HB 958.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:
SB 210. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend Code Section 74-111 so as to include dentists among those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability; and for other purposes.
Mr. Carnes of the 129th moved that the House insist on its position in amend ing the Bill and that the Speaker appoint a Committee of Conference on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Confer ence on the part of the House, the following members:
Messrs. Carnes of the 129th, Savage of the 58th and Cox of the 127th.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
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HB 1023. By Messrs. Wiggins and Threadgill of the 32nd, Underwood of the 61st and McCracken of the 49th:
A Bill to be entitled an Act to amend Code Chapter 34-10, so as to provide that all petitions for the nominations of candidates shall be filed with the Ordinary of that county within which the petition was circulated; and for other purposes.
The following Senate amendments were read:
Senator Smalley of the 28th moves to amend HB 1023 by striking on page 2, Section 2, Subsection (a), on line 12, the last word "of", and inserting in lieu thereof the word "or".
Senate Committee on Economy, Reorganization and Efficiency In Govern ment moves to amend HB 1023, as follows:
By striking the last quoted paragraph of Section 2 and substituting "in lieu thereof a new paragraph to read as follows:
"The registrars, after examining the petition referred to them by the ordinary as hereinbefore provided, shall certify to the ordinary, if the candidate is required to file his notice of candidacy with the ordinary, the number of valid signatures contained within each petition they have examined and return the petitions to the ordinary. If the petition com plies with the law, it shall be granted and his name shall be placed upon the ballot, if the candidate is required to file his notice of candidacy with the ordinary. If the petition fails to comply with the law, it shall be denied, and the candidate named therein shall be notified of the cause for such denial by letter directed to his last known address. If the peti tion seeks the nomination of a candidate for an office for which candi dates are required to file their notice of candidacy with the Secretary of State, the individual registrars shall certify to the Secretary of State the numbers of signatures compiled for that purpose within their respec tive counties and shall accompany such certification with the petitions they have examined. The Secretary of State shall compile the aggregate total of all signatures certified to him by the registrars of the various counties for each candidate; and, if the requisite number has been certified to him, the petition of such candidate shall be granted and his name shall be placed upon the ballot. If an insufficient number of sig natures has been certified to the Secretary of State, the petition shall be denied, and the candidate named therein shall be notified of the cause for such denial by letter directed to his last known address. The petitions shall be retained by the officers to whom they are ultimately referred by the registrars."
Mr. Wiggins of the 32nd moved that the House agree to the Senate amend ments.
On the motion to agree, the ayes were 145, nays 4.
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The Senate amendments to HB 1023 were agreed to.
HB 1052. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to the conduct of primaries and elections, so as to prescribe additional methods whereby electors may cast their votes; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 34-13, relating to the conduct of primaries and elections, so as to prescribe additional methods whereby electors may cast their vote; to provide for additional manners in which certain votes shall be valid; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Chapter 34-13, relating to the conduct of primaries and elections, is hereby amended by adding at the end thereof a new section to be known as Section 34-1333 and to read as follows:
"34-1333. Notwithstanding any other provisions of this Chap ter or Title to the contrary, an elector, voting by paper ballots or by vote recorder may cast his vote in elections in any one of the follow ing ways and his vote shall be counted as provided hereinafter in this Section:
(1) He may vote for each candidate individually as pro vided in this Code, as heretofore or hereafter amended.
(2) He may vote a straight political party or body ticket as provided in this Code, as heretofore or hereafter amended, or
(3) He may vote a 'modified straight party ticket' by cast ing in combination a straight party vote in the manner provided in subparagraph (2), and a vote or votes for individual candi dates, in the manner provided in subparagraph (1), which shall constitute a valid vote for every candidate of the political party or body designated, except candidates for the offices of presi dential electors and those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Mr. Wiggins of the 32nd moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 166, nays 0.
The Senate substitute to HB 1052 was agreed to.
Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration and read:
HB 1071. By Messrs. Starnes, Lowrey and Graves of the 13th, Thompson of the llth and Jones and Buck of the 112th:
A Bill to be entitled an Act to amend the Sales and Use Tax Act, so as to exempt from the tax imposed by said Act all sales by municipalities and counties arising out of their operation of any public transit facility; and for other purposes.
Three amendments offered by Mr. Vaughan of the 14th were withdrawn.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HB 1341. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Chapter 67-26, so as to con form the provisions of said Code Chapter to the requirements of Section 6323 of the U. S. Internal Revenue Code of 1954, by Public Law 89-719, known as the Federal Tax Lien Act of 1966; and for other purposes.
The following amendment was read and adopted:
Mr. Harris of the 118th moves to amend H. B. 1341 in the following manner:
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(1) By striking the period at the end of the first sentence of subparagraph (2) of quoted Code Section 67-2603 of Section 1 of said Bill and adding the words "or in the General Execution Docket."
(2) By striking the period at the end of subparagraph (d) of quoted Code Section 67-2603 of Section 1 of said Bill and adding the words "or in the General Execution Docket if such tax liens have not already been so indexed."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1302. By Messrs. Rainey of the 69th, Grahl of the 52nd, Dickinson of the 27th, Harrison of the 98th, Doster of the 73rd and others:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide that the ownership, juris diction over and control of all wildlife shall be in the State of Georgia in its sovereign capacity; and for other purposes.
The following amendment was read and adopted:
Mr. Black of the 56th moves to amend House Bill No. 1302 as follows:
By adding between Section 16 and Section 17 a new section to be known as Section 16A to read as follows:
By adding between Section 16 and Section 17 a new section to be known as Section 16A to read as follows:
"Section 16A. Said Act is further amended by adding a new section after Section 58 to be known as Section 58A to read as follows:
'Section 58A. No person who is fifteen (15) years of age or younger shall hunt deer in this State, unless such person is under the direct supervision of an adult during the period in which he is hunting.' "
By adding in the caption the following:
WEDNESDAY, FEBRUARY 28, 1968
2193
"to provide that no person 15 years of age or under shall hunt deer unless supervised by an adult;"
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 180, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1511. By Messrs. Threadgill of the 32nd and Wiggins of the 32nd:
A Bill to be entitled an Act to amend Code Section 67-108.1, relating to registry of mortgages and security deeds on property of railroads and public utilities, so as to include corporations furnishing telephone service; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1512. By Messrs. Threadgill and Wiggins of the 32nd: A Bill to be entitled an Act to amend Chapter 109A-9 of the "Uniform Commercial Code-Secured Transactions", so as to exempt from the filing provisions of said chapter security interest in property of corporations engaged in furnishing telephone service, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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HE 414-923. By Mr. Dillon of the 128th:
A Resolution creating a committee to study the feasibility of establish ing a State Department of Urban and Municipal Affairs; 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 148, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 186. By Senators Wesberry of the 37th, Holley of the 22nd and Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Sections 84-211 and 84-213 relating to registration of non-resident accountants; and for other purposes.
The following Committee substitute was read and lost:
A BILL
To be entitled an Act to amend Code Chapter 84-2, relating to certi fication of accountants, as amended by an Act approved March 28, 1935 (Ga. Laws 1935, p. 85), an Act approved March 19,1943 (Ga. Laws 1943, p. 363), an Act approved February 14, 1950 (Ga. Laws 1950, p. 163), an Act approved March 21, 1958 (Ga. Laws 1958, p. 216), and an Act ap proved March 18, 1964 (Ga. Laws 1964, p. 723), so as to provide that a non-resident certified accountant who holds a valid and unrevoked certi ficate or its equivalent, which meets certain standards, issued under au thority of any State or political subdivision of the United States to prac tice accountancy within this State upon certain terms and conditions; to prohibit persons who are Certified Public Accountants from performing public accounting except as Certified Public Accountants; to make tech nical clarifications; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Chapter 84-2, relating to certification of accountants, as amended by an Act approved March 28, 1935 (Ga. Laws 1935, p. 85), an Act approved March 19, 1943 (Ga. Laws 1943, p. 363), an Act ap-
WEDNESDAY, FEBRUARY 28, 1968
2195
proved February 14, 1950 (Ga. Laws 1950, p. 163), an Act approved March 21, 1958 (Ga. Laws 1958, p. 216), and an Act approved March 18, 1964 (Ga. Laws 1964, p. 723), is hereby amended by striking Code Section 84-211, relating to registration of nonresident accountants, in its entirety and inserting in lieu thereof a new 84-211, to read as follows:
"84-211. Registration of nonresident accountants; fee.--The holder of a valid, unrevoked certificate as a Certified Public Ac countant or of a valid and unrevoked license or degree determined by the Board to meet or exceed the standards required to be met by the laws of Georgia for the issuance of a certificate as a Certi fied Public Accountant issued under the authority of any State or political subdivision of the United States or any foreign country, may upon registering with the Board and paying the fee as here inafter provided, practice accountancy in this State in the following
(a) If such nonresident holder of a certificate as a Certified Public Accountant or its equivalent maintains a place of business within the State of Georgia or is a member of a firm or association which maintains a place of business within the State of Georgia, such nonresident holder may practice accountancy within this State as a Certified Public Accountant and shall be authorized to use the title "Certified Public Accountant," or the abbreviation "C.P.A." in such practice and shall be deemed to be a Certified Public Ac countant within the meaning of this Chapter.
(b) Any other such nonresident holder of a certificate as a Certified Public Accountant or its equivalent may practice account ancy within this State in the same manner as other public ac countants within the meaning of this Chapter but shall be author ized to use only the title "public accountant" in such practice. Any nonresident holder of a certificate as a Certified Public Accountant or its equivalent desiring to register as herein provided shall apply for registration with the Board on or before January 1 of each year and shall pay a fee of Ten ($10.00) Dollars, and upon the payment of such fee, the Board shall issue a certificate of such registration."
SECTION 2
Code Section 84-213, relating to unlawful practice, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 84-213, to read as follows:
"84-213. Unlawful practice.--It shall be unlawful:
(a) For any person other than a Certified Public Accountant within the meaning of this Chapter, certified and registered as pro vided by this Chapter, to practice as a Certified Public Accountant, or hold himself out as, or assume to practice as a Certified Public Accountant, or use the term "Certified Public Accountant" or the abbreviation "C.P.A." or otherwise employ any designation, as a member of a firm or otherwise, calculated to deceive the public
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JOURNAL OF THE HOUSE,
or convey the impression that such a person is a Certified Public Accountant;
(b) For any member of a firm or association to announce or state in writing or printing or otherwise, that such a firm or asso ciation is practicing as "Certified Public Accountants" unless all members of the firm or association are holders of valid and unrevoked certificates and are Certified Public Accountants within the meaning of this Chapter;
(c) For any person who is certified and registered as a Certi fied Public Accountant within the meaning of this Chapter, or for any member of a firm or association all of the members of which firm or association are Certified Public Accountants within the meaning of this Chapter to hold himself out to the general public in the performance of general accounting services except as a Certified Public Accountant;
(d) For any person to practice as a Certified Public Account ant if his certificate has been revoked, or during any suspension thereof or without renewing his registration card annually as pro vided by this Chapter;
(e) For any person to buy, sell, give or obtain a certificate as a Certified Public Accountant in any manner other than that pro vided by this Chapter;
(f) For any Certified Public Accountant to knowingly certify to any false or fraudulent report, certificate, exhibit, schedule or statement."
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
The following substitute, offered by Mr. Threadgill of the 32nd, was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 84-2, relating to certi fication of accountants, as amended by an Act approved March 28, 1935 (Ga. Laws 1935, p. 85), an Act approved March 19, 1943 (Ga. Laws 1943, p. 363), an Act approved February 14, 1950 (Ga. Laws 1950, p. 163), an Act approved March 21, 1958 (Ga. Laws 1958, p. 216), and an Act approved March 18, 1964 (Ga. Laws 1964, p. 723), so as to provide that a nonresident certified accountant who holds a valid and unrevoked certificate or its equivalent, which meets certain standards, issued under authority of any State or political subdivision of the United States to practice accountancy within this State upon certain terms and condi tions; to prohibit persons who are Certified Public Accountants from
WEDNESDAY, FEBRUARY 28, 1968
2197
performing public accounting except as Certified Public Accountants; to make technical clarifications; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 84-2, relating to certification of account ants, as amended by an Act approved March 28, 1935 (Ga. Laws 1935, p. 85), an Act approved March 19, 1943 (Ga. Laws 1943, p. 363), an Act approved February 14, 1950 (Ga. Laws 1950, p. 163), an Act ap proved March 21, 1958 (Ga. Laws 1958, p. 216), and an Act approved March 18, 1964 (Ga. Laws 1964, p. 723), is hereby amended by striking Code Section 84-211, relating to registration of nonresident accountants, in its entirety and inserting in lieu thereof a new 84-211, to read as
follows:
"84-211. Registration of nonresident accountants; fee.-- (a) The holder of a valid, unrevoked certificate as a Certified Public Accountant or its equivalent issued under the authority of any State or political subdivision of the United States or any foreign country, which certificate or its equivalent is determined by the Board to meet or exceed the standards required to be met by the laws of Georgia for the issuance of a certificate as a Certified Publie Accountant, who is not a resident of the State of Georgia, may, upon registering with the Board and paying the fee as hereinafter provided, practice accountancy in this State in the following man ner:
(1) If such nonresident holder of a certificate as a Certi fied Public Accountant or its equivalent maintains an estab lished place of business within the State of Georgia or is a mem ber of a firm or association which maintains an established place of business within the State of Georgia, such nonresident holder may practice accountancy within this State as a Certified Pub lic Accountant and shall be authorized to use the title "Certified Public Accountant," or the abbreviation "C.P.A." in such prac tice and shall be deemed to be a Certified Public Accountant within the meaning of this Chapter.
(2) Any other such nonresident holder of a certificate as a Certified Public Accountant or its equivalent may practice accountancy within this State in the same manner as other pub lic accountants within the meaning of this Chapter but shall be authorized to use only the title "public accountant" in such practice.
(b) Any nonresident holder of a certificate as a Certified Pub lic Accountant or its equivalent desiring to register as herein pro vided shall apply for registration with the Board on or before January 1 of each year and shall pay a fee of Ten ($10.00) Dollars. As a part of his application for registration, each nonresident holder of a certificate as a Certified Public Accountant or its equivalent shall file a statement on a form or forms prescribed by the Board setting forth the following information:
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(1) In the case of an individual who is not a member of a firm or association, the address of each established place of business maintained by him within the State of Georgia, if any, and of each established place of business maintained by him located elsewhere.
(2) In the case of an individual who is a member of a firm or association, the names and addresses of all other mem bers of such firm or association, the address of each established place of business maintained by such firm or association within the State of Georgia, if any, and the address of each principal established place of business maintained by such firm or asso ciation located elsewhere.
Upon the approval of such application and the payment of such fee, the Board shall issue a certificate of such registration."
Section 2. Code Section 84-213, relating to unlawful practice, is hereby amended by striking said Code Section in its entirety and insert ing in lieu thereof a new Code Section 84-213, to read as follows:
"84-213. Unlawful practice.--It shall be unlawful:
(a) For any person other than a Certified Public Accountant within the meaning of this Chapter, certified and registered as pro vided by this Chapter, to practice as a Certified Public Accountant, or hold himself out as, or assume to practice as a Certified Public Accountant, or use the term "Certified Public Accountant" or the abbreviation "C.P.A." or otherwise employ any designation, as a member of a firm or otherwise, calculated to deceive the public or convey the impression that such a person is a Certified Public Accountant;
(b) For any member of a firm or association to announce or state in writing or printing or otherwise, that such a firm or asso ciation is practicing as "Certified Public Accountants" unless all members of the firm or association are holders of valid and unrevoked certificates and are Certified Public Accountants within the meaning of this Chapter;
(c) For any person who is certified and registered as a Certi fied Public Accountant within the meaning of this Chapter, or for any member of a firm or association all of the members of which firm or association are Certified Public Accountants within the meaning of this Chapter to hold himself out to the general public in the practice of public accounting except as a Certified Public Accountant;
(d) For any person to practice as a Certified Public Account ant if his certificate has been revoked, or during any suspension thereof or without renewing his registration card annually as pro vided by this Chapter;
WEDNESDAY, FEBRUARY 28, 1968
2199
(e) For any person to buy, sell, give or obtain a certificate as a Certified Public Accountant in any manner other than that provided by this Chapter;
(f) For any Certified Public Accountant to knowingly certify to any false or faudulent report, certificate, exhibit, schedule or statement."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Collins, J. F. Cook Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Daugherty
Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Douglas EdVards Fallin Farmer Farrar Fleming Floyd Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, R. W. Henderson Higginbotham
Hill Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell
2200
Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Nimmer Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Phillips
JOURNAL OP THE HOUSE,
Pickard Poss
Potts Ragland
Reaves Richardson Roach Rowland Russell Scarlett Shanahan Sherman
Shields Shuman Simmons Sims Smith, W. L. Snow
Starnes Steis
Sweat
Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner
Tye Underwood Vaughan, D. N.
Vaughn, C. R. Ward Ware
Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles
Wood
Voting in the negative was Mr. Wamble.
Those not voting were Messrs.:
Anderson Barfield Bennett Bostick
Bo wen Branch Cole
Collins, M. Colwell Conner Cooper, J. R. Doster
Egan Funk Hadaway
Hale Harris, J. F. Harris, J. R. Harrison
Howell Johnson, B.
Jordan, W. H. Laite Lambros Land Leonard
Lewis Magoon Maxwell Newton
Odom Oglesby Peterson
Rainey Ross Rush
Savage Smith, G. W. Smith, J. R. Smith, V. T. Stalnaker Sullivan Wells Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 160, nays 1,
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Lewis of the 50th requested that he be recorded as having voted for the passage of SB 186.
WEDNESDAY, FEBRUARY 28, 1968
2201
Mr. Wamble of the 90th stated that he inadvertently voted "nay" when the roll was called on SB 186, but intended to vote "aye".
HB 1300. By Messrs. Westlake of the 119th, Palmer of the 117th and others:
A Bill to be entitled an Act to make it unlawful for any person to wil fully make a false report of a crime; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1438. By Messrs. Levitas and Walling of the 118th and Jones and Buck of the 112th:
A Bill to be entitled an Act to prohibit the possession of certain types of firearms; and for other purposes.
Mr. Parker of the 68th moved that HB 1438 be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alexander Anderson Ballard Barber Berry, J. K. Black Brantley, H. H. Brown, B. D. Carnes Cato Chandler Cole Colwell Cooper, B. Cooper, J. R. Cox Crowe, William
Dailey Daugherty Davis DeLong Dent Dickinson Dodson Douglas Funk Gay Grahl
Edwards Grier Gunter Hall Hargrett Harrington
Harris, J. F. Henderscn Higginbotham Hill Howard Hutchinson Jenkins Johnson, A. S. Joiner Jordan, C. Jordan, W. H. Kaylor Knapp Lambert Leonard Lewis Mason
2202
Matthews, D. R. Mauldin Maxwell McDaniell Mixon Moore, Don C. Nash Pafford Parker, C. A. Parrish Poss
JOURNAL OF THE HOUSE,
Rainey Reaves Richardson Russell Scarlett Shields Shuman Smith, J. R. Smith, W. L. Steis Thompson, R.
Turner Tye Vaughan, D. N. Westlake Whaley Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Adams Battle Bennett Berry, C. E. Blalock Branch Bray Brown, C. Cheeks Clarke Cook Crowe, W. J. Dillon Egan Fleming Gary Gaynor Gignilliat Graves Harris, J. R. Harris, R. W. Harrison Hood Jones, M.
Kirksey Laite Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey M alone Matthews, C. McClatchey McCracken Melton Miller Moate Moore, J. H. Mullinax Murphy Nessmith Newton Northcutt Otwell Palmer
Parker, H. W. Phillips Pickard Potts Ragland Roach Ross Rush Shanahan Simmons Sims Starnes Sweat Thompson, A. W. Townsend Tucker Vaughn, C. R. Walling Wamble Ware Wiggins Williams
Those not voting were Messrs.:
Barfield Bond Bostick Bowen Brantley, H. L. Buck Busbee Caldwell Gates Collins, J. F. Collins, M. Conner
Dean Dixon Dollar Dorminy Doster Fallin Farmer Farrar Floyd Hadaway Hale Hamilton
Holder Howell Johnson, B. Jones, C. M. Land Lane, W. J. Leggett Lovell Magoon Merritt Moreland Nimmer
Odom Oglesby Paris Peterson Rowland Savage
WEDNESDAY, FEBRUARY 28, 1968
Sherman Smith, G. W. Smith, V. T. Snow Stalnaker Sullivan
Threadgill Underwood Ward Wells Mr. Speaker
2203
On the motion to table, the ayes were 82, nays 70.
The motion prevailed, and HB 1438 was placed upon the table.
Mr. Battle of the 116th stated that he inadvertently voted "nay" but in tended to vote "aye" on the motion to table.
The Speaker announced the House recessed until 2:00 o'clock this afternoon.
AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 975. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act relating to the granting of special permits to operate motor vehicles; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
"To be entitled an Act to amend an Act relating to the granting of special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles, approved February 12, 1951 (Ga. Laws 1951, p. 90), so as to transfer certain duties vested in the Chairman of the State Highway Board to the Director of the State Highway Department; so as to grant authority to State Highway Department to issue special permits for vehicles exceeding maximum dimensions, length and height; to repeal conflicting laws; and for other purposes.
"BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
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JOURNAL OF THE HOUSE,
"Section 1. An Act relating to the granting of special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles, approved February 12,1951 (Ga. Laws 1951, p. 90), is hereby amended by striking from Section 1 the words 'Chairman' and 'Board', and inserting in lieu thereof the words 'Director' and 'Department', respectively, and by adding after the word 'weight' the words 'dimensions, length and height or a combination thereof, so that, when so amended, said section shall
read as follows:
"The Director of the State Highway Department of Georgia or the official of the State Highway Department of Georgia desig nated by the Director may, in his discretion upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a motor vehicle or combination of vehicles, the weight, dimensions, length and height or a combination thereof, of which such vehicle or ve hicles and load exceeds the maximum limits specified by law, upon the public highways of this State; provided that the load trans ported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated."
"Section 2. Said Act is further amended by striking from Section 3 the words 'Chairman' and 'Board' and inserting in lieu thereof the words 'Director' and 'Department', respectively, so that when so amend ed, said Section shall read as follows:
"The Director of the State Highway Department of Georgia or the official of the State Highway Department of Georgia desig nated by the Director is authorized to withhold such permit at his discretion, or, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitation within which the vehicles described may be operated on the highway indicated, or otherwise to limit or prescribe conditions of operation of such ve hicle, or vehicles, when necessary to assure against undue damage to the road foundations, surfaces or bridge structures, and require such undertaking or other security as may be deemed necessary to compensate the State for any injury to any roadway or bridge structure."
"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 124, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
WEDNESDAY, FEBRUARY 28, 1968
2205
HB 978. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th, and Sherman of the 105th:
A Bill to be entitled an Act to provide for repealing an Act to provide for the auditing of obligations and claims against the State Highway Department; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. P. Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent
Dixon Dollar Dorminy Douglas Edwards Egan Fallin Fleming Funk Gay Gaynor Gignilliat Grahl Grier Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hill Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Laite Lambert
Lambros Land Lane, Dick Lane, W. J. Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatehey McCracken McDaniell Melton Miller Mixon Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish
2206
Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Savage Scarlett
JOURNAL OF THE HOUSE,
Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Starnes Sweat Thompson, A. W. Thompson, R.
Threadgill Town send Tucker Turner Tye Underwood Vaughn, C. R. Walling Ward Ware Williams Winkles Wood
Voting in the negative was Mr. J. M. Wilson.
Those not voting were Messrs.:
Anderson Barfield Bostick Bo wen Buck Collins, M. Colwell Conner Cooper, B. Dean Dickinson Dillon Dodson Doster Farmer Farrar Floyd Gary
Graves Gunter Hale Harrison Henderson Higginbotham Holder Jones, C. M. Kirksey Knapp Lee, W. J. (Bill) Levitas Magoon Merritt Moate Moore, Don C. Moreland Northcutt
Odom Otwell Peterson Rush Russell Smith, J. R. Smith, V. T. Stalnaker Steis Sullivan Vaughan, D. N. Wamble Wells Westlake Whaley Wiggins Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 150, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 990. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to repeal Code Section 95-1506, relating to the duty of the State Highway Board to submit an annual report of operations to the Governor; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, FEBRUARY 28, 1968 On the passage of the Bill, the ayes were 103, nays 0.
2207
The Bill, having received the requisite constitutional majority, was passed.
HB 1121. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act so as to change the name of the Georgia Prison Industries Administration to the Georgia Cor rectional Industries Administration; and for other purposes.
The report 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.
Under the general order of business established by the Committee on Rules, the following Bills of the House were again taken up for consideration and read:
HB 862. By Messrs. Parker of the 55th, Lewis of the 50th and others:
A Bill to be entitled an Act to amend an Act providing for grants to certain municipalities, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
An amendment offered by Mr. Miller of the 108th was read and lost.
The following amendment was read and adopted:
Mr. Cheeks of the 104th moves to amend HB 862 as follows:
By striking the following sentence in Section 6: "The State Treasurer shall disburse such funds as provided for herein in four equal, or as nearly equal as possible, installments on the first day of each quarter in each fiscal year commencing with July 1, 1968." and inserting in lieu thereof the following: "The State Treasurer shall disburse such funds as provided for herein in two equal, or as nearly equal as possible, installments as allotted by the Budget Bureau, commencing with fiscal year 1970."
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 135, nays 20.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Cole of the 3rd requested that he be recorded as having voted against the passage of HB 862.
HB 869. By Messrs. Parker of the 55th, Brown of the 34th and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act providing for grants to counties so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
The following amendment was read and adopted:
Mr. Cheeks of the 104th moves to amend HB 869 as follows:
By striking Section 3 in its entirety and inserting a new Section 3 to read as follows:
"Section 3. Funds disbursed under this Act by the State Treas urer shall be paid to the counties in the name of the County Treas urer or other fiscal authority authorized to receive county funds. The State Treasurer shall disburse such funds as provided for herein in two equal, or as nearly equal as possible, installments as allotted by the Budget Bureau, commencing with fiscal year 1970. Such funds shall be expended by the counties only for the purposes prescribed in Section 1 of this Act."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 117, nays 12.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the general order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
WEDNESDAY, FEBRUARY 28, 1968
2208
HB 1355. By Mr. Bennett of the 95th:
A Bill to be entitled an Act to amend an Act providing an annual con tingent expense allowance for each of the solicitors general of the supe rior courts so as to change the amount thereof; and for other purposes.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 1355 by deleting from Section 1 of said Bill, wherever they appear, the figures "$6,000.00" and substituting in lieu thereof the figures "$4,800.00".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 107, nays 16.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Levitas of the 118th arose to a point of personal privilege and addressed the House.
Mr. Levitas of the 118th moved that the following Bill of the House be taken from the table:
HB 1438. By Messrs. Levitas of the 118th, Jones and Buck of the 112th and Walling of the 118th:
A Bill to be entitled an Act to prohibit the possession of certain types of firearms; and for other purposes.
On the motion to take from the table, the ayes were 110, nays 48.
The motion prevailed and HB 1438 was taken from the table.
Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration and read:
HB 1438. By Messrs. Levitas of the 118th, Jones and Buck of the 112th and Walling of the 118th:
A Bill to be entitled an Act to prohibit the possession of certain types of firearms; and for other purposes.
2210
JOURNAL OP THE HOUSE,
The following amendment was read and adopted:
The Judiciary Committee moves to amend HB 1438 in the following particulars:
1. By striking subsection (d) of Section 4 in its entirety and sub stituting in lieu thereof a new subsection (d) to read as follows:
"(d) The term 'dangerous weapon' as used in this Act shall mean any weapon commonly known as a 'rocket launcher', 'bazooka' or 'recoilless rifle', which fires explosive or non-explosive rockets designed to injure or kill personnel or destroy heavy armor or simi lar weapon used for such purpose. The term shall also mean a weapon commonly known as a 'mortar' which fires high explosive from a metallic cylinder, and which is commonly used by the armed forces as an anti-personnel weapon or similar weapon used for such purpose. The term shall also mean a, weapon commonly known as a 'hand grenade' or other similar weapon which is designed to explode and injure personnel or similar weapon used for such pur pose.:
2. By striking from the beginning of Section 5 the words "Persons Excepted" and substituting in lieu thereof the word "Exceptions."
3. By striking subsection (b) of Section 5 in its entirety and sub stituting in lieu thereof a new subsection (b) to read as follows:
" (b) A member of the National Guard or of the Armed Forces of the United States to-wit: the Army, Navy, Marine Corps, Air Force or Coast Guard, who, while serving therein, possesses such firearms in the line of duty."
The following amendment was read and adopted:
Mr. Levitas of the 118th moves to amend HB 1438 as follows:
By inserting in Section 5 a new Subsection, to be designated Sub section "(d)", to read as follows:
"(d) Each sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon or silencer which is possessed by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon or silencer in accordance with the dictates of the National Fire arms Act, approved August 16, 1964, 68A Stat. 725 (26 U. S. C. 5841-5862)."
By striking from Section 7 the following:
"All laws and parts of laws in conflict with this Act are hereby repealed.",
WEDNESDAY, FEBRUARY 28, 1968
2211
and by inserting- in lieu thereof the following:
"This Act shall be deemed and shall be construed to be cumu lative of and supplemental to any existing laws of this State appli cable to the subject or subjects governed by this Act. Provided, however, that in the event any provisions of this Act are in con flict with existing laws, then the provisions in this Act shall govern and take precedence."
By adding a Section 8, to read as follows:
"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, 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.
Barber Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Bray Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Collins, J. F. Collins, M. Cook Crowe, W. J. Dailey Dixon Dollar Edwards Egan Funk
Gary Gaynor Gignilliat Grahl Graves Hall Hamilton Harrington Harris, J. R. Harrison Howell Hutchinson Joiner Jones, C. M. Jones, M. Kirksey Lambert Lambros Land Lee, W. J. (Bill) Lee, W. S. Levitas Longino
Lowrey Malone Mason Mauldin Maxwell McClatchey
McCracken Melton Merritt Moate Moore, J. H. Mullinax Murphy Nessmith Newton Nimmer Odom Palmer Paris Parrish Phillips Poss Potts Reaves Roach Ross Rowland Rush
Savage Shanahan Sherman Sims Smith, W. L. Snow Starnes
2212
JOURNAL OF THE HOUSE,
Sullivan Sweat Thompson, A. W. Threadgill Townsend
Tucker Vaughn, C. R. Walling Wamble Wells
Wiggins Williams Wood
Those voting in the negative were Messrs.:
Adams Alexander Anderson Ballard Battle Bowen Brown, B. D.
Cole Colwell Cooper, B.
Cox Crowe, William Daugherty Davis DeLong Dent Dickinson Dodson Dorminy Douglas
Fleming Gay Grier Hadaway Henderson Higginbotham Johnson, A. S. Kaylor Knapp Lane, W. J. Leonard Lewis Magoon Matthews, D. R. McDaniell Mixon Moore, Don C. Nash Northcutt Pafford
Parker, C. A. Parker, H. W. Richardson Russell Scarlett Shields Simmons Smith, G. W. Smith, J. R. Stalnaker Thompson, R. Tye Underwood Ward Westlake Whaley Wilson, J. M. Wilson, R. W,
Those not voting were Messrs.:
Barfield Brantley, H. H. Brantley, H. L. Clarke Conner Cooper, J. R. Dean Dillon Doster Fallin Farmer Farrar Floyd Gunter Hale Hargrett
Harris, J. F. Harris, R. W. Hill Holder Hood Howard Howard Jenkins Johnson, B. Jordan, G. Jordan, W. H. Laite Lane, Dick Leggett Lovell Matthews, C.
Miller Moreland Ogle shy Otwell Peterson Pickard Ragland Rainey Shuman Smith, V. T. Steis Turner Vaughan, D. N. Ware Winkles Mr. Speaker
On the passage of the Bill, as amended, the ayes were 100, nays 58.
The Bill, having failed to receive the requisite constitutional majority, was lost.
WEDNESDAY, FEBRUARY 28, 1968
2213
Mr. Levitas of the 118th gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 1438.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 658-1406. By Messrs. Smith of the 54th, Hale of the 1st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for annual appropriations; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
The Constitution is hereby amended by striking Paragraph I and Paragraph II (a) of Section IX of Article VII and inserting in lieu thereof the following:
"Paragraph I. Preparation, submission and enactment of Gen eral Appropriations Bill.
"(a) The Governor shall submit to the General Assembly with in five days after its convening in regular session in 1969 and each year thereafter, a budget message and a budget report, accom panied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the current expenses of the State for the next fiscal year.
" (b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies and meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall begin on the first day of July of each year and end on the last day of the following June.
" (c) The General Assembly, by law, shall provide for the regu lation and management of the finance and fiscal administration of the State.
"Paragraph II. (a) Each General Appropriations Act with such amendments as are adopted thereto shall continue in force and effect for the next fiscal year after adoption and it shall then ex pire except for the mandatory appropriations required by this Con-
2214
JOURNAL OF THE HOUSE,
stitution and those required to meet contractual obligations author ized by this Constitution and the continued appropriation of federal grants.
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide NO ( ) for annual appropriations?"
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 Bowen Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee
Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M.
WEDNESDAY, FEBRUARY 28, 1968
2215
Colwell Cook Cooper, B. Cox Crowe, William Crowe, W. J. Daugherty Davis Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Douglas Edwards Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hood Howard Howell Hutchinson 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) Lee, W. S. Leggett Leonard Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish
Phillips Pickard Poss Potts Rainey 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 Starnes Sullivan Sweat Thompson, R. Threadgill Tucker Turner Tye Underwood Vaughn, C. R. Walling Wamble Ware Wells Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles
Those not voting were Messrs.:
Berry, C. E. Brantley, H. H. Buck Conner
Cooper, J. R. Dailey Dean DeLong
Doster Egan Farrar Hale
2216
Hamilton Harris, J. F. Hill Holder Jordan, W. H. Laite Levitas Lovell
JOURNAL OF THE HOUSE,
Matthews, D. R. Miller Moore, Don C. Oglesby Otwell Peterson Ragland Stalnaker
Steis Thompson, A. W. Townsend Vaughan, D. N. Ward Williams Wood Mr. Speaker
On the adoption of the Resolution, the ayes were 169, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HB 1015. By Messrs. Caldwell of the 51st and McCracken of the 49th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to allow the inclusion of interest when computing retirement allowances; and for other purposes.
The following substitute, offered by the Committee on State of Republic, was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 160), an Act approved February 26, 1957 (Ga. Laws 1957, p. 172), an Act approved March 13, 1957 (Ga. Laws 1957, p. 465), an Act approved March 5, 1959 (Ga. Laws 1959, p. 107), an Act approved April 12, 1963 (Ga. Laws 1963, p. 546), an Act approved February 19, 1964 (Ga. Laws 1964, p. 119), and an Act approved April 18, 1967 (Ga. Laws 1967, p. 751), so as to require at least ten (10) years of creditable service before retirement for persons becoming members of the System on or after July 1, 1968; to provide for retirement on the first day of any month following a member's sixty-fifth (65th) birthday; to remove the provision relative to approval by the General Assembly of a plan pertaining to retirement adjustments adopted by the Board of Trustees; to provide for the determination of average salary over a period of eight (8) calendar quarters and a limita tion on the inclusion of increases and decreases therein for certain members; to limit the percentage of the assets of the Retirement System which may be invested in equities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, par-
WEDNESDAY, FEBRUARY 28, 1968
2217
ticularly by an Act approved December 17, 1953 (Ga. Laws 1953, NovDec. Sess., p. 160), an Act approved February 26, 1957 (Ga. Laws 1957, p. 172), an Act approved March 13, 1957 (Ga. Laws 1957, p. 465), an Act approved March 5, 1959 (Ga. Laws 1959, p. 107), an Act approved April 12, 1963 (Ga. Laws 1963, p. 546), an Act approved February 19, 1964 (Ga. Laws 1964, p. 119), and an Act approved April 18, 1967 (Ga. Laws 1967, p. 751), is hereby amended by adding at the end of paragraph (a) of subsection 5 the following:
"Provided, however, any person becoming a member on or after July 1, 1968 must have ten (10) or more years of creditable service before being eligible to retire as provided for in this paragraph.",
so that when so amended paragraph (a) of subsection (1) of Section 5 shall read as follows:
"(a) Any member in service and with five (5) or more years of creditable service may retire on a service retirement allowance upon written application to the Board of Trustees setting forth at what time, not less than thirty (30) nor more than ninety (90) days subsequent to the execution and filing thereof, he desires to be retired, provided the member, at the time so specified for retire ment, has attained age sixty (60) or has thirty (30) years of creditable service and notwithstanding that during such period of notification he may have separated from service. Provided, however, any person becoming a member on or after July 1, 1968 must have ten (10) or more years of creditable service before being eligible to retire as provided for in this paragraph."
SECTION 2
Said Act is further amended by striking paragraph (b) of sub section (1) of Section 5 in its entirety and inserting in lieu thereof a new paragraph (b) to read as follows:
"(b) From and after June 30, 1957, every employee covered under the provisions of this Act, upon recommendation of his de partment head to the Board of Trustees, shall be retired on the first day of any calendar month following that in which he attains the age of sixty-five (65) years. Every such employee who has attained the age of seventy-five (75) years shall be retired forth with. On and after June 30, 1955, every such employee who at that time has attained the age of seventy (70) years, shall be retired forthwith, and thereafter every such employee shall be retired on the first day of the calendar month next succeeding that in which he
attains the age of seventy (70) years; provided, that nothing in this Act shall preclude the employment or continued employment of persons in any age category with professional, scientific and/or
technical skills who are so certified to the Board of Trustees by their department head."
SECTION 3
Said Act is further amended by striking from paragraph (e) of subsection (2) of Section 5 the following:
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JOURNAL OF THE HOUSE,
"Provided that if such plan is adopted by said Board it shall first have prior approval of the General Assembly.",
so that when so amended paragraph (e) of subsection (2) of Section 5 shall read as follows:
"(e) On a date to be established by the Board of Trustees but not before April 1, 1967, the Board is hereby authorized to adopt a method of providing for postretirement benefit adjustments for the purpose of maintaining essentially no less purchasing power for a beneficiary in his postretirement years. Such method of adjustment shall be based upon:
(1) A recommendation of the Board's Actuaries.
(2) Maintaining the actuarial soundness of the System.
(3) Its application to the retirement income of any beneficiary retiring on or after the adoption of such method by the Board of Trustees.
(4) Any additional contribution by the member to be in an amount not to exceed one-fourth of one percent of his monthly earnable compensation."
SECTION 4
Said Act is further amended by striking from the second paragraph of subsection (7) of Section 6 the following:
"be applied to the member's average monthly earnable com pensation during a five (5) year period",
and inserting in lieu thereof the following:
'"for those members retiring on and after April 1, 1968, be applied to the member's average monthly earnable compensation during a period of eight (8) consecutive calendar quarters not to include any increase or decrease in salary in excess of two (2) five percent (5%) increases or decreases during such eight (8) calendar quarters",
so that when so amended subsection (7) of Section 6 shall read as follows:
"(7) Any other provisions of law to the contrary notwith standing, the Board of Trustees, in keeping with the actuarial
soundness of the System, may from time to time and after an actuarial investigation into the benefit structure of the System, and for the administration of the Social Security program, adopt such tables, calculations, compensation and deduction schedules as it shall deem desirable in connection with the proper operation of the System. Provided, however, that any calculations (actuarial or
WEDNESDAY, FEBRUARY 28, 1968
2219
otherwise) or benefits provided hereunder shall be made on the basis of final monthly earnings being defined as a member's highest total monthly earnable compensation as reflected by monthly con tributions during employment except that no salary increase by adjustment in compensation in any manner in excess of ten (10) percent during the last twelve months of membership service shall be included in this definition of final monthly earnings. Provided, further, however, that in the application of any adopted tables or cal culations, as such may be applicable to any member, such tables and the application thereof shall not diminish or impair the amount of any allowances or benefits which would have been payable to the member by use of tables or calculations that were in effect on Janu ary 1, 1959. The Board of Trustees may also, from time to time, establish rules and regulations for the administration of the funds created by this Act and for the transaction of its business.
On and after April 1, 1964, the Board of Trustees is hereby authorized to adopt simplified benefit tables which will enable a member to estimate his retirement allowances. Such tables, as adopted, shall (1) be based on an actuarial study, (2) maintain the actuarial soundness of the System, (3) for those members retiring on and after April 1, 1968, be applied to the member's average monthly earnable compensation during1 a period of eight (8) con secutive calendar quarters not to include any increase or decrease in salary in excess of two (2) five percent (5%) increases or decreases during such eight (8) calendar quarters, and (4) be ap plicable to all members. Provided, however, the above provisions or the application of such tables shall not reduce or impair the amount of any allowances or benefits to which any person who was a member on April 1, 1964, would have been entitled at that time or would be entitled at any time thereafter under tables or calculations which were in effect at that time or at any time prior thereto or at any time prior to the adoption of such simplified benefit tables."
SECTION 5
Said Act is further amended by adding in subsection (1) of Section 7 after the words "the making and disposing of their investments" the words "except, however, the Board of Trustees shall be limited to invest not more than fifty percent (50%) of the assets of the Retirement System in equities;", so that when so amended subsection (1) of Section 7 shall read as follows:
"(1) The members of the Board of Trustees shall be the trustees of the Retirement System, and shall have full power to invest and reinvest such assets, subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments, except, however, the Board of Trustees shall be limited to invest not more than fifty per-cent (50%) of the assets of the Retirement System in equities; and, subject to like terms, conditions, limitations and restrictions, the Trustees shall have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the assets
2220
JOURNAL OP THE HOUSE,
of the system are invested, including the proceeds of any invest ments and any money belonging to the System. The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as invest ment advisors and counselors, making recommendations for invest ments and making investments if the Board so authorizes."
SECTION 6
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 524-1104. By Messrs. Parker of the 55th, Lane of the 64th and others:
A Resolution directing the State Revenue Commissioner to undertake a complete examination of properties owned by public utilities in order to ascertain their true market values for ad valorem taxation purposes; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1405. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend Code Section 49-701, so as to increase the amount which can be remitted to the ordinaries belonging to minors and insane persons who have no legal guardians; and for other purposes.
WEDNESDAY, FEBRUARY 28, 1968
2221
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock tomorrow morning.
The motion prevailed and the Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
2222
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, February 29, 1968
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 W. Laite, Retired Methodist Minister, Tallahassee, Florida.
By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Thursday, February 29, 1968, and submits the following:
HB
854. Tax, motor fuel, Federal and State Excise taxes
HR 399- 912. Development Authorities, create
THURSDAY, FEBRUARY 29, 1968
2223
HB
920. Solicitors-General, Emeritus (Reconsidered)
HB
945. Georgia Milk Stabilization Commission
HB
948. Alcoholic beverages, fixtures, contraband
HB
982. Motor fuel, distributors increase excise tax
HB
984. Motor fuel tax, purchased out of State
HB 1156. Public Assistance Act, payments after certain date
HB 1165. Non-resident, doing business in State
HR 537-1179. Ad valorem taxes, persons exempt
HB 1195. Auction sales, auctioneer agent to both parties
HB 1197. Negotiable instruments, real estate tax
HB 1217. Planning Commission, counties and municipalities
HB 1246. Governor, purchase of passenger automobiles
HR 596-1247. Sales tax, personal property, out of State
HR 597-1247. Sales tax, ratify, Holy Bible
HR 598-1247. Sales tax, ratify, Non-Profit Hospitals
HR 599-1247. Sales tax, ratify, Non-Profit Schools
HR 600-1247. Governor, Executive Center, official residence
HR 603-1280. Convey land, Stephens County
HR 608-1295. Teachers' Retirement, retirement allowances
HB 1311. Pornographic material, unlawful to sell
HB 1313. Presidential electors, nomination petitions
HB 1333. Commercial feed stuffs, inspection fees
HB 1340. Superior and City Courts, microfilm matters
HB 1344. Alcoholic beverages, sales certain counties
HB 1375. State Board of Education, persons enter contracts
HB 1377. Lake Lanier Islands Development Authority
HB 1420. Municipal and counties, create Planning Department
HB 1423. Elective officers, tenure, salary
HB 1453. Retail liquor stores, license
HB 1462. Sales Tax - retail transactions
HR 679-1465. Levy of taxes, Pulton County
HB 1478. Motor carriers tax, use of streets and highways
HR 716-1518. State Board of Pardons and Paroles-filling of vacancies of Board
2224
JOURNAL OF THE HOUSE,
HR 725-1550. General Assembly members elected different from Governor
HB 1583. Airport-Sales of wines
HB 1584. Airport - Sale of malt beverages
HB 1585. Airport - Sale of Alcoholic beverages
SB
30. Trial Judges and Solicitors' Retirement Fund
SB
31. Superior Court Judges' Emeritus
SB
214. Contract, statute of limitations
SB
218. Commission on Arts
SB
293. General Assembly bills, salary bills
SB
314. Sale Tax, saw dust and wood shavings
SB
315. Real Estate Commission, members
ALL COMPENSATION RESOLUTIONS
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, George D. Busbee, 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 1618. By Messrs. Howard and McDaniell of the 101st and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Elizabeth, so as to reincorporate the Town of Elizabeth as Empire City; to define the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1619. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd and Wilson of the 102nd: A Bill to be entitled an Act to repeal an Act incorporating Machinery City in the County of Cobb; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1620. By Messrs. Walling and Farrar of the 118th and Jenkins of the 119th: A Bill to be entitled an Act to amend an Act amending, revising, super seding and consolidating the laws pertaining to the governing authority
THURSDAY, FEBRUARY 29, 1968
2225
of DeKalb County and creating a Chairman and Board of Commission ers of Roads and Revenues, so as to reconstitute commissioner districts and to redefine the duties and powers of the Chairman and the Executive Assistant and for other purposes.
Referred to the Committee on Local Affairs.
HB 1621. By Messrs. Walling, Farrar and Levitas of the 118th, Jenkins of the 119th, Vaughn, Palmer and Malone of the 117th:
A Bill to be entitled an Act to amend an Act amending, revising, super seding and consolidating the laws pertaining to the governing author ity of DeKalb County and creating a Chairman and Board of Commis sioners of Roads and Revenues, so as to provide for the nonpartisan election of the Chairman and members of the Board of Commissioners of Road and Revenues for DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1623. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing in lieu thereof an annual salary for the Ordinary, so as to change the compensation of the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1624. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing in lieu thereof an annual salary for the Sheriff, so as to change the com pensation of the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1625. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of the superior court of Fayette 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 1626. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Fayette County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 1627. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style, so as to provide for a referendum for annexation of property to be held within six months after passage of this Act; and for other purposes.
Referred to the Committee on Local Affairs.
HR 779-1627. By Messrs. Miller of the 108th, Ragland and Laite of the 109th:
A Resolution proposing an amendment to the Constitution so as to pro vide the procedure where taxes other than ad valorem property taxes may be assessed by Bibb County and the City of Macon; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1628. By Mr. Moate of the 39th:
A Bill to be entitled an Act to reincorporate the City of Sparta in the County of Hancock; to create a new charter for said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1629. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend Code Section 92-4901, relating to the duties of the tax collector, so as to provide additional duties for the tax collector; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1630. By Messrs. Gates, Turner and Cook of the 123rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, so as to change the terms of office of the mayor and council; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1631. By Messrs. Howard of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to amend an Art amending, revising, consolidating, and superseding several Acts incorporating the Town of Austell and reincorporating said Town as a City, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, FEBRUARY 29, 1968
2227
HR 781-1631. By Messrs. Williams of the 16th, Crowe of the 1st, Knapp of the 109th, Gary of the 35th, Smith of the 44th and Vaughan of the 14th:
A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 782-1631. By Mr. Dixon of the 83rd:
A Resolution proposing an amendment to the Constitution so as to pro vide that the powers, duties and responsibilities of the sheriff of Ware County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision thereof, shall be exercised by a county police force which shall be established by the governing authority of Ware County; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1590. By Mr. Mason of the 22nd:
A Bill to be entitled an Act to amend the Act of the General Assembly of Georgia, so as to redefine the City Limits of the City of Lawrenceville, in the County of Gwinnett; and for the purposes.
HB 1591. By Mr. Kirksey of the 87th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Iron City in the County of Seminole, so as to change the date for electing the mayor and aldermen; and for other purposes.
HB 1592. By Mrs. Hamilton of the 137th, Messrs. Daugherty of the 134th, Bond of the 136th, Turner of the 123rd, Hill of the 121st and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to wards; and for other purposes.
HB 1593. By Mr. DeLong of the 105th:
A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for an oath of office for wardens, guards and other custodial officers; arid for other purposes.
HB 1594. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Cairo in Grady County, so as to provide for fixing and publishing
2228
JOURNAL OF THE HOUSE,
the salaries of the judge, solicitor and clerk of said court; and for other purposes.
HB 1595. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to amend an Act abolishing the mode of com pensating the sheriff of Grady County, so as to change the salary schedule of the chief deputy and the clerk; and for other purposes.
HB 1596. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to provide that the owner of any real prop erty of his agent may challenge the assessment value fixed for his property by the county tax assessors; and for other purposes.
HB 1597. By Messrs. Rush of the 75th, Shuman of the 65th and Floyd of the 7th:
A Bill to be entitled an Act to amend Code Chapter 47-5, relating to appropriations, so as to provide that neither House of the General As sembly shall take any action on any general appropriation bill or sup plemental appropriation bill after the same shall be reported out of committee for consideration by the entire House or Committee of the Whole until 48 hours shall have elapsed from the printing of any sub stitute to such a bill and the placing of the printed substitute on each member's desk; and for other purposes.
HR 732-1597. By Messrs. Vaughan of the 14th and Harris of the 14th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the powers of county government; and for other purposes.
HR 733-1597. By Mr. Colwell of the 5th:
A Resolution designating a certain highway in Union and White Counties, Georgia as the Richard B. Russell Scenic Highway; and for other purposes.
HB 1598. By Mr. Mason of the 22nd:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to supplement the salary of the Judge of the Superior Court of the Gwinnett Judicial Circuit from the funds of Gwinnett County; and for other purposes.
HB 1599. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Stephens County, so as to provide that the salary ol the Judge
THURSDAY, FEBRUARY 29, 1968
2229
of the City Court shall be $3,600.00 per annum; and for other pur poses.
HB 1600. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to provide for the election of members of the board of education of Butts County; and for other purposes.
HR 734-1600. By Mr. Moore of the 12th:
A Resolution proposing an amendment to the Constitution so as to create the Stephens County Development Authority; and for other purposes.
HB 1601. By Mr. Kirksey of the 87th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Miller County, so as to change from the warrant system to the check system; and for other purposes.
HB 1602. By Mr. Kirksey of the 87th:
A Bill to be entitled an Act to change the method of selecting the mem bers of the Board of Education of Miller County; and for other pur poses.
HB 1603. By Mr. Poss of the 17th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County, so as to change the provisions relating to the allowances provided for the clerk of the superior court; and for other purposes.
HB 1604. By Mr. Poss of the 17th:
A Bill to be entitled an Act to amend an Act creating a board of Com missioners of Roads and Revenues of Madison County, so as to provide for the compensation of the clerk of the Board of Commissioners; and for other purposes.
HB 1605. By Mr. Poss of the 17th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the Sheriff of Madison County, so as to change the additional funds such officer shall receive to compensate deputies; and for other purposes.
2230
JOURNAL OF THE HOUSE,
HB 1606. By Mr. Poss of the 17th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Banks County, so as to change the provisions relating to the election of the members of said board; and for other purposes.
HB 1607. By Messrs. Gary of the 35th, Lee of the 35th and Longino of the 122nd:
A Bill to be entitled an Act to amend an Act classifying property for taxation, so as to provide that any grant or conveyance by any city, county or other tax-exempt owner to use or possess real property shall be classified as real property and shall be subject to taxation; and for other purposes.
HB 1608. By Messrs. Carnes of the 129th, Lambros of the 130th, McClatchey of the 138th, Townsend of the 140th and others:
A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of the public school systems of each city of this state having a population of more than 300,000; and for other pur poses.
HR 735-1608. By Mr. Moate of the 39th:
A Resolution proposing an amendment to the Constitution so as to create the Putnam County Development Authority; and for other purposes.
HB 1609. By Messrs. Cook of the 123rd, Townsend of the 140th, Carnes of the 129th, Lambros of the 130th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits of said city; and for other purposes.
HB 1610. By Messrs. 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 incorporating Chattahoochee Plantation, so as to change the corporate limits of said municipal ity; and for other purposes.
HB 1611. By Mr. Harris of the 85th:
A Bill to be entitled an Act to create the Brunswick-Glynn County Charter Commission; and for other purposes.
THURSDAY, FEBRUARY 29, 1968
2231
HR 736-1611. By Mr. Dean of the 20th:
A Resolution proposing an amendment to the Constitution so as to pro vide that each person who is 70 years of age or over at the beginning of any calendar year is hereby granted an exemption from all ad va lorem taxes levied for educational or school purposes including ad valorem taxes levied to pay interest on and retire bonded indebtedness, for educational or school purposes, by the State, any county, any mun icipality or any other political subdivision; and for other purposes.
HB 1613. By Messrs. Dean and Moore of the 20th:
A Bill to be entitled an Act to reincorporate the City of Rockmart in the County of Polk; to create a new charter for said city; and for other purposes.
HB 1614. By Messrs. Maxwell and Fleming of the 106th, Sherman and DeLong of the 105th, Cheeks and Dent of the 104th:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in the County of Richmond, so as to change the method of filling vacancies on said Board; and for other purposes.
HB 1615. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a Charter to that municipality under that name and style; and for other purposes.
HB 1616. By Messrs. Bond of the 136th, Brown of the 135th, Alexander of the 133rd, Hill of the 121st and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Atlanta", so as to provide that of the two aldermen elected in each ward, one shall be elected by a majority vote of the qualified voters of the ward, and the second shall be elected by a majority of the qualified voters of the City of Atlanta; and for other purposes.
HR 737-1616. By Messrs. Smith of the 54th and Chandler of the 47th:
A Resolution authorizing the State Properties Control Commission to amend the present and existing lease of the Western & Atlantic Rail road, dated May 11, 1917, so as to postpone for six months, to June 27, 1969, the date by which the State, under Section 13, Subsection 1, of said lease, must give to the lessee of said railroad notice of the State's de sire to acquire any or all property or properties acquired by the lessee during the term of said lease and used for the convenient operation of said railroad; and for other purposes.
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JOURNAL OF THE HOUSE,
HR 738-1616. By Mr. Johnson of the 40th:
A Resolution proposing an amendment to the Constitution so as to create the Glascock County Industrial Development Authority; and for other purposes.
HR 739-1616. By Mr. Johnson of the 40th:
A Resolution proposing an amendment to the Constitution so as to create the Warren County Industrial Development Authority; and for other purposes.
HR 740-1616. By Messrs. Vaughn and Malone of the 117th:
A Resolution proposing an amendment to the Constitution to provide that notwithstanding the Seven per cent debt limitation provided in Article VII, Sec. VII, Para. I, the debt incurred by the Rockdale County Board of Education for the Rockdale County School District may exceed Seven per cent of the assessed value of all the taxable property in said school district; and for other purposes.
HB 1617. By Messrs. Farrar, Harris, Levitas and Walling of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act placing the solicitorgeneral of the Stone Mountain Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the solicitor-general of the Stone Mountain Judicial Circuit; and for other purposes.
HB 1622. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 92-5902, relating to the tax returns of public utilities, so as to provide that persons or companies operating tugboats in not more than one county in this State shall not be required to make annual tax returns of their property to the State Revenue Commission; and for other purposes.
SB 191. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to provide for the settlement of disputes concerning wages and rate of pay and other terms and conditions of employment of employees of fire departments; and for other purposes.
SB 208. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for the suspension of benefits under certain conditions; and for other purposes.
THURSDAY, FEBRUARY 29, 1968
2233
SB 349. By Senators Knight of the 16th, Shea of the 3rd, Gardner of the 1st and Lee of the 47th:
A Bill to be entitled an Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, so as to delete the provision which prohibits females from working in liquor stores; and for other purposes.
Mr. Odom of the 79th, Vice-Chairman of the Committee on Appropriations submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1550. Dd Pass. HR 456-1013. Do Pass. HR 108- 252. Do Pass as amended. HR 448- 973. Do Pass as Amended. HR 478-1029. Do Pass.
Respectfully submitted, Odom of the 79th Vice-Chairman.
Mr. Floyd of the 7th, Chairman of the Committee on Appropriations sub mitted the following report.
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 427- 941. Do Pass. HR 712-1486. Do Pass. HR 710-1479. Do Pass. HR 533-1156. Do Pass as Amended. HR 402- 912. Do Pass as Amended. HR 685-1477. Do Pass as Amended. HR 480-1037. Do Pass as Amended.
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JOURNAL OF THE HOUSE,
HR 532-1156. Do Pass as Amended. HR 194- 604. Do Pass as Amended. HR 483-1037. Do Pass as Amended. HR 549-1200. Do Pass as Amended.
Respectfully submitted, Floyd of the 7th Chairman.
Mr. Barber of the 24th, Chairman of the Committee on Education submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 121. Do Not Pass. HB 909. Do Pass as Amended.
SB 247. Do Pass. Respectfully submitted, Barber of the 24th
Chairman.
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1431. Do Not Pass. HB 329. Do Pass by Substitute.
SB 240. Do Pass. SB 154. Do Pass.
Respectfully submitted, Sweat of the 83rd Vice-Chairman.
THURSDAY, FEBRUARY 29, 1968
2235
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 Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB
971. Do Pass.
HB 1507. Do Pass.
HB 1513. Do Pass by Substitute.
HR 713-1512. Do Pass.
HR 724-1550. Do Pass.
SB
309. Do Pass.
SB
310. Do Pass as Amended.
SB
311. Do Pass.
SB
312. Do Pass.
SB
313. Do Pass.
HB 1527. Do Pass.
HB 1530. Do Pass as Amended.
HB 1536. Do Pass.
HB 1562. Do Pass.
HB 1563. Do Pass.
HB 1564. Do Pass.
HB 1565. Do Pass.
HB 1566. Do Pass.
HB 1567. Do Pass.
HB 1568. Do Pass.
HR 723-1549. Do Pass.
HR 730-1585. Do Pass.
SR
179. Do Pass by Substitute.
HB 1481. Do Pass.
HB 1589. Do Pass.
HB 1591. Do Pass.
HB 1594. Do Pass.
HB 1595. Do Pass.
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JOURNAL OF THE HOUSE,
HB 1601. Do Pass.
HB 1602. Do Pass.
HB 1603. Do Pass.
HB 1604. Do Pass.
HB 1605. Do Pass as Amended.
HB 1606. Do Pass.
HB 1609. Do Pass.
HB 1610. Do Pass.
HB 1613. Do Pass.
HR 734-1600. Do Pass.
HR 735-1608. Do Pass.
HR 738-1616. Do Pass.
HR 739-1616. Do Pass.
SB
308. Do Pass.
HB 1533. Do Pass.
SB 272. Do Pass.
Respectfully submitted,
Clarke of the 45th,
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 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 1612. Do Pass as Amended. HB 1039. Do Pass.
Respectfully submitted, Steis of the 100th, Chairman.
Mr. Chandler of the 47th, Chairman of the Committee on State Institutions & Property submitted the following report:
THURSDAY, FEBRUARY 29, 1968
2237
Mr. Speaker:
Your Committee on State Institutions & Property has had under considera tion the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommenda tions:
HB 1586. Do Pass.
HB 1593. Do Pass.
HR 737-1616. Do Pass.
HR 715-1515. Do Pass. Respectfully submitted,
Colwell of the 5th,
Secretary.
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 ing Bills of the House & Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1622. Do Pass. HB 1020. Do Pass. SB 246. Do Pass. HB 1172. Do Pass.
Respectfully submitted, McCracken of the 49th, Chairman.
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 349. Do Pass.
Respectfully submitted,
Paris of the 23rd,
Chairman.
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JOURNAL OF THE HOUSE,
Mr. Melton of the 34th, Chairman of the Committee on Ways & Means sub mitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the follow ing Bill and Resolution of the House and has instructed me as Chairman, to re port the same back to the House with the following recommendations:
HB 910. Do Pass by Substitute. HR 778. Do Pass.
Respectfully submitted, Melton of the 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 House, to-wit:
HB 1316. By Mr. Jordan of the 82nd: A Bill to abolish the present Board of Education of Coffee County and to create in lieu thereof a new Board of Education for Coffee County; and for other purposes.
HB 1317. By Mr. Jordan of the 82nd:
A Bill to amend an Act creating the office of commissioner of roads and revenues in the County of Coffee, so as to create a Board of Com missioners of Roads and Revenues of Coffee County to be composed of five members; and for other purposes.
HB 1343. By Mr. Jordan of the 82nd:
A Bill to amend an Act creating the charter for the City of Douglas so as to provide for the election of the members of the Board of Com missioners by a majority vote; and for other purposes.
HB 1347. By Messrs. Odom, Hutchinson, Lee and Busbee of the 79th:
A Bill to amend an Act entitled "An Act to provide and empower the City of Albany to furnish aid and relief and to grant pensions to all
THURSDAY, FEBRUARY 29, 1968
2239
employees of said City", so as to increase the amount which the City of Albany may levy and assess against the salaries of employees to fund the cost of pensions; and for other purposes.
HB 1356. By Messrs. Fleming and Maxwell of the 106th, Cheeks and Dent of the 104th, Sherman and DeLong of the 105th:
A Bill to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, so as to provide that the pension funds held by the custodian thereof may be invested in such investments as do mestic life insurance companies are permitted to make under the laws of Georgia; and for other purposes.
HB 1362. By Mr. Ross of the 31st:
A Bill to amend an Act placing the sheriff, ordinary and clerk of the Superior Court of Wilkes County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.
HB 1364. By Mr. Savage of the 58th:
A Bill to amend an Act providing that the Ordinary of Macon County be placed on a salary in lieu of fees so as to change the compensation of said Ordinary; and for other purposes.
HB 1376. By Mr. Land of the 53rd:
A Bill to incorporate the Town of Irwinton, and to grant a new charter to said town; and for other purposes.
HB 1379. By Messrs. Vaughn and Harris of the 14th:
A Bill to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide the sheriff shall hire a day jailer, night jailer, and a cook or cooks; and for other purposes.
HB 1380. By Mr. Jordan of the 82nd:
A Bill to amend an Act incorporating the City of Ambrose in Coffee County, so as to provide that the Treasurer of said City shall file a statement of all receipts and disbursements of the City of Ambrose with the clerk of superior court of Coffee County during January and July of each year; and for other purposes.
HB 1381. By Mr. Jordan of the 82nd:
A Bill to amend an Act providing and establishing a new charter for the Town of Nichols, so as to provide that the Treasurer of said City
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JOURNAL OP THE HOUSE,
shall file a statement of all receipts and disbursements of the City of Nichols with the clerk of the Superior Court of Coffee County during January and July of each year; and for other purposes.
HB 1382. By Mr. Jordan of the 82nd:
A Bill to amend an Act incorporating the City of Broxton in the County of Coffee, so as to provide that the Treasurer of said city shall file a statement of all receipts and disbursements of the City of Broxton with the clerk of the superior court of Coffee County during January and July of each year; and for other purposes.
HB 1383. By Mr. Jordan of the 82nd:
A Bill to amend an Act creating the office of Commissioners of Roads and Revenues of the County of Coffee, so as to provide that the clerk of the Board of Commissioners of Roads and Revenues shall file a state ment of all receipts and disbursements of Coffee County with the clerk of the superior court of said county during January and July of each year; and for other purposes.
HB 1384. By Mr. Dickinson of the 27th:
A Bill to provide for the appointment of the County School Superinten dent of Douglas County by the Board of Education; and for other pur poses.
HB 1385. By Mr. Wamble of the 90th:
A Bill to create a new Board of Education of Grady County; and for other purposes.
HB 1387. By Messrs. Matthews and Fallin of the 94th:
A Bill to amend an Act placing the county officers of Colquitt County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of the Ordinary of Colquitt County; and for other purposes.
HB 1403. By Messrs. Lee, Gary, and Northcutt of the 35th:
A Bill to amend an Act creating a civil service system for employees of Clayton County, so as to change the provisions relating to coverage of employees; and for other purposes.
HB 1406. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A Bill to amend an Act consolidating, revising and superseding the charter of the City of Elizabeth, so as to change the corporate limits of said city; and for other purposes.
THURSDAY, FEBRUARY 29, 1968
2241
HB 1408. By Messrs. DeLong and Sherman of the 105th, Fleming and 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 county officers of certain counties, so as to provide for additional deputy sheriffs; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 1388. By Messrs. Odom, Hutchinson, Lee and Busbee of the 79th:
A Bill to amend an Act creating a new charter for the City of Albany, so as to authorize the City Commissioners to excuse absence of Com missioners from meetings under certain conditions; to provide the employment of a city physician shall be discretionary with the City Commission rather than mandatory; and for other purposes.
HB 1411. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to designate the Board of Com missioners of Roads and Revenues of Clayton County as the fiscal au thority of the county; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 248. By Senator Johnson of the 38th:
A Bill to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing authorities in certain munici palities; to change the terms of office and qualifications of the com missioners of housing authorities in certain municipalities; and for other purposes.
SB 374. By Senator London of the 50th:
A Bill to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; to provide for an oath; and for other purposes.
SB 378. By Senators Coggin of the 35th, Johnson of the 38th, Sells of the 37th and others:
A Bill to amend an Act entitled "An Act to incorporate the City of Hapeville to give said City jurisdiction beyond the corporate limits as
2242
JOURNAL OF THE HOUSE,
extended a prescribed distance for police, sanitary; to repeal conflicting laws; and for other purposes.
SB 379. By Senators Coggin of the 35th, Johnson of the 38th, Sells of the 37th and others:
A Bill to amend an Act incorporating Union City; to repeal conflicting laws; and for other purposes.
SB 380. By Senator Kennedy of the 4th:
A Bill to incorporate the City of Daisy in Evans County and provide a charter for said City; to repeal conflicting laws; and for other purposes.
SB 382. By Senator McGill of the 24th:
A Bill to create and incorporate the Town of Rayle in the County of Wilkes; to grant a charter to that municipality under that name and style; to repeal conflicting laws; and for other purposes.
The Senate has returned, as requested by the House, for the purpose of correcting an inadvertancy the following Bill of the Senate, to-wit:
SfB 234. By Senators Eldridge of the 7th, Flowers of the 10th, Young of the 13th and Rowan of the 8th:
A Bill to establish the State Department of Air Transportation; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House amendments to the following Bill of the Senate, to-wit:
SB 120. By Senator Miller of the 43rd:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954, so as to change the punish ment for persons; convicted of driving while under the influence of intoxicating liquors; and for other purposes.
The Senate insists on its amendments and has appointed a Committee of Conference on the following Bill of the House, to-wit:
HB 1055. By Messrs. McCracken of the 39th, Wiggins of the 32nd, Maxwell of the 106th and others:
A Bill to amend Code Chapter 34-7, relating to election districts and polling places, so as to provide that no election district shall contain more than 2,000 electors if at the last general election all persons
THURSDAY, FEBRUARY 29, 1968
2243
desiring to do so had not completed voting one hour following the closing of the poll; and for other purposes.
The President has appointed on the part of the Senate the following Sena tors Broun of the 46th, Kilpatrick of the 44th and Gardner of the 1st.
The Senate has adopted by the requisite constitutional majority the follwing Resolutions of the Senate and House, to-wit:
SR 218. By Senators Johnson of the 38th, Stephens of the 36th and others:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Atlanta to issue bonds without referendum and without regard to limitations on the maximum indebtedness authorized by other provisions of this Constitution; and for other purposes.
SR 224. By Senators Shea of the 3rd, Gardner of the 1st and Searcey of the 2nd:
A Resolution proposing an amendment to the Constitution of the State of Georgia to provide for the appointment of the Tax Commissioner of Chatham County; and for other purposes.
HR 535-1179. By Mr. Kirksey of the 87th:
A Resolution proposing an amendment to the Constitution so as to create the Colquitt and Miller County Development Authority; and for other purposes.
HR 622-1352. By Mr. Edwards of the 57th:
A Resolution proposing an amendment to the Constitution so as to create the Taylor County Industrial Development Authority; and for other purposes.
HR 623-1354. By Messrs. Pickard, Jones and Buck of the 112th, Shields and Thompson of the lllth and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the commissioners of roads and revenues of Muscogee County to enact ordinances for the policing of the public property; and for other purposes.
HR 627-1367. By Mr. Hadaway of the 46th:
A Resolution proposing an amendment to the Constitution so as to create the Jasper County Industrial Development Authority; and for other purposes.
2244
JOURNAL OF THE HOUSE,
HR 629-1373. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Copper of the 103rd:
A Resolution proposing an amendment to the Constitution so as to change the composition of Education District No. 2 in Cobb County; and for other purposes.
HR 631-1401. By Mr. Brantley of the 63rd:
A Resolution proposing an amendment to the Constitution, so as to create the Evans County Industrial Development Authority; and for other purposes.
HR 633-1401. By Messrs. Farmer and Matthews of the 29th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election districts within said county; and for other purposes.
HR 670-1440. By Messrs. Cole, Smith and Leonard of the 3rd:
A Resolution proposing an amendment to the Constitution so as to create the Dalton-Whitfield County Development Authority; and for other purposes.
The Senate has adopted, as amended, by the requisite constitutional majority the following Resolutions of the House, to-wit:
HR 496-1084. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to create the Camden County Development Authority; and for other purposes.
HR 619-1345. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to create the Woodbine Development Authority; and for other purposes.
HR 624-1354. By Messrs. Rainey and Bowen of the 69th:
A Resolution proposing an amendment to the Constitution so as to create the Cordele Office Building Authority; and for other purposes.
HR 632-1401. By Mr. Shuman of the 65th:
A Resolution proposing an amendment to the Constitution so as to create the Effingham County Industrial Development Authority; and for other purposes.
THURSDAY, FEBRUARY 29, 1968
2245
HR 668-1435. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution so as to create the Webster County Industrial Development Authority; and for other purposes.
HR 669-1440. By Messrs. Smith, Leonard and Cole of the 3rd:
A Resolution proposing an amendment to the Constitution so as to create the City of Dalton Building Authority; and for other purposes.
HR 674-1450. By Messrs. Rainey and Bowen of the 69th:
A Resolution proposing an amendment to the Constitution so as to create the Crisp County-Cordele Industrial Development Authority; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 248. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing authori ties in certain municipalities; and for other purposes.
Referred to the Committee on Local Affairs.
SB 374. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; and for other purposes.
Referred to the Committee on Local Affairs.
SB 378. By Senators Coggin of the 35th, Johnson of the 38th, Sells of the 37th, and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to incor porate the City of Hapeville", to give said City of Hapeville jurisdiction beyond the corporate limits as extended a prescribed distance for police, sanitary; and for other purposes.
Referred to the Committee on Local Affairs.
SB 379. By Senators Coggin of the 35th, Johnson of the 38th, Sells of the 37th and others:
A Bill to be entitled an Act to amend an Act incorporating Union City, and the several Acts amendatory thereof; and for other purposes.
Referred to the Committee on Local Affairs.
2246
JOURNAL OF THE HOUSE,
SB 380. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to incorporate the City of Daisy in Evans County, and provide a charter for said city; and for other purposes.
Referred to the Committee on Local Affairs.
SB 382. By Senator McGill of the 24th:
A Bill to be entitled an Act to create and incorporate the Town of Rayle in the County of Wilkes; to grant a charter to that municipality under that name and style; and for other purposes.
Referred to the Committee on Local Affairs.
SR 218. By Senators Johnson of the 38th, Stephens of the 36th, Smith of the 34th and others:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Atlanta to issue bonds without referendum and without regard to limitations on the maximum indebtedness authorized by other provisions of this Constitution; and for other purposes.
Referred to the Committee on Local Affairs.
SR 224. By Senators Shea of the 3rd, Gardner of the 1st and Searcey of the 2nd:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the Tax Commissioner of Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
SB 308. By Senators Sells of the 37th, Ward of the 30th, Smith of the 34th and others:
A Bill to be entitled an Act to amend the Act creating a Joint CityCounty Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, so as to abolish the position of Office Manager of the Joint City-County Board of Tax Assessors; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
THURSDAY, FEBRUARY 29, 1968
2247
The Bill, having received the requisite constitutional majority, was passed.
SB 309. By Senators Maclntyre of the 40th, Smith of the 34th, Sells of the 37th and others:
A Bill to be entitled an Act to provide that the planning departments of certain counties shall furnish the tax assessing officials of any zoning changes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 311. By Senators Ward of the 39th, Smith of the 34th, Sells of the 37th and others: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to the authority of the Mayor and the Board of Aldermen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 312. By Senators Sells of the 37th, Ward of the 39th, Smith of the 34th and others: A Bill to be entitled an Act to amend an Act to consolidate the offices of Tax Receiver of Fulton County and of Tax Collector of Fulton County into the office of Tax Commissioner of Fulton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
2248
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SB 313. By Senators Ward of the 39th, Maclntyre of the 40th, Smith of the 34th and others:
A Bill to be entitled an Act to amend an Act to grant the incorporated municipalities of this state having a population of more than 300,000 certain basic powers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, v/as 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 971. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, so as to allow certain eligible persons to become members of the retirement fund; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1481. By Mr. Dodson of the 107th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Macon, so as to change the time the mayor and aldermen shall take 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 125, nays 0.
THURSDAY, FEBRUARY 29, 1968
2249
The Bill, having received the requisite constitutional majority, was passed.
HB 1507. By Messrs. Lambros of the 130th, Dillon the 128th and others:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta (now the Criminal Court of Pulton County), so as to provide for a method of trial and correction of errors in the Court of Appeals and the Supreme Court of Georgia directly from the judgments of said court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1527. By Mr. Pafford of the 97th: A Bill to be entitled an Act to provide a supplementary salary payable from county funds for certain clerks of the superior courts of this State; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1536. By Mr. Moate of the 39th: A Bill to be entitled an Act to amend the original New Charter of the City of Eatonton, so as to provide for an increase in the salaries and compensation of the members of 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 1546. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Guyton, so as to change the qualifications for voters and time of holding elections; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 1548. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to be entitled an Act to amend an Act creating the City Court of Americus, so as to change the compensation of the Judge of the City Court of Americus; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1551. By Messrs. Chandler and Harrington of the 47th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to authorize the Mayor and Aldermen of the City of Milledgeville to provide and furnish sewerage and sanitary services in any area of Baldwin County where like services are not being furnished by the governing authority 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 29, 1968
2251
HB 1552. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change the provisions relat ing to the appointment of members 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1553, By Messrs. Matthews and Farmer of the 29th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the judge of the Juvenile Court of Clarke 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1556. By Messrs. Gary, Northcutt and Lee of the 35th: A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to delete provisions thereof prohibiting increases of the salaries and compensation of the mayor and council and other officers, agents and employees during their respective 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 1557. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Jones County, so as to provide for commissioner posts; and for other purposes.
The report 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 1558. By Mr. Hadaway of the 46th: A Bill to be entitled an Act to amend an Act placing the sheriff of Jones County on an annual salary in lieu of the fee system of compensation, so as to provide for the appointment of two additional deputies; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1560. By Mr. Hadaway of the 46th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Jasper County, so as to provide for commission posts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 29, 1968
2253
HB 1562. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act creating the City Court of Statesboro, so as to change the name of the City Court of Statesboro to the "Civil and Criminal Court of Bulloch County"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1563. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an 'Act to amend an Act fixing the compensation of the Clerk of the Superior Court of Bulloch County, so as to change the compensation of said Clerk of the Superior Court; and for other purposes.
The report ol 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 1564. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act providing that the Ordinary of Bulloch County be placed on a salary basis in lieu of a fee basis, 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.
On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.
2254
JOURNAL OF THE HOUSE,
HB 1565. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff of Bulloch County from a fee system to a salary system, so as to change the compensation of the sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1566. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Bulloch County, so as to change the compensation of the Chairman of the Board of Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1567. By Messrs. Nessmith and Lane of the 64th: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to change the provisions relating to the compensation of the assistants for the tax commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 29, 1968
2255
HB 1568. By Messrs. Lane and Nessmith of the 64th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro, so as to provide that candidates for Mayor and Councilmen shall be required to qualify within a certain length of time before 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1569. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Shuman of the 65th, Newton of the 50th and Lewis of the 50th:
A Bill to be entitled an Act to change the terms of the Superior Courts of the Ogeechee Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1570. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act incorporating the town of Brooklet in Bulloch County, so as to change the provisions relating to fines for violations of ordinances, charter provisions and by 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 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.
2256
JOURNAL OF THE HOUSE,
HB 1578. By Messrs. Wilson and Henderson of the 102nd, McDaniell of the 101st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1579. By Messrs. Wilson and Henderson of the 102nd, Cooper of the 103rd, and McDaniell of the 101st:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to change the rate of interest payable and maturity date of revenue bonds; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1580. By Messrs. Harris and Scarlett of the 85th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to employ additional deputies; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 29, 1968
2257
HB 1581. By Messrs. Scarlett and Harris of the 85th:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, so as to authorize the sheriff to employ additional deputies; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1588. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson, so as to create a Board of Commissioners of Roads and Revenues composed of three members, each to be elected from one of the 3 militia districts in Atkinson County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1589. By Mr. Pafford of the 97th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Clinch County and providing a salary system in lieu thereof, so as to change the compensation of the sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
2258
JOURNAL OF THE HOUSE,
HB 1513. By Mr. Carnes of the 129th:
A Bill to be entitled an Act to re-establish a Local Education Commission in Atlanta and Fulton County to continue the study of the desirability of combining the school systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to Re-establish a Local Education Commis sion in Atlanta and Fulton County to continue the study of the de sirability and feasibility of combining the school systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County; to provide that said Commission shall draft a plan or plans, together with proposed Constitutional amendments and legis lation, for the combining of such school systems and submit same to members of the General Assembly from Fulton and DeKalb Counties; to provide for the organization of said Commission; to provide for the publication of said plan or plans; to provide for allocation of funds by the Boards of Education of Atlanta and Fulton County for the operation of the Commission; to provide for authority to accept donations; and for other purposes.
WHEREAS, by Resolution approved March 18, 1964 (Ga. L., 1964, p. 3171) there was created in Atlanta and Fulton County a Local Edu cation Commission to study the desirability and feasibility of combining the school system of Fulton County and of the City of Atlanta; and
WHEREAS, said Commission filed its report, recommending that said school systems be combined; and
WHEREAS, by Resolution approved March 15, 1966 (Ga. L., 1966, p. 3413) said Commission was re-established for the purpose of drafting a plan or plans, together with proposed Constitutional amendments and legislation, for the combining of such school systems, for consideration by the members of the General Assembly; and
WHEREAS, said Commission has presented its interim progress report, which indicates that additional time will be required to complete the work of the Commission; and
WHEREAS, it is desirable to re-establish said Commission for the purpose of completing the work of the Commission;
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by the authority of the same:
THURSDAY, FEBRUARY 29, 1968
2259
SECTION 1
There is hereby re-established in Fulton County and the City of Atlanta a Commission to continue the study of the desirability and feas ibility of combining the school systems of Fulton County and the City of Atlanta, including the portion thereof lying in DeKalb County, and while such systems are separate to study and recommend means for greater economy and efficiency by further cooperation between the two systems. Said Commission shall be known as the Local Education Com mission, of said county, hereinafter referred to as the "Commission". Said Commission shall be composed of twenty-seven (27) members, classified into the following positions: (a) two ex-officio positions, to be filled by the Superintendent of the Atlanta Public Schools and the Superintendent of the Fulton County Public Schools; (b) eight exofficio representative positions, which shall be filled originally by Bill Wainwright representing the Board of Education of the City of Atlanta; W. L. Robinson, representing the Board of Education of Fulton County; Earl Landers, representing the City of Atlanta government; Carl John son, representing the Fulton County Commissioners; a classroom teacher elected by the Atlanta Education Association; a classroom teacher elected by the Gate City Teachers Association; a classroom teacher elected by the Fulton County Teachers Association; and a classroom teacher elected by the Capital City Teachers Association; and (c) the following voting members of said Commission: Oby Brewer, Jr., Dr. R. H. Brisbane, J. H. Cawthon, John T. Cunningham, Otis M. Jackson, Thomas M. Miller, A. B. Padgett, Mrs. A. L. Riter, Marthame Sanders, Wallace H. Stewart, W. Kenneth Stringer, William M. Teem, III, Dr. Asa Yancey, Dick Lane, Devereaux McClatchey, Horace Ward, and a member of the DeKalb County House Delegation elected by that Delega tion, provided that if any one of the last four named individuals should cease to be a member of the Georgia General Assembly then if he be a member of the Georgia House his successor shall be elected by the mem bers of the House representing any part of Atlanta or Fulton County, and if he be a member of the Senate his successor shall be elected by the members of the Senate representing any part of the city of Atlanta.
SECTION 2
Each individual herein named to the Commission shall serve thereon until the Commission is discharged as hereinafter provided, unless he shall refuse to serve or shall die or resign. Whenever a vacancy on the Commission results from the fact that a member refuses to serve or dies or resigns, the vacancy shall be filled by majority vote of the remaining members of the Commission as follows: If the vacancy is in a representa tive position, it shall be filled by a person who is then a member of the class represented; if the vacancy is in one of the voting positions, it shall be filled by a citizen then residing in the City of Atlanta or in Fulton County outside the City of Atlanta. Notwithstanding anything else herein stated, if a vacancy takes place in a representative or voting position originally filled by a citizen residing in the City of Atlanta, such vacancy shall be filled by a citizen then residing in the City of Atlanta and in one county wherein the person originally filling said position resided; and if a vacancy takes place in a position originally filled by a citizen residing in Fulton County outside of the City of Atlanta, such vacancy shall be filled by a citizen then residing in Fulton
2260
JOURNAL OF THE HOUSE,
County outside of the City of Atlanta. A majority of the persons serving as members of the Commission shall constitute a quorum to do business but a less number may adjourn from time to time. The Commission shall elect a Chairman, a Vice-Chairman and a Secretary-Treasurer from its membership. The Commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly dispatch of its business. The Commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds hereinafter provided, properly vouched for, shall be furnished to the Boards of Education of Pulton County and of the City of Atlanta. The first meeting of the Commission shall be held within 30 days after the approval of this Act by the Governor, at a place and time mutually agreed upon by the members thereof representing the Board of Educa tion of Fulton County and of the City of Atlanta. Said Boards of Edu cation, or either of them, upon application by the Commission, shall pro vide suitable office space and meeting rooms for the Commission.
SECTION 3
It shall be the function and duty of said Commission to continue the study of the educational systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County, for the purpose of considering the desirability and feasibility of combining said
school systems, and if such combination is considered desirable, to submit to the General Assembly of the State of Georgia as hereinafter provided a plan or plans, together with proposed Constitutional amendments and legislation, for the combining of such school systems, and such plan or plans shall include any changes in political and administrative and fiscal
structure of either or both of said systems which the Commission deems desirable and feasible. It shall be the further function and duty of the Commission, while the systems are separate, to study and recommend means for greater economy and efficiency in the operation of the separate systems by further cooperation between the two systems.
SECTION 4
The said Commission shall have the power and authority to hold public hearings and any judge of the superior court upon application signed by the Chairman and Secretary-Treasurer of the Commission shall issue a subpoena for the attendance of any witness or the produc tion of any books, papers or records. In making such study the Commis sion is authorized to call upon the State of Georgia or any of its agencies or institutions for any aid or assistance which can be rendered it, and to call upon the various departments of the county and municipalities, including the law departments, for such assistance. Said Commission may employ such special technical and clerical assistance, including but not limited to attorneys, accountants, actuaries, and educational con sultants, as may be necessary to assemble the required data and infor mation, to analyze the same and draft the report and the plan or plans for submission to the General Assembly as hereinafter provided. The Commission is authorized to enter into a contract with persons or agen cies for providing any or all of the data and information required in carrying out the purposes of the Commission. The Commission shall reimburse the individual members of the Commission for their actual
THURSDAY, FEBRUARY 29, 1968
2261
out-of-pocket expenses incurred by authority of and while on business for the Commission.
SECTION 5
The official plan or plans, if any, when signed by a majority of said Commission shall be filed by said Commission with the Representatives of Fulton and DeKalb Counties and the Senators of the 34th, 35th, 36th, 37th, 38th, 39th, 40th, 41st, 42nd, and 43rd Districts in the General Assembly of Georgia and with the Clerks of the Superior Courts having jurisdiction in Fulton and DeKalb Counties and with the City Clerk of the City of Atlanta on the first day of the next session of the General Assembly following January 1, 1969. At least 60 days prior to filing any of the aforesaid plans, the Commission shall submit a draft copy thereof to each of the aforesaid Boards of Education, for comments and sug gested revisions. The Commission shall provide for the publication and distribution of a reasonable number of copies of any plan or plans and supporting reports prepared by the Commission or previous Commission. The Commission's existence shall terminate on the first day of the 1969 session of the General Assembly.
SECTION 6
The Board of Education of the City of Atlanta is hereby authorized and directed to allocate the sum of $6,000.00 and the Board of Education of Fulton County is hereby authorized and directed to allocate the sum of $4,000.00, for the purpose of carrying out the purposes of this Act, which are declared to be educational functions of said Boards of Educa tion. Requisitions for sums up to the total amounts hereby directed to be allocated shall be signed by the Chairman and Secretary-Treasurer of said Commission and shall be paid by the official in charge of the funds thus allocated. Said Boards of Education are further authorized to allo cate and expend such additional funds as in their discretion they may determine to be necessary to carry out the purposes oi this Act, provided that such additional allocations and expenditures shall be shared by said Board on a ratio of 60% from the Atlanta Board of Education and 40% from the Fulton County Board of Education.
SECTION 7
The Commission is authorized to accept donations in any form from any source and use the same in any way the Commission may deem advisable to effectuate the aims and purposes of the Commission.
SECTION 8
It is hereby found, determined and declared that the re-establish ment of the Commission and the carrying out of its purpose is in all respects for the benefit of the people of the City of Atlanta and Fulton County and is a public purpose and that the Commission will be perform ing an essential educational function in the exercise of the power con ferred upon it by this Act.
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SECTION 9
This Act, being for the welfare of the citizens of Atlanta and of Fulton County, shall be liberally construed to effect the purposes thereof.
SECTION 10
The provisions of this Act are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION 11
A copy of notice of intention to apply for this local legislation and affidavits showing the publication on such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all of the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enact ment of this law.
SECTION 12
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 310. By Senators Sells of the 37th, Ward of the 39th, Smith of the 34th and others:
A Bill to be entitled an Act to amend an Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the city of Atlanta for all property taxable in that portion of the city of Atlanta located in Fulton County; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
THURSDAY, FEBRUARY 29, 1968
2263
The Committee on Local Affairs moves to amend S. B. 310 by striking from Section 3 of said Bill the words "July 1, 1968" and substituting in lieu thereof the words "January 1, 1969".
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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 713-1512. By Mr. Cook of the 123rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Atlanta to establish an historic zone within a designated area of the City; to provide that inclusion of property within such zone shall not of itself constitute exemption from taxation; to provide for the enactment of planning and zoning ordinances to promote the educational, cultural, economic and general welfare of the City of Atlanta by preserving and protecting historic buildings, places and districts, and to promote the general welfare through the benefits resulting to the economy of the City of Atlanta in developing and main taining its tourism industry; to provide for the definition of the term "Historic Zone"; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article XI of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of the City of Atlanta is authorized to establish an historic zone in the City within the following des cribed area, to-wit: BEGINNING at the intersection of Hunter and Spring Streets; running thence in a northeasterly direction along Spring Street to its intersection with the northeasterly right-of-way line of the Georgia Railroad; thence southeasterly along said Rail road right-of-way line to its intersection with Central Avenue; thence running in a general southwesterly direction along Central Avenue to its intersection with Hunter Street; thence running north westerly along Hunter Street to its intersection with Spring Street at the point of beginning.
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"The purposes of such planning and zoning ordinances shall be to promote the education, cultural, economic welfare of the City of Atlanta by preserving and protecting historic buildings, places, and districts, and to promote the general welfare through the benefits resulting to the economy of the City of Atlanta in developing and maintaining its tourism industry.
"As used herein, an historic zone is a district or area within which the buildings, structures, appurtenances and places are of basic and vital importance for the development and maintenance of the community's tourism industry, its culture and for the protection of property values because of their association with history; because of their unique architectural style and scale, including color, pro portions, form and architectural details; or because of their being a part of or related to an area, the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on economic, cultural, historical or architectural motives or purposes.
SECTION 2
When the proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of the City of Atlanta to establish historic zones within a designated area of
NO ( ) the City of Atlanta and enact appropriate planning and zoning ordinances applicable thereto?"
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 of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The Report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 29, 1968
2265
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Barfield Battle Bennett 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 Games Cates Cato Chandler Cheeks Clarke Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy Douglas Fallin Farrar Fleming Floyd
Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas
Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller
Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Palmer Parker, C. A. Parker, H. W. Parrish Phillips Pickard Potts
Ragland Reaves Richardson Rowland Rush Savage Scarlett Shanahan
Sherman Shields Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, R. Threadgill Turner Tye Underwood Vaughan, D. N. Walling Wamble Ward Ware Whaley Williams Wilson, J. M. Winkles Wood
2266
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Those not voting were Messrs.:
Bowen Davis Dodson Doster Edwards Egan Farmer Grahl Hale Hargrett Higginbotham Hill Jenkins Jones, C. M.
Knapp Laite Lambros Leggett Moreland Northcutt Pafford Paris Peterson Poss Rainey Roach Ross Russell
Shuman Smith, G. W. Stalnaker Thompson, A. W. Townsend Tucker Vaughn, C. R. Wells Westlake Wiggins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 165, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
HR 723-1549. By Mr. Jones of the 76th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Mclntosh County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Mclntosh County Industrial Development Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity.
"B. The Authority shall be composed of seven members who shall be residents of Mclntosh County appointed by the governing authority of said county. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the
THURSDAY, FEBRUARY 29, 1968
2267
members of the governing authority of Mclntosh County. In the event a vacancy occurs in the membership of the Authority by death, resignation or otherwise, the appointing authority shall promptly fill the same for the unexpired term. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority.
"C. As used in this amendment the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
(1) The word 'Authority' shall mean the Mclntosh County Industrial Development Authority.
(2) The word 'project' shall be deemed to mean and in clude the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the con struction of buildings and plans for the purpose of selling, leasing or renting such structures to private persons, firms or corporations.
(3) The term 'cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineer ing, architectural and legal expenses, and plans and specifica tions and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or inci dental to the financing herein authorized, the construction of any project and placing the same in operation.
"D. Mclntosh County is hereby expressly authorized to enter into contracts with the Authority as a public corporation.
"E. A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Author ity, but any action with respect to any project of the Authority shall be approved by not less than a majority vote of the total member ship of the Authority.
"F. The Authority shall have the following powers:
(1) To have a seal and alter the same at pleasure.
(2) To acquire, hold and dispose of personal property, in cluding the stock of other corporations, for its corporate purposes.
(3) To enter into contracts with Mclntosh County.
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(4) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or dis pose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in Mclntosh County, the governing authority of Mclntosh County is hereby authorized, in its dis cretion, to convey title to such lands, including any improve ments thereon, to the Authority.
(5) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation.
(6) To make contracts, and to execute all instruments nec essary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires.
(7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue bonds of the Authority or from any grant from the County of Mclntosh, or from any contribu tion or loans by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use.
(8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or con venient to evidence and secure such borrowing.
The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States.
(9) To exercise any power granted by the laws of the State of Georgia to public or private corporations performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia.
(10) To do all things necessary or convenient to carry out the powers expressly conferred by this Act.
(11) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitat ing its business.
THURSDAY, FEBRUARY 29, 1968
2269
(12) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue bonds shall be issued and validated under and in accord ance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), and as subse quently amended, providing for the issuance of revenue bonds.
(13) Through the use and power of eminent domain, the Authority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easements for the purpose of developing and promoting for the public good and welfare industry within Mclntosh County, any such condem nation to be conducted in accordance with the laws of the State of Georgia.
"G. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation.
"H. The governing authority of Mclntosh County is hereby authorized and directed to levy and collect an annual ad valorem tax of two (2) mills for developing and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the purposes herein set forth.
"I. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or Mclntosh County.
"J. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Mc lntosh County.
"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 Mcln tosh County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"L. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Mclntosh and its inhabitants, shall be liberally construed to effect the pur poses hereof.
"M. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Mclntosh 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.
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"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Mclntosh County Industrial Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber Barfield Battle Bennett 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 Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell
THURSDAY, FEBRUAEY 29, 1968
2271
Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy Douglas Fallin Farrar Fleming Floyd Funk Gary
Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood Howard Howell Hutchinson
Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom
Oglesby Otwell Palmer Parker, C. A. Parker, H. W. Parrish Phillips Pickard Potts Ragland Reaves Richardson Rowland Rush Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, R. Threadgill Turner Tye Underwood Vaughan, D. N. Walling Wamble Ward Ware Whaley Williams Wilson, J. M. Winkles Wood
Those not voting were Messrs. :
Bowen Davis Dodson Doster Edwards Egan Farmer Grahl
Hale Hargrett Higginbotham Hill Jenkins Jones, C. M. Knapp Laite
Lambros Leggett Moreland Northcutt Pafford Paris Peterson Poss
2272
Rainey Roach Ross Russell Shuman Smith, G. W.
JOURNAL OF THE HOUSE,
Stalnaker Thompson, A. W. Townsend Tucker Vaughn, C. R. Wells
Westlake Wiggins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 165, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
HR 724-1550. By Messrs. Turner of the 123rd, Carnes of the 129th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to declare the acquisition, establishment, operation and administration of public park ing facilities in Fulton County to be an essential governmental function and a public purpose, and to authorize the creation of public corpora tions and authorities for such purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
The Constitution is hereby amended by adding at the end of Article XVII, Section I, a new section to be designated as Section II to read as follows:
"Section II. Parking Facilities in Fulton County.
Paragraph I. The acquisition, establishment, operation and administration of public parking facilities and services within Ful ton County is an essential governmental function and a public pur pose for which the powers of taxation and eminent domain may be exercised and public funds expended.
Paragraph II. The General Assembly may create public cor porations or authorities as instrumentalities of the State of Geor gia to perform such functions, to have the power of eminent do main, and such other powers as may be necessary or convenient for the accomplishment of the aforesaid functions and purposes. The General Assembly may further authorize any such public cor poration or authority to borrow money, issue notes and revenue bonds, execute trust agreements or indentures, and to sell, convey,
THURSDAY, FEBRUARY 29, 1968
2273
lease, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor.
Paragraph III. The General Assembly may provide that such public corporations or authorities, as instrumentalities of the State of Georgia, its property, acts, activities, income and obligations and the interest thereon shall be exempt from any tax obligations and from regulation by any agency or commission of the State.
Paragraph IV. The General Assembly may authorize Fulton County to contract with such public corporations or authorities for the performance of the aforesaid functions and purposes to pay for the public parking facilities and services contracted for, including the payment of the principal and interest on any obligation issued from time to time by such public corporations or authorities in order to acquire the necessary facilities and property therefor, and in connection therewith to establish and maintain reasonable re serves; to levy taxes to the extent necessary to fulfill the obliga tions incurred in such contracts; to convey to such public corpora tions or authorities property or facilities or render services which may be useful to the establishment, operation or administration of public parking facilities within the aforesaid county.
Paragraph V. The General Assembly may authorize any such public corporations or authorities to purchase lands and construct and establish thereon off-street automobile parking lots, structures, buildings, garages and facilities. Such public corporations or au thorities shall have the power and authority to equip, maintain and operate such parking lots, structures, buildings, garages and facilities and to appoint a commission to operate a parking author ity which shall have all of the powers, privileges and authority set forth in this constitutional provision.
Paragraph VI. The provisions of this Article shall be liberally construed to effectuate its purpose and shall not be limited or re stricted by any existing provision of or amendment to this Con stitution, or any general or special law heretofore enacted."
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 declare the acquisition, establishment, operation and adminis tration of public parking facilities in Fulton County
2274
JOURNAL OF THE HOUSE,
NO ( ) to be an essential governmental function and a pub lic purpose and to authorize the creation of public corporations or authorities for such purpose?'
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, 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 Games Gates Cato
Chandler
Cheeks
Clarke Cooper
Cole Collins, J. F. Collins, M. Colwell Conner
Cook Cooper, B. Cooper, J. R.
Cox Crowe, William
Crowe, W. J.
Dailey Daugherty
Dean DeLong
Dent Dickinson Dillon
Dixon Dollar Dorminy Douglas Fallin
Farrar
Fleming
Floyd Funk
Gary Gay Gaynor Gignilliat Graves
Grier Gunter Hadaway
Hall Hamilton
Harrington
Harris, J. F. Harris, J. R.
Harris, R. W. Harrison
Henderson Holder Hood
Howard Howell Hutchinson Johnson, A. S. Johnson, B.
Joiner
THURSDAY, FEBRUARY 29, 1968
2275
Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Lambert Land
Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell
McClatchey McCracken McDaniell Melton Merritt
Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton
Nimmer Odom Oglesby Otwell Palmer Parker, C. A. Parker, H. W. Parrish Phillips Pickard Potts Ragland Reaves Richardson Rowland Rush Savage Scarlett Shanahan
Sherman Shields Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, R. Threadgill Turner Tye Underwood Vaughan, D. N. Walling Wamble Ward Ware Whaley Williams Wilson, J. M. Winkles Wood
Those not voting were Messrs.:
Bowen Davis Dodson Doster Edwards Bgan Farmer Grahl Hale Hargrett Higginbotham Hill Jenkins Jones, C. M.
Knapp Laite Lambros Leggett Moreland Northcutt Pafford Paris Peterson Poss Rainey Roach Ross Russell
Shuman Smith, G. W. Stalnaker Thompson, A. W. Townsend Tucker Vaughn, C. R. Wells Westlake Wiggins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 165, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 726-1556. By Messrs. Chandler and Harrington of the 47th:
2276
JOURNAL OF THE HOUSE,
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the governing authority of Baldwin County shall be authorized to levy an annual registration tax on no more than two motor vehicles in the county owned by any individual or firm on the first day of January of each year; to provide for the payment of such tax no later than April 1 of each year; to designate the tax collector of Baldwin County as the agent of the governing authority of Baldwin County for the purpose of collecting such tax and accepting the motor vehicle registration applications; to provide for penalties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section I, Paragraph I of the Constitution is hereby amended by striking therefrom the following:
"D. Annual Registration of Motor Vehicles; Fees; Penalty. The governing authority of Baldwin County shall be authorized to require the annual registration of every motor vehicle in the county and to collect annual fees for registering such motor vehicles not in excess of $4.00 for each registration. All sums derived there from shall be used first for the payment of all costs in registering said motor vehicles, and the remainder thereof, if any, shall be deposited in a fund to be used by the Authority for the purposes provided herein. The said governing authority shall be authorized to promulgate and prescribe the forms to be used and rules and regulations necessary to require the annual registration of motor vehicles as herein set out. Any person, firm or corporation failing to register any motor vehicle required herein to be registered shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. As used herein, motor vehicles shall include the following: passenger cars, motorcycles, private trucks, farm trucks, private trailers, house trailers, auto trailers, boat trailers, trucks or trailers used as common or contract carriers, leased trucks, hearses, ambulance, earth moving machinery and any other vehicle that is now or may hereafter be required to be licensed with the State Revenue Commissioner or his successor by
whatever named called.",
and inserting in lieu thereof the following:
"D. Annual Registration of Motor Vehicles; Taxes; Penalty. The governing authority of Baldwin County shall be authorized to require the annual registration of motor vehicles in the countyowned by individuals and firms on the first day of January of each year and to levy an annual tax for such registered vehicles of not in excess of $4.00 per vehicle. Said annual registration tax shall apply only to a maximum of two (2) vehicles owned on the first day of January each year by any individual or firm, and shall be due and payable no later than April 1st of each year. Provided, that
THURSDAY, FEBRUARY 29, 1968
2277
on and after the second day of April in each year the owner of a motor vehicle who shall have failed to comply with the provisions of this section, shall be deemed and held to be delinquent under the provisions of this section and the registration of such motor vehicle shall on said second day of April and thereafter be sub ject to the same penalty provided by general law for State motor vehicle registrations. The tax collector of Baldwin County is here by designated as the agent of the governing authority of Baldwin County for the purpose of collecting such taxes and accepting the motor vehicle registration applications. The tax collector shall not be entitled to receive any additional compensation for performing such services. All sums derived therefrom shall be used first for the payment of all costs in registering said motor vehicles, and the remainder thereof, if any, shall be deposited in a fund to be used by the Authority for the purposes provided herein. The said gov erning authority shall be authorized to promulgate and prescribe the forms to be used and rules and regulations necessary to require the annual registration of motor vehicles as herein set out. Any person, firm or corporation failing to register any motor vehicle required herein to be registered shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. As used herein, motor vehicles shall mean passenger cars and trucks."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that the governing authority of Baldwin County shall be authorized to levy an annual registration tax on
NO ( ) no more than two motor vehicles in the county owned by any individual or firm; to provide for the payment of such tax no later than April 1 of each year; to provide for a penalty for delinquent registrations; and to provide that the tax collector of Baldwin Coun ty shall collect such taxes?"
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.
2278
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Barfield Battle Bennett 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 Gates Cato Chandler Cheeks Clarke Cole Coffins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daughterly Dean DeLong Dent
Dickinson Dillon Dixon Dollar Dorminy Douglas Fallin Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Lowell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Palmer Parker, C. A. Parker, H. W. Parrish Phillips Pickard Potts Ragland Reaves Richardson Rowland Rush
Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L.
THURSDAY, FEBRUARY 29, 1968
2279
Snow Starnes Steis Sullivan Sweat Thompson, R. Threadgill Turner Tye Underwood
Vaughan, D. N. Walling Wamble Ward Ware Whaley Williams Wilson, J. M. Winkles Wood
Those not voting were Messrs.:
Bowen Davis Dodson Doster Edwards Egan Farmer Grahl Hale Hargrett Higginbotham Hill Jenkins
Jones, C. M.
Knapp Laite Lambros Leggett Moreland Northcutt Pafford Paris Peterson Poss Rainey Roach Ross
Russell
Shuman Smith, G. W. Stalnaker Thompson, A. W. Townsend Tucker Vaughn, C. R. Wells Westlake Wiggins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 165, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 727-1560. By Mr. Steis of the 100th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create the Town of Waverly Hall Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities
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and political divisions, is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Town of Waverly Hall Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the Town of Waverly Hall. The Town of Waverly Hall may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"B. The Town of Waverly Hall is authorized to levy a tax on all the taxable property therein not to exceed two mills for the purpose of securing a fund to be set aside and used by said Author ity for the general purposes hereinafter prescribed.
"C. The members of the Authority, their qualifications, terms and methods of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the imple mentation of this amendment.
"D. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation.
"E. Said Authority is created for the purpose of developing, promoting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or the Town of Waverly Hall. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
THURSDAY, FEBRUARY 29, 1968
2281
"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Town of Waverly Hall Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber Barfield Battle Bennett 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 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 Dean DeLong
Dent Dickinson Dillon Dixon Dollar Dorminy Douglas Fallin Farrar Fleming Floyd Funk Gary
Gay
Gaynor Gignilliat Graves Grier Gunter Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder
Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Lambert
Land
2282
Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C.
JOURNAL OF THE HOUSE,
Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Palmer Parker, C. A. Parker, H. W. Parrish Phillips Pickard Potts Ragland Reaves Richardson Rowland Rush Savage Scarlett Shanahan Sherman
Shields Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, R. Threadgill Turner Tye Underwood Vaughan, D. N. Walling Wamble Ward Ware Whaley Williams Wilson, J. M. Winkles Wood
Those not voting were Messrs.:
Bo wen Davis Dodson Doster Edwards Egan Farmer Grahl Hale Hargrett Higginhotham Hill Jenkins Jones, C. M.
Knapp Laite Lambros Leggett Moreland Northcutt Pafford
Paris Peterson Poss Rainey Roach Ross Russell
Shuman Smith, G. W. Stalnaker Thompson, A. W. Townsend Tucker Vaughn, C. R. Wells Westlake Wiggins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 165, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 730-1585. By Messrs. Dixon and Sweat of the 83rd:
THURSDAY, FEBRUARY 29, 1968
2283
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the modification or for the abolishment and consolidation into a single countywide government of
the existing governments of Ware County and the City of Waycross and for all matters relative thereto, provided any law enacted pursuant to such authority is submitted to the people for approval or rejection; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to provide
by law for any one or more of the following:
1. For the modification of the existing governments of the City of Waycross and Ware County whereby the powers, duties and obligations of such governments may be transferred from one such government to the other or may be jointly held and exercised by both such governments, or any combination of the foregoing, in such manner and under such conditions, pro cedures and requirements as the General Assembly shall pro
vide.
2. For the abolishment of the existing governments of the City of Waycross and Ware County and for the creation of a new single government having all powers formerly exercised by the City of Waycross and Ware County, and having such other powers as may be necessary or desirable including such rights, powers, duties and liabilities as are now or may here after be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provision of law; the form and composition of said new government to be as the General Assembly shall provide.
3. For the new countywide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs.
4. For the abolishment or modification of any city and county courts, juvenile courts, and any other courts including courts created in lieu of constitutional courts, presently exist ing in the City of Waycross and Ware County, except the
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JOURNAL OF THE HOUSE,
superior court and court of ordinary, and for the creation of one or more new courts having the jurisdiction and powers of the former courts and such other jurisdiction and powers as the General Assembly may provide.
5. For the abolishment or modification of any public au thorities and special service districts located within Ware County whether created by law or by provisions of this Con stitution, and for the transfer of all powers, duties, and obliga tions of such authorities and districts to the new countywide government in such manner as said charter shall provide.
6. For the abolishment or modification of any one or more public offices including coroner, county surveyor, tax col lector, tax receiver, and county treasurer, or positions of public employment of the City of Waycross and Ware County, and any public authorities or special service districts located and operat ing within Ware County.
7. For the modification of the powers and duties of the office of sheriff.
8. For the creation of the governing authority of the single countywide government including the number of mem bers of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said countywide governing authority.
9. For the creation of the various departments, boards, bureaus, offices, commissions and positions of public employ ment of said countywide government and all other matters nec essary or incidental thereto.
10. For the creation of two or more taxing districts where by taxes shall be assessed, levied, and collected by said countywide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new governing authority so created may vary from district to district.
11. For the assumption by said countywide government of all bonded indebtedness and all other obligations of what ever kind of all governmental units, public authorities and special service districts which are consolidated by said charter and a method by which said countywide government shall as sume the payment of any obligations issued under the Revenue Bond Law.
12. For the transfer to said countywide government of assets, contracts and franchises of all governmental units, and
THURSDAY, FEBRUARY 29, 1968
2285
any public authorities and special service districts which have consolidated or merged with said countywide government.
13. The purposes for which said countywide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such countywide govern ment or any agency thereof.
In the event the existing governments of the City of Waycross and Ware County are modified pursuant to the provisions of para graph 1 above, the General Assembly is hereby authorized to exer cise any of the powers enumerated above as may be necessary or desirable in carrying out such modification.
Nothing herein shall be construed so as to authorize the Gen eral Assembly, in pursuance of this amendment to:
1. Alter the status of the Ware County School System or any constitutional provision by which such named agency was authorized or preserved.
2. Impair or diminish any civil service pension and retire ment rights existing at the time of the ratification of this amendment.
3. Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution.
Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to the school system, civil service and pension rights, and homestead exemptions which existed prior to the adoption of this paragraph.
Any Act adopted by the General Assembly pursuant to the authority granted by this amendment shall be submitted to the qualified voters of Ware County or to the qualified voters of Ware County and the City of Waycross, in such manner as the General Assembly shall provide, for approval or rejection. In the event more than one-half of such qualified voters vote for approval of any such Act, it shall become of full force and effect, in accordance with the provisions of any such Act, but otherwise, any such Act shall be null, void, and of no force and effect.
The powers herein granted to the General Assembly:
1. Are remedial and shall be liberally construed to effec tuate their purposes.
2. May be exercised by the General Assembly notwith standing any other provisions of this Constitution or of law.
2286
JOURNAL OF THE HOUSE,
3. Shall not be exhausted by their initial exercise but may be exercised from time to time, as said General Assembly may determine, until December 31, 1970, but after said date no law shall be passed pursuant to the authority herein granted; provided, however, the authority herein granted shall continue in full force and effect as to any Act adopted prior to Decem ber 31, 1970.
4. Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the modi fication or for the abolishment and consolidation into
NO ( ) a single countywide government of the existing gov ernments of Ware County and the City of Waycross and for all matters relative thereto, provided any law
enacted pursuant to such authority is submitted to the people for approval or rejection?"
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 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
THURSDAY, FEBRUARY 29, 1968
2287
Battle Bennett 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 Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Coiling, M. Colwell Conner
Cook Cooper, B. Cooper, J. R.
Cox Crowe, William
Crowe, W. J. Dailey Daugherty
Dean DeLong Dent
Dickinson Dillon
Dixon Dollar Dorminy
Douglas
Fallin Farrar
Fleming Floyd
Funk Gary
Gay
Gaynor
Gignilliat Graves Grier Gunter Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Lambert Land
Lane, Dick
Lane, W. J.
Lee, W. J. (Bill)
Lee, W. S. Leonard
Levitas Lewis
Longino Lovell Lowrey
Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin
Maxwell McClatchey McCracken McDaniell Melton Merritt Miller
Mixon
Moate
Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Palmer Parker, C. A. Parker, H. W. Parrish Phillips Pickard Potts Ragland Reaves Richardson Rowland Rush Savage Scarlett Shanahan Sherman Shields
Simmons Sims Smith, J. R. Smith, V. T.
Smith, W. L.
Snow Starnes
Steis Sullivan
Sweat Thompson, R. Threadgill
Turner Tye Underwood Vaughan, D. N. Walling
Wamble Ward Ware Whaley Williams
Wilson, J. M. Winkles
Wood
2288
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Bowen Davis Dodson Doster Edwards Egan Farmer Grahl Hale Hargrett Higginbotham Hill Jenkins Jones, C. M.
Knapp Laite Lambros Leggett Moreland Northcutt Pafford Paris Peterson Poss Rainey Roach Ross Russell
Shuman Smith, G. W. Stalnaker Thompson, A. W. Townsend Tucker Vaughn, C. R. Wells Westlake Wiggins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 165, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 179. By Senators Johnson of the 38th, Maclntyre of the 40th, Smith of the 34th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Atlanta to incur debt to the extent of fourteen per centum (14%) of the assessed value of all the taxable property therein, and for other purposes
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitu tion of the State of Georgia of 1945, as amended, is hereby amended by adding at the end thereof a new Section to be appropriately numbered and to read as follows:
Section ___ "Paragraph I. Notwithstanding any other provi sion of this Article, the total indebtedness hereafter incurred by the City of Atlanta shall never exceed fourteen per centum (14%) of the assessed value of all the taxable property therein, provided such indebtedness shall be authorized by the assent of the majority of the qualified voters of said city voting in an election for that purpose to be held as prescribed by law;
Provided further, that the indebtedness of said city now exist ing for all purposes except indebtedness incurred since November
THURSDAY, FEBRUARY 29, 19r8
2289
6, 1956 for school purposes, and indebtedness hereafter incurred for its lawful corporate purposes other than school purposes, shall never exceed eight per centum (8%) of the assessed value of all the taxable property therein;
And provided further, that the existing indebtedness of said city incurred since November 6, 1956 for school purposes and in debtedness hereafter incurred, for the purpose of providing funds to acquire, construct, equip, improve and add to new or existing school buildings or facilities of the school system of the city, and for the acquisition of the necessary land and other property there for and the payment of expenses incident thereto, shall never ex ceed six per centum (6%) of the assessed value of all the taxable property therein.
Paragraph II. The authorization to incur indebtedness and the limitation thereon set forth in this Section shall be in lieu of the authorization to incur indebtedness and the limitation thereon measured by 7% of the assessed value of taxable property therein prescribed in Section VII, Paragraph I of this Article for munici palities generally and of the authorization to incur indebtedness and the limitation thereon measured by 14% of the assessed value of taxable property therein prescribed specifically for the City of Atlanta pursuant to a special constitutional amendment to this Article (Ga. Laws 1956, p. 360) which was ratified at the general election held November 6, 1956, but this Section shall not affect in any way any other authorization to incur or create indebtedness provided for in this Constitution."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the City of Atlanta to incur debt to the extent of four-
"NO ( ) teen per centum (14%) of the assessed value of all the taxable property therein, of which debt, eight per centum (8%) shall be for indebtedness incurred for all lawful corporate purposes prior to November 6, 1956, and existing indebtedness incurred since Novem ber 6, 1956 and indebtedness hereafter incurred, for all lawful corporate purposes other than school pur poses, and six per centum (6%) shall be for existing indebtedness incurred since November 6, 1956 and in debtedness hereafter incurred, for school 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".
2290
JOURNAL OF THE HOUSE,
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to Article VII of the Constitution so as to authorize the City of Atlanta to incur debt to the extent of fifteen per centum (15%) of the assessed value of all the taxable property therein, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII of the Constitution of the State of Georgia of 1945, as amended, is hereby amended by adding at the end thereof a new Section to be appropriately numbered and to read as follows:
Section ..,, "Paragraph I. Notwithstanding any other provi sion of this Article, the total indebtedness hereafter incurred by the City of Atlanta shall never exceed fifteen per centum (15%) of the assessed value of all the taxable property therein, provided such indebtedness shall be authorized by the assent of the majority of the qualified voters of said city voting in an election for what
purpose to be held as prescribed by law;
Provided further, that the indebtedness of said city now exist ing for all purposes except indebtedness incurred since November 6, 1956 for school purposes, and indebtedness hereafter incurred for its lawful corporate purposes other than school purposes, shall never exceed eight per centum (8%) of the assessed value of all the taxable property therein;
And provided further, that the existing indebtedness of said city incurred since November 6, 1956 for school purposes and in debtedness hereafter incurred, for the purpose of providing funds to acquire, construct, equip, improve and add to new or existing school building or facilities of the school system of the city, and for the acquisition of the necessary land and other property there for and the payment of expenses incident thereto, shall never ex ceed seven per centum (7%) of the assessed value of all the taxable property therein.
Paragraph II. The authorization to incur indebtedness and
the limitation thereon set forth in this Section shall be in lieu of the authorization to incur indebtedness and the limitation thereon
measured by 7% of the assessed value of taxable property therein prescribed in Section VII, Paragraph I of this Article for munici
palities generally and of the authorization to incur indebtedness and the limitation thereon measured by 12% of the assessed value of taxable property therein prescribed specifically for the City of Atlanta pursuant to a special constitutional amendment to this
Article (Ga. Laws 1956, p. 360) which was ratified at the general election held November 6, 1956, but this Section shall not affect in any way any other authorization to incur or create indebtedness provided for in this Constitution.
THURSDAY, FEBRUARY 29, 1968
2291
Paragraph III. Anything in this section to the contrary not withstanding, if any additional amendment or amendments to this Article providing for the issuance of general obligation bonds by the City of Atlanta without a referendum upon meeting certain conditions should be ratified simultaneously with this section, the provisions of such additional amendment or amendments pertain ing to whether a referendum is or is not necessary in a particular situation shall be given full force and effect."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the City of Atlanta to incur debt to the extent of fifteen per centum (15%) of the assessed value of all
"NO ( ) the taxable property therein, of which debt, eight per centum (8%) shall be for indebtedness incurred for all lawful corporate purposes prior to November 6, 1956, and existing indebtedness incurred since No vember 6, 1956 and indebtedness hereafter incurred, for all lawful corporate purposes other than school purposes, and seven per centum (7%) shall be for existing indebtedness incurred since November 6, 1956 and indebtedness hereafter incurred, for school pur-
All persons desiring to vote in favor of ratifying the proposed amendment vote "YES". All persons desiring to vote against ratifying the proposed amendment shall vote "NO".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The 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:
2292
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber Barfield Battle Bennett 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 Gates Cato 1 Chandler Cheeks Clarke Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy Douglas Fallin Farrar Fleming Floyd
Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hall Hamilton Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller
Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Palmer Parker, C. A. Parker, H. W. Parrish Phillips Pickard Potts Ragland Reaves Richardson Rowland Rush Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, R. Threadgill Turner Tye Underwood Vaughan, D. N. Walling Wamble Ward Ware Whaley Williams Wilson, J. M. Winkles Wood
THURSDAY, FEBRUARY 29, 1968
2293
Those not voting were Messrs.:
Bo wen Davis Dodson Doster Edwards Egan Farmer Grahl Hale Hargrett Higginbotham Hill Jenkins Jones, C. M.
Knapp Laite Lambros Leggett Moreland Northcutt Pafford Paris Peterson Poss Rainey Roach Ross Russell
Shuman Smith, G. W. Stalnaker Thompson, A. W. Townsend Tucker Vaughn, C. R. Wells Westlake Wiggins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 165, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
Mr. Levitas of the 118th arose to a point of personal privilege and addressed the House.
Mr. Levitas of the 118th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:
HB 1438. By Messrs. Levitas of the 118th, Jones and Buck of the 112th and Walling of the 118th:
A Bill to prohibit the possession of certain types of firearms, dangerous weapons and silencers; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bennett Berry, J. K. Black Blalock Bond
Bostick Brantley, H. H. Brantley, H. L. Brown, C. Caldwell Carnes
Cato Clarke Collins, J. F. Conner Cooper, J. R. Crowe, William
2294
Crowe, W. J. Dailey Dillon Dixon Edwards Egan Fallin Farrar Gaynor Gignilliat Grahl Graves Grier Hamilton Harris, J. R. Hood Hutchinson Johnson, A. S. Jones, C. M. Jones, M. Knapp Laite Lambert Lambros Land
JOURNAL OF THE HOUSE,
Lane, Dick Lee, W. S. Levitas Longino Lowrey Magoon Malone Matthews, C. Mauldin McClatchey Melton Merritt Miller Moate Moore, J. H. Mullinax Nash Newton Nimmer Odom Oglesby Otwell Palmer Parrish Peterson
Phillips Pickard Potts Ragland Ross Shanahan Sherman Smith, W. L. Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Tucker Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Williams Winkles Wood
Those voting in the negative were Messrs.:
Alexander Anderson Ballard Barfield Battle Berry, C. E. Branch Brown, B. D. Cheeks Cole Collins, M. Cooper, B. Cox Davis Dent Dickinson Dollar Douglas Floyd Funk
Gay Hadaway Hall Harris, J. F. Henderson Higginbotham Holder Joiner Jordan, G. Jordan, W. H. Kirksey Lane, W. J. Leggett Leonard Lewis Lovell Matthews, D. R. McDaniell Moore, Don C. Nessmith
Those not voting were Messrs.:
Barber Bowen Bray
Buck Busbee Gates
Northcutt Pafford Parker, C. A. Parker, H. W. Rainey Reaves Richardson Rowland Scarlett Shields Shuman Simmons Smith, J. R. Smith, V. T. Thompson, R. Turner Vaughan, D. N. Westlake Whaley Wilson, J. M.
Chandler Colwell Cook
THURSDAY, FEBRUARY 29, 1968
2295
Daugherty Dean DeLong Dodson Dorminy Doster Farmer Fleming Gary Gunter Hale Hargrett Harrington Harris, R. W. Harrison
Hill Howard Howell Jenkins Johnson, B. Kaylor Lee, W. J. (Bill) Mason Maxwell McCracken Mixon Moreland Murphy Paris Poss
Roach Rush Russell Savage Sims Smith, G. W. Snow Stalnaker Townsend Wells Wiggins Wilson, R. W. Mr. Speaker
On the motion, the ayes were 93, nays 60.
The motion prevailed, and HB 1438 was reconsidered.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 999. By Messrs. Williams, Wood and Cooper of the 16th:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traf fic on Highways, so as to provide that if a vehicle is being driven at a speed less than normal flow of traffic, and is not being driven in the right-hand lane of traffic, it shall constitute prima facie evidence that the driver is operating the vehicle in violation of Article VII, Section 55, Subsection (b) of this Act; and for other purposes.
The following Senate substitute was read:
"A BILL
To be entitled an Act to amend the Uniform Act regulating traffic on highways, approved January 11, 1954, (Ga. Laws 1953, Nov.-Dec. Sess., p. 556, et seq.), as amended by an Act approved April 14, 1967 (Ga. Laws 1967, p. 542), so as to provide that no two vehicles shall impede the flow of traffic by traveling side by side at the same time in adjacent lanes, provide that this shall not apply when there are con gested traffic conditions; to provide that the driver of an overtaken vehicle in the left or center lane shall give way to the right in favor of the overtaking vehicle on audible signal when this is done with maximum safety; to provide that vehicles moving in the left or center lane shall yield the right of way when such lanes merge to form a single lane; to provide that the State Highway Department shall erect signs giving
2296
JOURNAL OF THE HOUSE,
adequate notice of the provisions of this Act; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section 55, of the Uniform Act regulating traffic on highways, approved January 11, 1964 (Ga. Laws 1953, Nov.-
Dec. Sess., p. 556 et seq.), as amended by an Act approved April 14, 1967 (Ga. Laws 1967, p. 542), is hereby amended by adding five (5) new paragraphs to be numbered "(<!)", "(e)", "(f)", "(g)" and "(h)" as follows:
"(d) No two vehicles shall intentionally impede the normal flow of traffic by traveling side by side at the same time while in
adjacent lanes; provided, that this section shall not be construed to prevent vehicles traveling side by side in adjacent lanes because of congested traffic conditions.
(e) The driver of an overtaken vehicle in the left or center lane shall give way to the right in favor of the overtaking vehicle on audible signal when this can be done with maximum safety.
(f) Vehicles moving in the left or center lane shall yield the right of way to vehicles moving in the same direction in the right lane when such lanes merge to form a single lane.
(g) The State Highway Department shall, at the expense of such Department, erect and maintain suitable signs along the road way in such number and at such locations as the Department shall deem necessary to give adequate notice of the provisions of this Act.
(h) Any person violating the provisions of these paragraphs shall be guilty of a misdemeanor and upon conviction thereof upon a plea of guilty or upon a plea of nolo contendere shall be punished as provided by law."
Section 2. All laws and parts of laws in conflict herewith are hereby repealed."
Mr. Williams of the 16th moved that the House agree to the Senate substitute.
On the motion, the ayes were 153, nays 0.
The Senate substitute to HB 999 was agreed to.
The following Resolution of the Senate was recommitted to the Committee on Insurance for further study:
THURSDAY, FEBRUARY 29, 1968
2297
SR 187. By Senators McKenzie of the 17th, Hall of the 52nd, Eldridge of the 7th and Knight of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a special assessment for the registration of motor vehicles whose owners do not have liability insurance; and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House amendment to the same:
SB 120. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to change the pun ishment for persons convicted of driving or operating a vehicle within this state while under the influence of intoxicating liquors; and for other purposes.
Mr. Williams of the 16th moved that the House insist on its position in amending SB 120.
The motion prevailed, and the House insisted on its position in amending SB 120.
The following Resolution of the House was read and adopted:
HR 783. By Mr. Hadaway of the 46th:
A RESOLUTION
Expressing regrets at the passing of Honorable William Hicks Key; and for other purposes.
WHEREAS, Honorable William Hicks Key passed away June 15, 1967; and
WHEREAS, he was a former member of this body, elected in 1914 for one term and re-elected in 1924 and served until 1959 with the excep tion of one term, serving for a total of thirty-six years; and
WHEREAS, he gained wide recognition when he sponsored the appropriation for Dr. Hurty's experiments in making paper from Geor gia pine; and
WHEREAS, he graduated from the University of Georgia School of Law and served as City and County Attorney for many years; and
2298
JOURNAL OF THE HOUSE.
WHEREAS, he was a member of the Georgia Bar Association, Ocmulgee Bar Association and American Bar Association, a Mason, a Shriner, a charter member of the Monticello Kiwanis Club, a member of the Mt. Zion Christian Church and was active in many civic organiza tions; and
WHEREAS, he was instrumental in creating the Jasper County Hospital Authority and served continuously on said Authority from its creation and worked tirelessly toward the completion of the Jasper Memorial Hospital; and
WHEREAS, he was admired and respected by his fellow members of the General Assembly and his passing is a great loss to all those who knew him; and
WHEREAS, he worked tirelessly for Jasper County and the citizens thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable William Hicks Key and sympathy is hereby extended to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to his widow, Mrs. William Hicks Key, each of his daughters, Mrs. Jimmy Bridges, Mrs. B. G. Malone and Mrs. Burney Goolsby, the Jasper Memorial Hospital and the governing authority of Jasper County.
By unanimous consent, the following Bill of the House was taken off the table and placed on the general calendar:
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; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 108-252. By Mr. Cook of the 123rd:
A Resolution compensating Mrs. Vonceille T. White; and for other purposes.
The following Committee amendment was read and adopted;
The Committee on Appropriations moves to amend HR 108-252 by changing the figure "12,500.00" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$2,500.00".
THURSDAY, FEBRUARY 29, 1968
2299
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 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 194-604. By Mr. Smith of the 54th: A Resolution to compensate Mr. J. B. Covington; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 194-604 by chang ing the figure "$1,500.00" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$808.35".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 402-912. By Mr. Hall of the 67th:
A Resolution compensating Mr. Eugene G. Moncus; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 402-912 by changing the figure "$537.69" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$406.30".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
2300
JOURNAL OP THE HOUSE,
On the adoption of the Resolution, as amended, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 427-941. By Messrs. Rowland and Joiner of the 48th:
A Resolution compensating Mrs. Daphne Whitaker; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 448-973. By Mr. Collins of the 62nd: A Resolution to compensate Mrs. Hershel V. Pope; and for other pur poses.
The following Committee amendment was read and adopted: The Committee on Appropriations moves to amend HR 448-973 by
changing the figure "$10,000.00" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$8,698.20".
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 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 456-1013. By Mr. Winkles of the 120th: A Resolution to compensate Phoenix Air Conditioning, Inc; and for other purposes.
THURSDAY, FEBRUARY 29, 1968
2301
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 478-1029. By Mr. Poss of the 17th:
A Resolution to compensate Mr. Clyde N. Fitzpatrick; 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.
HR 480-1037. By Mr. Parker of the 68th:
A Resolution compensating Mrs. Bura Mae Pope; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 480-1037 by changing the figure "$2,612.81" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$562.01".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
2302
JOURNAL OF THE HOUSE,
HR 483-1037. By Mr. Parker of the 68th: A Resolution compensating Mrs. J. E. Perguson; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 483-1037 by changing the figure "$185.25" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$150.43".
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 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 532-1156. By Mr. Otwell of the 10th: A Resolution compensating Mrs. Ruby Odell Holbrook and her husband; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 532-1156 by changing the figure "$6,224.05" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$2,612.05".
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 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 533-1156. By Mr. Howard of the 101st: A Resolution compensating the heirs at law of the late Mr. William Couch; and for other purposes.
The following Committee amendment was read and adopted:
THURSDAY, FEBRUARY 29, 1968
2303
The Committee on Appropriations moves to amend HR 533-1156 by changing the figure "$11,127.95" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$7,157.06".
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 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 549-1200. By Mr. Roach of the 15th: A Resolution to compensate Mr. Glawer Pitts; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 549-1200 by changing the figure "$1,688.25" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$1,293.25".
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 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 685-1477. By Mr. Hargrett of the 77th: A Resolution compensating Robert M. Fales; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 685-1477 by changing the figure "$122.65" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$116.92".
2304
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 710-1479. By Mr. Ballard of the 37th: A Resolution compensating Irene Thompson; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 712-1486. By Mr. Farmer of the 29th:
A Resolution compensating Miss Marie Yvette Contine; 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.
HB 1197. By Mr. Howard of the 101st:
A Bill to be entitled an Act to amend an Act providing for a tax on certain deeds, instruments, etc., so as to exempt any instrument or writing from said tax which is executed by any agency of the State of Georgia or any political subdivision thereof; and for other purposes.
THURSDAY, FEBRUARY 29, 1968
2305
The following amendment was read and adopted:
Mr. Scarlett of the 85th moves to amend HB 1197 by inserting after the word "Georgia" in the quoted portion of Section 1 the words "or the United States Government"; and by inserting after the word "Georgia" in the caption thereof the words "or the United States Government".
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 Anderson
Ballard Barber Battle Berry, C. E. Berry, J. K. Black Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Caldwell Carnes Cheeks Clarke Cole Collins, J. F. Collins, M. Cook Cooper, B. Crowe, William Dailey Daugherty DeLong Dent Dillon Dodson
Dollar Douglas Edwards Egan Fleming Gary Gay Gaynor Gignilliat Grier Hadaway Hall Harris, R. W. Henderson Howard Hutchinson Joiner Jones, C. M. Jones, M. Jordan, W. H. Lambros Land Lee, W. J. (Bill) Leonard Longino Lowrey Matthews, C. Maxwell McClatchey McDaniell Merritt Miller Moate Nash
Nimmer Oglesby Otwell Pafford Paris Parrish Peterson Poss Ragland Reaves Roach Ross Rowland Russell Savage Searlett Shanahan Sherman Shuman Simmons Sims Smith, V. T. Smith, W. L. Tucker Turner Tye Underwood Walling Wamble Ward Wells Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Barfield Bennett
Blalock Cato
Conner Crowe, W. J.
2306
Dorminy Fallin Farrar Floyd Funk Grahl Graves Harris, J. F. Harris, J. R. Harrison Johnson, A. S. Kaylor Lane, Dick Lane, W. J.
JOURNAL OP THE HOUSE,
Lee, W. S. Lewis Lovell Malone Matthews, D. R. Mauldin Mixon Moore, Don C. Mullinax Nessmith Newton Odom Palmer Parker, C. A.
Parker, H. W. Phillips Potts Richardson Rush Smith, J. R. Starnes Steis Thompson, A. W. Threadgill Vaughan, D. N. Williams Wood
Those not voting were Messrs.:
Buck Busbee Gates Chandler Colwell Cooper, J. R. Cox Davis Dean Dickinson Dixon Doster Farmer Gunter Hale Hamilton Hargrett Harrington Higginbotham
Hill Holder Hood Howell Jenkins Johnson, B. Jordan, G. Kirksey Knapp Laite Lambert Leggett Levitas Magoon Mason McCracken Melton Moore, J. H. Moreland
Murphy Northcutt Pickard Rainey Shields Smith, G. W. Snow Stalnaker Sullivan Sweat Thompson, R. Townsend Ware Vaughn, C. R. Westlake Whaley Wiggins Winkles Mr. Speaker
On the passage of the Bill, as amended, the ayes were 101, nays 47.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Howard of the 101st served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional
majoriy to HB 1197, as amended.
HB 1583. By Messrs. Steis of the 100th, Sherman of the 105th and Miller of the 108th:
A Bill to amend an Act known as "An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of
THURSDAY, FEBRUARY 29, 1968
2307
grapes, fruits and berries on Georgia farms;" so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, or both, by counties or 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 129, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 1584. By Messrs. Steis of the 100th, Sherman of the 105th and Miller of the 108th:
A Bill to amend an Act known as "An Act to provide for license and excise taxes upon the business of dealing in malt beverages;" so as to authorize the sale, storage and distribution of malt beverages as that term is defined, within the boundaries of airports owned, or operated, or both by counties or 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 123, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
HB 1585. By Messrs. Steis of the 100th, Sherman of the 105th and Miller of the 108th: A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize the sale, storage and distribution of alcoholic beverages including spirituous liquors, distilled spirts and alcohol as those terms are defined, within the boundaries of airports owned or operated, or both by counties or 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 124, nays 6.
2308
JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
Messrs. Adams of the 125th and Lane of the 126th requested that the Journal show that they voted "nay" on the passage of HB 1583, HB 1584 and HB 1585.
HB 1453. By Messrs. Bowen of the 69th and Bostick of the 93rd:
A Bill to be entitled an Act to provide that no permit or license shall be issued for any proposed retail liquor store selling distilled spirits in containers holding eight ounces or more, unless such proposed liquor store is a greater distance than two thousand feet from any other exist ing liquor store; and for other purposes.
The report 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 22.
The Bill, having received the requisite constitutional majority, was passed.
HB 982. By Messrs. Vaughn of the 117th, Wood of the 16th, Colwell of the 5th and others:
A Bill to be entitled an Act to amend Code Section 92-1403, so as to increase the excise tax imposed on all distributors of motor fuel; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Section 92-1403 relating to the levy of motor fuel taxes, as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 61), so as to increase the excise tax imposed on all distributors of motor fuel; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 92-1403 relating to the levy of motor fuel taxes, as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 61), is hereby amended by striking from subsection (A) of Code Section 92-1403 the figure "6%" and inserting in lieu there of the figure "7", so that subsection (A) of Code Section 92-1403 when so amended shall read as follows:
THURSDAY, FEBRUARY 29, 1968
2309
"(A) Levy of the Taxes. An excise tax is hereby imposed on all distributors or motor fuel as follows:
(1) Upon the sale or use of motor fuel by them within this State at the rate of 7 cents per gallon.
(2) In the event any special motor fuels which are not common ly sold or measured on the highways of this State, the State Revenue Commissioner is authorized and empowered, under such regulations as he may promulgate, to assess, levy and collect a tax
upon such special fuels in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline, and the determination by the Commissioner of the power potential equivalent of such special motor fuels shall be prima facie correct. By 'power potential equivalent' is meant that quan tity of such special fuels, however measured, which contains the ap proximate number of British Thermal Units contained in one gallon of regular grade gasoline, and upon each such quantity of such
special fuels used upon the highways of this State a tax in the same amount and the same rate or use per gallon of motor fuel shall be assessed and collected.
Section 2. This Act shall become effective on July 1, 1969.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Paris of the 23rd moved that HB 982 be tabled.
On the motion, the roll call was ordered and the vote was as follows:
Adams Alexander Anderson Bariield Battle Bennett Berry, C. E. Berry, J. K. Bowen Brantley, H. L. Buck Caldwell Carnes Gates Chandler Cook Cooper, B. Daugherty Davis DeLong
Dillon Dixon Dollar Dorminy Douglas Egan Farmer Farrar Gay Gignilliat Grahl Graves Grier Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Higginbotham Howard
Hutchinson Jenkins Johnson, A. S. Jones, C. M. Jones, M. Lambros Lane, W. J. Lee, W. S. Leonard Levitas Matthews, C. Maxwell Miller Mixon Moate Murphy Nessmith Nimmer Odom Paris
2310
Pickard Rainey Richardson Russell Savage
JOURNAL OF THE HOUSE,
Smith, W. L. Starnes Sullivan Sweat Thompson, R.
Townsend Turner Westlake Whaley Wilson, J. M.
Those voting in the negative were Messrs.:
Barber Black Blalock Bond Bostick Branch Brantley, H. H. Bray Brown, C. Cato Cheeks Clarke
Cole Collins, J. P. Collins, M. Colwell Conner Cooper, J. R.
Cox Crowe, William Crowe, W. J. Dailey Dean Dent Dickinson Dodson Edwards Tallin Gaynor Gunter Hadaway Hale Hall Harris, R. W. Harrison Henderson Holder Hood
Joiner Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lane, Dick Lee, W. J. (Bill) Leggett Lewis Longino Lovell Lowrey Magoon Malone Matthews, D. R. Mauldin McDaniell Melton Merritt Moore, Don C. Moore, J. H. Mullinax Nash Newton Northcutt Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips
Poss Potts Ragland Reaves Roach Ross Rowland Rush Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, J. R. Smith, V. T. Snow Stalnaker Steis Thompson, A. W. Threadgill Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Wiggins Williams Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Ballard Brown, B. D. Busbee Doster Fleming Floyd
Funk Gary Hill Howell Johnson, B. Mason
McClatchey McCracken Moreland Smith, G. W. Tye Mr. Speaker
THURSDAY, FEBRUARY 29, 1968
2311
On the motion, the ayes were 75, nays 112.
The motion was lost.
An amendment, offered by Mr. Pafford of the 97th, was read and lost.
On the adoption of the Committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Black Blalock Branch Bray Brown, C. Cato Clarke
Cole Collins, J. F. Collins, M. Colwell Conner Cooper, J. R. Crowe, William Crowe, W. J. Dailey Dean Dickinson Dodson Dollar Edwards Fallin
Gay Gunter Hadaway Hale Hall Harrison Henderson Holder Howell Joiner
Jordan, G. Jordan, W. H. Kaylor Kirksey Laite Lambert Land Lee, W. J. (Bill) Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Matthews, D. R. Mauldin McCracken McDaniell Melton Moore, Don C. Mullinax Nash Newton Northcutt Otwell Palmer Parker, C. A. Parker, H. W. Parrish Peterson
Phillips Poss Potts Reaves Roach Ross Rowland Rush Scarlett Shanahan Sherman Shields Simmons Smith, J. R. Snow Starnes Steis Sullivan Thompson, R. Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Williams Wood
Those voting in the negative were Messrs.:
Adams Alexander Anderson Barber Barfield
Battle Berry, C. E. Berry J. K. Bond Bostick
Bowen Brantley, H. L. Brown, B. D. Buck Caldwell
2312
Carnes Gates Chandler Cheeks Cook Cooper, B. Cox Daugherty Davis DeLong Dent Dillon Dixon Dorminy Douglas Egan Farmer Farrar Funk Gary Gaynor Gignilliat Grahl Graves Grier Hamilton Hargrett
JOURNAL OP THE HOUSE,
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hood Howard Hutchinson Jenkins Johnson, A. S. Jones, C. M. Jones, M. Knapp Lambros Lane, Dick Lane, W. J. Lee, W. S. Le vitas Matthews, C. Maxwell McClatchey Merritt Miller Mixon Moate Moore, J. H. Murphy
Nessmith Odom Oglesby Pafford Paris Pickard Ragland Rainey Richardson Russell Savage Shuman Sims Smith, W. L. Sweat Thompson, A. W. Threadgill Turner Tye
Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles
Those not voting were Messrs.:
Ballard Bennett Brantley, H. H. Busbee Doster Fleming
Floyd Hill Johnson, B. Mason Moreland Nimmer
Smith, G. W. Smith, V. T. Stalnaker Townsend Mr. Speaker
On the adoption of the Committee substitute, the ayes were 94, nays 94.
The Speaker voted "aye".
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 29, 1968
2313
Those voting in the affirmative were Messrs.
Black Blalock Bostick Branch Bray Brown, C. Cato Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Dean Dickinson Dollar Edwards Fallin Gary Gay Gunter Hadaway Hale Hall Harrison Henderson Holder Howell
Johnson, A. S. Joiner Jordan, G. Jordan, W. H. Kaylor Kirksey Laite Lambert Land
Lee, W. J. (Bill) Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Matthews, D. R. Mauldin McCracken McDaniell Melton Moore, Don C. Mullinax Nash Newton Nimmer Northcutt Otwell Palmer Parker, C. A. Parrish Peterson
Phillips Poss Potts Reaves Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Smith, J. R. Snow Stalnaker Starnes Steis Sullivan Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Williams Wood
Those voting in the negative were Messrs.
Adams Alexander Anderson Barber Barfield Battle Berry, C. E. Berry, J. K. Bond Bowen Brantley, H. L. Brown, B. D. Buck Caldwell
Games Gates
Chandler Cook Cooper, B. Daugherty Davis DeLong Dent Dillon Dixon Dodson Dorminy Douglas Egan Farmer Farrar Funk
Gaynor Gignilliat Grahl Graves Grier Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hood Howard Jenkins Jones, C. M.
2314
Jones, M. Knapp Lambros Lane, Dick Lane, W. J. Lee, W. S. Levitas Matthews, C. Maxwell McClatchey Merritt Miller Mixon Moate Moore, J. H.
JOURNAL OP THE HOUSE,
Moreland Murphy Nessmith Odom Oglesby Pafford Paris Parker, H. W. Pickard Ragland Rainey Richardson Sims Smith, V. T. Smith, W. L.
Sweat Thompson, A. W. Thompson, R. Theadgill Townsend Turner Tye Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles
Those not voting were Messrs.:
Ballard Bennett Brantley, H. H. Busbee Doster
Fleming Floyd Hill Hutchinson Johnson, B.
Mason Smith, G. W. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 101, nays 91.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Vaughn of the 117th served notice that at the proper time, he would ask the House to reconsider its action in failing to give the requisite constitutional majoriy to HB 982, by substitute.
The Speaker announced the House recessed until 2:15 o'clock P.M.
AFTERNOON SESSION
The Speaker called the House to order.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1055. By Messrs. McCracken of the 39th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st: A Bill to be entitled an Act to amend Code Chapter 34-7, relating to election districts and polling places; and for other purposes.
THURSDAY, FEBRUARY 29, 1968
2315
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1055
The Committee of Conference has met and recommends the following substitute for HB 1055:
A BILL
To be entitled an Act to amend Code Chapter 34-7, relating to elec tion districts and polling places, so as to provide that no election dis trict shall contain more than 2,000 electors if at the previous general election all persons desiring to do so had not completed voting one hour following the closing of the polls; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Chapter 34-7, relating to election districts and polling places, is hereby amended by adding between Code Section 34-704 and 34-705 a new section to be known as Section 34-704.1 which shall read as follows:
"34-704.1. If at the previous general election, an election dis trict contained more than 2,000 electors, and if all those electors desiring to do so had not completed voting one hour following the closing of the polls, the ordinary or the Elections Board, as the case may be, shall reduce the size of said election district so that it shall contain not more than 2,000 electors in accordance with the procedures prescribed by this Chapter for the division, alter ation and consolidation of election districts. For administering this section, the poll manager of an election district which contained more than 2,000 electors at the previous general election shall submit a report thereof, under oath, to the ordinary or the Elections Board as to the time required for completion of voting by all persons in line at the time the polls were closed."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
This 28th day of February, 1968.
FOR THE HOUSE: McCracken of the 49th Lambert of the 38th Wiggins of the 32nd
FOR THE SENATE: Broun of the 46th Gardner of the 1st Kilpatrick of the 44th
2316
JOURNAL OF THE HOUSE,
Mr. Wiggins of the 32nd moved that the report of the Committee of Con ference on HB 1055 be adopted.
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 Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Carnes Gates Cato Chandler Cheeks Cole Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Dailey Daugherty Dent Dickinson Dillon Dixon Dodson Dorminy Douglas Egan Fallin Farmer Floyd
Funk Gary Gay
Gaynor Gignilliat Grahl Graves Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Howard Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Kaylor Kirksey
Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton
Merritt Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Nimmer Northcutt Odom Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Pickard Potts Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill
THURSDAY, FEBRUARY 29, 1968
2317
Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling
Wamble Ward Ware
Wells Whaley Wiggins
Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative was Mr. Turner.
Those not voting were Messrs.:
Barfield Bostick Bowen Brown, B. D. Buck Busbee Caldwell Clarke Collins, J. P. Crowe, William Crowe, W. J. Davis Dean DeLong Dollar Doster Edwards
Farrar Fleming Grier Hadaway Hale Hamilton Higginbotham Hill Hood Jenkins Johnson, B. Jordan, G. Jordan, W. H. Laite Land Lovell McDaniell
Miller Moate Newton Oglesby Peterson Poss Ragland Ross Smith, G. W. Snow Stalnaker Sullivan Underwood Westlake Williams Mr. Speaker
On the motion, the ayes were 154, nays 1.
The report of the Committee of Conference on HB 1055 was adopted.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 854. By Mr. Dodson of the 107th:
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 Federal and State excise taxes which are imposed upon motor fuel from the tax imposed by said Act; and for other purposes.
The following Committee substitute was read:
2318
JOURNAL OF THE HOUSE,
A BILL
To be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exempt all Federal and State excise taxes which are imposed upon motor fuel from the tax imposed by said Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act," approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by adding to Section 3(c)2 a new subparagraph to be known as subparagraph (V) and to read as follows:
"(V). All Federal and State excise taxes which are imposed upon the sale of motor fuel by the provisions of Section 4081 of the Internal Revenue Code of 1954 and Code Chapter 92-14 of the Code of Georgia, respectively; and all such excise taxes shall be excluded in determining the liability for the payment of the tax imposed by this Act upon the sale of motor fuel."
SECTION 2 This Act shall become effective July 1, 1969.
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment, offered by Mr. Wamble of the 90th was read and lost.
The following amendment was read:
Mr. Parker of the 55th moves to amend the Committee substitute to HB 854 by adding to Section 1 the following:
All Federal and State excise tax which are imposed on liquor, cigarettes, whisky, wine and beer shall be excluded.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 29, 1968
2319
Those voting in the affirmative were Messrs.:
Ballard Brown, B. D. Carnes Cooper, J. R. Davis Dillon Farmer Farrar
Harris, J. R. Higginbotham Jones, M. Kirksey Laite Lee, W. S. McClatchey Pafford
Paris Parker, H. W. Shields Shuman Smith, G. W. Thompson, A. W. Turner Williams
Those voting in the negative were Messrs.:
Adams Alexander Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bowen Branch Brantley, H. H. Brantley, H. L.
Bray Brown, C. Caldwell Cato Chandler Cheeks Clarke Cole Colwell Conner Cook Cooper, B. Cox Crowe, William Dailey Daugherty Dean Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Fallin Floyd
Funk Gary Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Hill Holder Hood Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Kaylor Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Longino Lowrey Magoon
Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Otwell Palmer Parker, C. A. Parrish Poss Potts Ragland Rainey
Reaves Richardeson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Simmons Sims Smith, J. R. Smith, V. T.
2320
Smith, W. L. Starnes Steis Sullivan Sweat Thompson, R. Threadgill Townsend
JOURNAL OF THE HOUSE,
Tucker Tye Underwood
Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward
Ware Wells Westlake
Whaley Wiggins Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Bond Bostick Buck Busbee Gates Collins, J. F. Collins, M. Crowe, W. J. DeLong Dollar Doster
Fleming Gay Howard Johnson, B. Jordan, G. Jordan, W. H. Lovell Mason McCracken Moate Moreland
Odom Oglesby Peterson Phillips Pickard Snow Stalnaker Wilson, J. M. Mr. Speaker
On the adoption of the amendment, the ayes were 24, nays 150.
The amendment was lost.
Mr. Floyd of the 7th moved that HB 854 and all amendments thereto be tabled.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Barber Berry, C. E. Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Caldwell Carnes
Chandler Clarke Cooper, B. Cox Daugherty Dent Dillon Dixon Dorminy Egan Farmer Farrar
Floyd Funk Grahl Grier Gunter Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Henderson Higginbotham
THURSDAY, FEBRUARY 29, 1968
2321
Hill Howard Hutchinson Jenkins Johnson, A. S. Jones, C. M. Jones, M. Kirksey Laite Lambert Lambros Lane, Dick Lane, W. J.
Lee, W. S. Levitas Longino Matthews, C. Mauldin McClatchey McDaniell Melton Moate Moore, Don C. Murphy Nessmith Odom
Pafford Palmer Paris Parker, C. A. Parker, H. W. Savage Smith, V. T. Townsend Tucker Turner Walling Williams Wilson, J. M.
Those voting in the negative were Messrs.:
Anderson Ballard Barfield Battle Bennett Berry, J. K. Black Blalock Branch Bray Cato Cheeks Cole Colwell Conner Cook Cooper, J. R. Crowe, William Dailey Davis Dean DeLong Dickinson Dodson Douglas Edwards Fallin Gary Gaynor Gignilliat Graves Hadaway Hale Hall Harris, J. F.
Harrison Holder Howell Joiner Kaylor Knapp Land Lee, W. J. (Bill) Leggett Leonard Lewis Lowrey Magoon Malone Matthews, D. R. Maxwell McCracken Merritt Miller Mixon Moore, J. H. Mullinax Nash Newton Nimmer Northcutt Otwell Parrish Phillips Poss Potts Rainey Reaves Richardson Roach
Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wisrgins Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Bond Bostick
Busbee Gates
Collins, J. F. Collins, M.
2322
Crowe Dollar Doster Fleming Gay Hood Johnson, B.
JOURNAL OF THE HOUSE,
Jordan, G. Jordan, W. H. Lovell I Mason Moreland Oglesby
Peterson
Pickard Ragland Smith, W. L. Snow Stalnaker Mr. Speaker
On the motion, the ayes were 75, nays 104.
The motion was lost.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Ballard Battle Berry, J. K. Black Blalock Branch Bray
Brown, C. Cato Chandler Cheeks Cole Colwell Conner
Cook Cooper, J. R. Crowe, William Dailey Davis Dean DeLong Dickinson Dodson
Douglas Edwards Fallin Floyd Gary Gay Gignilliat Grier
Hadaway Hale Hall Harrington Harris, J. F. Harrison Higginbotham
' Hill Holder Howell Johnson, A. S. Joiner, F. A. Jordan, G. Kaylor Knapp Lambert
Land Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Lowrey Magoon
Malone Matthews, C. Matthews, D. R. Maxwell McCracken Melton Merritt
Miller Moore, Don C. Moore, J. H. Mullinax Nash Newton Ninimer Northcutt Palmer
Parrish Phillips Poss
PottS
Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett
THURSDAY, FEBRUARY 29, 1968
2321
Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, W. L. Steis Sullivan Sweat Threadgill Tye Underwood
Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Wilson Winkles Wood
Those voting in the negative were Messrs.
Adams Alexander Barfield Bennett Berry, C. E. Brantley, H. H. Brantley, H. L. Brown, B. D. Caldwell Carnes Clarke Cooper, B.
Cox Daugherty Dent Dillon Dixon Dorminy Egan Farmer Farrar Funk
Gaynor Grahl Graves Gunter Hamilton Hargrett Harris, J. R. Harris, R. W. Henderson
Hood Howard Jenkins Jones, C. M. Jones, M. Kirksey Laite Lambros Lane, Dick Lane, W. J. Lee, W. S. Longino Mauldin
McClatchey McDaniell Mixon Murphy Nessmith Odom Otwell Pafford Paris Parker, C. A. Parker, H. W. Savage Simmons Smith, V. T. Thompson, A. W. Thompson, R. Townsend Tucker Turner Walling Williams Wilson, J. M.
Those not voting were Messrs.:
Barber Bond Bostick Bo wen Buck Busbee Gates Collins, J. F. Collins, M.
Crowe, W. J. Dollar Doster Fleming Hutchinson Johnson, B. Jordan, W. H. Lovell Mason
Moate Moreland Oglesby Peterson Pickard Snow Stalnaker Starnes Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 112, nays 66.
2324
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Vaughn of the 117th moved that HB 854 be immediately transmitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Anderson Ballard Battle Berry, J. K. Black Blalock Branch Brantley, H. H. Bray Brown, C. Cato Cheeks Cole Colwell Conner Cook Cooper, J. R. Crowe, William Dailey Davis Dean Dickinson Dodson Douglas Edwards Fallin Gary Gay Gignilliat Grier Hadaway Hall Hamilton Harris, J. P. Harrison Henderson
Hill Holder Hood Howell Hutchinson Johnson, A. S. Joiner Jordan, G. Kaylor Kirksey Knapp Lambert Land Lee, W. J. (Bill) Leggett Leonard Lewis Lowrey Magoon Malone Matthews, D. K. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Moore, Don C. Mullinax Nash Nimmer Northcutt Otwell Parker, C. A. Parrish Phillips
Poss Potts Eagland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, W. L. Starnes Steis Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Alexander Barfield
Bennett Berry, C. E.
Brantley, H. L. Brown, B. D.
Caldwell Games Chandler Clarke Cooper, B. Cox Daugherty Dent Dillon Dixon Dorminy Egan Farmer Farrar Floyd Gaynor Grahl Graves Gunter Hargrett Harrington
THURSDAY, FEBRUARY 29, 1968
2325
Harris, J. R. Harris, R. W. Higginbotham Howard Jenkins Jones, C. M. Jones, M. Laite Lambros Lane, Dick Lane, W. J. Lee, W. S. Le vitas Longino McClatchey Mixon Moate Moore, J. H. Murphy Nessmith Newton
Odom Pafford Palmer Paris Parker Pickard Savage Simmons Smith, V. T. Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Walling Williams Wilson, J. M.
Those not voting were Messrs. :
Barber Bond Bostick Bo wen Buck Busbee Gates Collins, J. F. Collins, M. Crowe, W. J.
DeLong Dollar Doster Fleming Funk Hale Johnson, B. Jordan, W. H. Lovell Mason
Matthews, C. Moreland Oglesby Peterson Snow Stalnaker Sullivan Mr. Speaker
On the motion, the ayes were 110, nays 67.
The motion prevailed, and HB 854 was ordered immediately transmitted to the Senate.
HB 1313. By Messrs. McCracken of the 49th, Mixon of the 81st, Funk of the 116th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1010, so as to provide that candidates for the office of presidential electors seeking to have their names placed upon the ballot through nomination petitions shall not be required to compile a separate petition for each candidate for such office; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2326
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 113, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
SB 293. By Senator Webb of the llth:
A Bill to be entitled an Act to provide that any Bill making a change in the amount of the compensation or allowances of any elected or ap pointed State department or agency head must be introduced in the General Assembly during the first ten days of any session thereof; 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 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 Blalock Brantley, H. H. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Cato Chandler Cheeks Clarke Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William
Dailey Daugherty Dent Dickinson Dillon Dixon Dodson Douglas Edwards Egan Fallin Farmer Farrar Floyd Gary
Gay Gaynor Gignilliat Graves Grier Gunter Hall Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson
Holder Hood Howard Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R.
THURSDAY, FEBRUARY 29, 1968
2327
Mauldin McClatchey McCracken McDaniell Melton Merritt Mixon Moate Moore, Don C. Mullinax Nash Newton Nimmer Northcutt Odom Otwell Palmer Paris Parker, H. W. Parrish
Phillips Pickard Potts Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, J. R. Smith, W. L.
Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Whaley Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Anderson Branch Bray Cole
Punk Kaylor Murphy Parker, C. A.
Poss Smith, V. T.
Those not voting were Messrs.:
Barfield Bennett Bond Bostick Bowen Brantley, H. L. Gates Collins, J. F. Crowe, W. J. Da vis Dean DeLong Dollar Dorminy Doster Fleming Grahl Hadaway
Hale Hamilton Hargrett Higginbotham Hill Howell Jenkins Johnson, B. Jordan, W. H. Leggett Leonard Le vitas Maxwell Miller Moore, J. H. Moreland Nessmith
Oglesby Pafford Peterson Ragland Rainey Smith, G. W. Snow Stalnaker Steis Sullivan Turner Ware Wells Westlake Wiggins Williams Mr. Speaker
On the passage of the Bill, the ayes were 143, nays 10. The Bill, having received the requisite constitutional majority, was passed.
2328
JOURNAL OP THE HOUSE,
HB 1462. By Mr. Jones of the 76th:
A Bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to make certain transactions the equivalent of a retail sale under said Act; to provide the measure of tax liability in such instances; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act," approved February 20, 1951, (Ga. Laws 1951, p. 360, et seq.), as amended, so as to make certain transac tions the equivalent of a retail sale under said Act; to provide the mea sure of tax liability in such instances; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
The "Georgia Retailers' and Consumers' Sales and Use Tax Act," approved February 20, 1951, (Ga. Laws 1951, p. 360, et seq.), as amended, is hereby further amended by adding a new paragraph follow ing Section 8, to be numbered Section 8 (a), to read as follows:
"(a) If a person who engages in the business of processing, manufacturing or converting industrial materials into articles of tangible personal property for sale, whether as custom made or stock items, makes any use of such an article other than retaining, demonstrating or displaying it for sale, such use shall be deemed a retail sale as of the time such article is first used by him and its fair market value at such time shall be deemed the sales price of such article. If the sole use of such article other than retaining, demonstrating or displaying it for sale is the rental of such article while holding it for sale, the processor, manufacturer or converter may elect to treat the amount of the rental charged rather than the fair market value of such article as its sales price."
SECTION 2
The provisions of this Act shall become effective April 2, 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 substitute, was agreed to.
THURSDAY, FEBRUARY 29, 1968
2329
On the passage of the Bill by substitute the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Dean Dent Dillon Dodson Dorminy Douglas Edwards Fallin Farmer Farrar Funk Gary
Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Holder Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Mixon Moate Moore, Don C.
Moore, J. H. Moreland Mullinax Nash Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Phillips Pickard Poss Potts Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Starnes Steis Sullivan Thompson, R. Threadgill Tucker Turner Tye Underwood Vaughan, D. N. Walling Wamble Ward
2330
Ware Wells Whaley
JOURNAL OF THE HOUSE,
Wiggins Williams Wilson, R. W.
Winkles Wood
Those voting in the negative were Messrs.:
Henderson
McDaniell
Wilson, J. M.
Those not voting were Messrs.:
Bostick Bowen Buck Collins, J. P. Cox Crowe, W. J. Davis DeLong Dickinson Dixon Dollar Doster Egan Fleming Floyd Hadaway
Hale Higginbotham Hill Hood Howard Howell Jordan, W. H. Lane, W. J. Leggett Leonard Levitas Lovell Matthews, D. R. McCracken Miller Murphy
Oglesby Paris Peterson Ragland Ross Shuman Smith, G. W. Snow Stalnaker Sweat Thompson, A. W. Townsend Vaughn, C. R. Westlake Mr. Speaker
On the passage of the Bill by substitute, the ayes were 155, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1156. By Messrs. Sherman of the 105th and Maxwell of the 106th:
A Bill to be entitled an Act to amend an Act known as "The Georgia Public Assistanct Act of 1965", so as to provide that acceptance of public assistance payments after a certain date shall constitute a debt of the recipient; and for other purposes.
The following amendment was read and adopted:
The Committee of the House on Welfare moves to amend House Bill 1156 as follows:
1. By adding to Section ISA (3) at line four (4) between the words "instituted" and "probate" the phrase "or joined in"
THURSDAY, FEBRUARY 29, 1968
2331
2. By striking the phrase in ISA (4) "to any person or persons, bodies politic or corporate" which appears after the words bona fide and substituting in lieu thereof the following: "to any per son, firm, corporation, or association".
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 Ballard Barber Battle Berry, J. K. Black Branch Brantley, H. H. Bray Brown, C. Cheeks Clarke Cole Conner Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey DeLong Dickinson Dillon Dixon Dodson Edwards Egan Farrar Fleming Floyd Funk Gary Gaynor Gignilliat Graves Hale
Hall Hargrett Harrington Harris, J. R. Henderson Holder Howard Jenkins Johnson, B. Jones, C. M. Kaylor Kirksey Knapp Lambert Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Moate Moreland Mullinax Nash Nimmer Northcutt Oglesby
Pafford Parker, C. A. Parrish Peterson Phillips Poss Rainey Richardson Roach Russell Savage Scarlett Sherman Shuman Sims Smith, J. R. Smith, W. L. Starnes Steis Thompson, R. Threadgill Tucker Tye Underwood Walling Wamble Ward Wells Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Alexander Barfield
Bennett Berry, C. E.
Blalock Bond
2332
Brantley, H. L. Brown, B. D. Cato Colwell Cox Daugherty Dent Dorminy Douglas Fallin Farmer Gay Grahl Grier Hadaway Hamilton Harris, J. F.
JOURNAL OF THE HOUSE,
Harrison Hood Hutchinson Johnson, A. S. Joiner Jones, M. Jordan, G. Laite Leonard Lovell Magoon Malone McClatchey Merritt Mixon Moore, Don C. Murphy
Nessmith Newton Odom Otwell Potts Reaves Rowland Rush Shanahan Simmons Smith, V. T. Sullivan
Sweat Thompson, A. W. Turner Vaughan, D. N.
Those not voting were Messrs.:
Bostick Bo wen Buck Busbee Caldwell Carnes Gates Chandler Collins, J. F. Collins, M. Cook Davis Dean Dollar
Doster Gunter Harris, R. W. Higginbotham Hill Howell Jordan, W. H. Lambros Lane, W. J. Levitas Melton Miller Moore, J. H. Palmer
Paris Parker, H. W. Pickard Ragland Ross Shields Smith, G. W. Snow Stalnaker Townsend Vaughn, C. R. Ware Westlake Mr. Speaker
On the passage of the Bill as amended, the ayes were 107, nays 56.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1423. By Messrs. Barber of the 24th, Stalnaker of the 59th, Wells of the 30th, Lewis of the 50th and others: A Bill to be entitled an Act to provide for tenure salary and compen sation for those elective officers the election of which is provided for by Articles IV and V of the Georgia Constitution of 1945; to provide that the provisions of this Act shall not apply to certain designated of ficers ; and for other purposes.
The following Committee substitute was read:
THURSDAY, FEBRUARY 29, 1968
2333
A BILL
To be entitled an Act To provide for tenure, salary and compen sation for those elective officers the election of which is provided for by Articles IV and V of the Georgia Constitution of 1945; to provide that the provisions of this Act shall not apply to certain designated officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
The officers who are elected by persons qualified to vote for mem bers of the General Assembly, whose elections are provided for in Arti cles IV and V of the Constitution of 1945, shall be paid a base salary of Twenty-five thousand dollars ($25,000.00) per annum and shall be addi tionally compensated by a tenure salary of eight hundred ($800.00) dollars per annum for each four (4) years of State service with a branch or department of State Government, up to a maximum of twenty (20) years service, financed by appropriations payable through the State Treasury figured at the beginning of each such period of State service.
SECTION 2
The provisions of this Act shall not apply to the Governor, Lieuten ant Governor, Attorney General, or members of the House of Repre sentatives or Senate.
SECTION 3
All laws and parts of laws in conflict herewith are hereby repealed. The following amendments were read and adopted:
Mr. Murphy of the 26th moves to amend HB 1423 (Committee sub stitute) by striking from Section One lines 6 and 7 the following:
"with a branch or department of state government."
and inserting in lieu thereof the following:
"in said constitutional office."
and also by striking from the end of Section One the following:
"figured at the beginning of each such period of state service."
Mr. Tucker of the 36th moves to amend HB 1423 (Committee sub stitute) by adding at the end of Section 2 the following:
"The provisions of this Act shall be effective January 1, 1971."
2334
JOURNAL OP THE HOUSE,
Mr. Floyd of the 7th moves to amend Committee substitute to HB 1423 as follows:
By adding at the end of Section 1 the following:
"The maximum compensation payable under the provisions of this Act to any such officer shall not exceed $29,000.00 per annum, and shall be in lieu of all other remunerations and allowances, with the exception of reimbursement of actual expenses as provided by law, and shall be reduced by any sums received as compensation or remuneration by any federal department or agency." The following amendment was read:
Mr. Magoon of the 19th moves to amend Committee substitute to HB 1423 by striking from Section 2 "Attorney General".
On the adoption of the amendment the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Ballard Battle Berry, J. K. Branch Gates Cato Cheeks Collins, M. Colwell Cooper, B. Cooper, J. R. Crowe, William Davis DeLong Dickinson Dodson Edwards Fallin Floyd Gaynor Gignilliat
Graves Grier Henderson Hill Howard Johnson, A. S. Kirksey Knapp Laite Leggett Leonard Lovell Lowrey Magoon Malone Matthews, D. R. McDaniell Merritt Miller Moore, Don C. Moore, J. H.
Those voting in the negative were Messrs.:
Adams Anderson Barber Barfield Bowen Brantley, H. H.
Bray Brown, C. Busbee Caldwell Carnes Chandler
Oglesby Otwell Parker, H. W. Potts Rowland Russell Savage Smith, J. R. Smith, W. L. Snow Sweat Threadgill Wamble Ward Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W Wood
Clarke Cole Conner Cook Cox Dean
THURSDAY, FEBRUARY 29, 1968
2335
Dent Dillon Dixon Dorniiny Douglas Farmer Farrar Funk Gary Grahl Gunter Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Holder Howell Hutehinson Jones, C. M. Jones, M.
Jordan, G. Kaylor Lambert Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lewis Longino Mason Matthews, C. Mauldin Maxwell McCracken Mixon Moate Mullinax Murphy Nash Nessmith Newton Northcutt Odom Pafford
Palmer Paris Parrish Poss Reaves Richardson Rush Scarlett Shanahan Shields Simmons Sims Smith, V. T. Steis Thompson, R. Townsand Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Wells Williams
Those not voting were Messrs.:
Alexander Bennett Berry, C. E. Black Blalock Bond Bostick Brantley, H. L. Brown, B. D. Buck Collins, J. F. Crowe, W. J. Dailey Daugherty Dollar Doster Egan Fleming
Gay Hadaway Harrison Higginbotham Hood Jenkins Johnson, B. Joiner Jordan, W. H. Lambert Lane, W. J. Levitas McClatchey Melton Moreland Nimmer Parker, C. A.
Peterson Phillips Pickard Ragland Rainey Roach Ross Shuman Smith, G. W. Stalnaker Starnes
Sullivan Thompson, A. W. Turner Underwood Winkles Mr. Speaker
On the adoption of the amendment, the ayes were 62, nays 91.
The amendment was lost. The following amendment was read:
2336
JOURNAL OF THE HOUSE,
Mr. Leonard of the 3rd moves to amend HB 1423 (Committee sub stitute) as follows:
By striking Section 2 in its entirety and inserting the following:
"The provisions of this Act will not apply to Governor, Lieu tenant Governor, or Attorney General."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Voting in the affirmative was Mr. Leonard.
Those voting in the negative were Messrs.
Adams Alexander Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Bond Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey
Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dorminy Douglas Edwards Egan Pallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson
Higginbotham Hill Holder Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Merritt
THURSDAY, FEBRUARY 29, 1968
2337
Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss
Potts Rainey Reaves Richardson
Roach 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
Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bennett Blalock Bostick Buck Collins, J. F. Crowe, W. J. Daugherty Dollar Doster
Fleming Hood Howard Jenkins Johnson, B. Jordan, W. H. Lane, W. J. McClatchey Melton
Nimmer Phillips Pickard Ragland Ross Shuman Sullivan Winkles Mr. Speaker
On the adoption of the amendment, the ayes were 1, nays 177.
The amendment was lost.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alexander Ballard Barber Barfield Black Brantley, H. H. Bray Brown, C. Busbee Caldwell Gates
Chandler Cheeks Colwell Conner Cooper, B. Cooper, J. R. Dailey Dean Dent Dillon Dodson
Douglas Edwards Egan Farmer Gay Gaynor Gunter Hall Harris, R. W. Harrison Henderson
2338
JOURNAL OP THE HOUSE,
Holder Johnson, A. S. Joiner Jones, C. M. Kirksey Knapp Lambert Lambros Land Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lovell Matthews, C. Matthews, D. R. Mauldin McCracken
Miller Moore, Don C. Moore, J. H. Murphy Nash Nessmith Newton Northcutt Paris Parker, C. A. Parker, H. W. Phillips Poss Rainey Reaves Roach Rowland Russell Savage
Scarlett Shanahan Sherman Simmons Sims Smith, V. T. Snow Stalnaker Steis Townsend Underwood Walling Ward Ware Wells Williams Winkles
Those voting in the negative were Messrs.
Adams Anderson Battle Berry, J. K. Bond Bowen Branch Brantley, H. L. Carnes Cato Clarke Cole Collins, M. Cook Cox Crowe, William Daugherty Davis DeLong Dickinson Dixon Dorminy Fallin Parrar Ployd Funk Gary Gignilliat
Grahl Graves Grier Hadaway Harrington Harris, J. F. Harris, J. R. Higginbotham Hill Hood Howard Howell Hutchinson Jones, M. Jordan, G. Kaylor Laite Lane, Dick Leonard Le vitas Lowrey Magoon Malone Maxwell McDaniell Mixon Moate Mullinax
Odom Oglesby Otwell Palmer Parrish Potts Richardson Smith, G. W. Smith, J. R. Smith, W. L. Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bennett Berry, C. E.
Blalock Bostick
Brown, B. D. Buck
THURSDAY, FEBRUARY 29, 1968
2339
Collins, J. F. Crowe, W. J. Dollar Doster Fleming Hale Hamilton Hargrett Jenkins Johnson, B.
Jordan, W. H. Lane, W. J. Mason McClatchey Melton Merritt Moreland Nimnier Pafford Peterson
Pickard Ragland Ross Rush Shields Shuman Sullivan Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 88, nays 83.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Barber of the 24th served notice that at the proper time, he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 1423, by substitute, as amended.
The following message was received from the Senate through Mr. Whorter the Secretary thereof:
The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:
HB 1055. By Messrs. McCracken of the 39th, Wiggins of the 32nd, Maxwell of the 106th, and others:
A Bill to amend Code Chapter 34-7, relating to election districts and polling places, so as to provide that no election district shall contain more than 2,000 electors if at the last general election all persons de siring to do so had not completed voting one hour following the closing of the poll; 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.
2340
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Friday, March 1, 1968
The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.
The following prayer was offered by Rev. J. Howard Cobble, Pastor, Taber nacle Baptist Church, Carrollton, Georgia.
Oh God, who indwellest in our poor and shabby human lives, lifting us out of greed, selfishness and pettiness when we permit, allowing them to shine with joy and love and peace which comes from thy great light, grant that these men of government may not obscure the splendor of thy presence but rather make it plainly visible through their search for justice, mercy, and goodness.
May the legislators stand today for whatever is just and pure and good; For the advancement of true learning; In the rights of the weak and oppressed, particularly those children who depend on them for keeping; For the conservation of the rich traditions of the past; For the hope of better days to come.
Give these representatives a heart like the heart of Him in whose
name we pray--a brave heart, a true heart, a tender heart, a heart fixed
on Thee.
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 unamious consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
FRIDAY, MARCH 1, 1968
2341
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, Friday, March 1, 1968, and submits the following:
(Said Calendar will be amended this morning by a Supplemental Calendar)
HB 399- 912. Development Authorities, create
HB
920. Solicitors-General, Emeritus (Reconsidered)
HB
948. Alcoholic beverages, fixtures, contraband
HB
984. Motor fuel tax, purchased out of State
HB 1165. Non-resident, doing business in State
HR 537-1179. Ad valorem taxes, persons exempt
HB 1195. Auction sales, auctioneer agent to both parties
HB 1217. Planning Commission, counties and municipalities
HB 1246. Governor, purchase of passenger automobiles
HR 596-1247. Sales Tax, personal property, out of State
HR 597-1247. Sales tax, ratify, Holy Bible
HR 598-1247. Sales tax, ratify, Non-Profit Hospitals
HR 599-1247. Sales tax, ratify, Non-Profit Schools
HR 600-1247. Governor, Executive Center, official residence
HR 603-1280. Convey land, Stephens County
HR 608-1295. Teachers' Retirement, retirement allowances
HB 1311. Pornographic material, unlawful to sell
HB 1333. Commercial feed stuffs, inspection fees
HB 1340. Superior and City Courts, microfilm matters
HB 1375. State Board of Education, persons enter contracts
HB 1377. Lake Lanier Islands Development Authority
HB 1420. Municipal and counties, create Planning Department
HR 679-1465. Levy of taxes, Fulton County
2342
JOURNAL OF THE HOUSE,
HB 1478. Motor carriers tax, use of streets and highways
HR 716-1518. State Board of Pardons and Paroles--filling of vacancies of Board
HR 725-1550. General Assembly members elected different from Governor
SB
30. Trial Judges and Solicitors' Retirement Fund
SB
31. Superior Court Judges' Emeritus
SB
214. Contract, statute of limitations
SB
218. Commission on Arts
SB
314. Sales Tax, saw dust and wood shavings
SB
315. Real Estate Commission, members
All Compensation Resolutions
All Local Contested Bills
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, /s/ 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 1632. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Vaughn, Palmer and Malone of the 117th, Davis, Westlake and Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act creating and establishing a Recorder's Court for DeKalb County, so as to provide that the Clerk of the Recorder's Court may take affidavit for the issuance of warrants and issue warrants thereon; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1633. By Mr. Carnes of the 129th:
A Bill to be entitled an Act to amend an Act approved February 27, 1962, providing for an alternative method of annexing territory by municipalities of this State, so as to eliminate therefrom the provision regarding population; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, MARCH 1, 1968
2343
HB 1634. By Mr. Sims of the 131st:
A Bill to be entitled an Act to authorize and direct the Director of the Department of Public Safety to promulgate rules and regulations and devise forms to provide a service to persons eligible to apply for the issuance or renewal of a Georgia driver's license whereby certain in formation may be shown on the reverse side of such driver's license; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1635. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to create a board of examiners of peace officers; to provide for their appointment and terms of office; and for other purposes.
Referred to the Committee on State of Republic.
HB 1636. By Messrs. Clarke of the 45th and Pickard of the 112th:
A Bill to be entitled an Act to amend an Act creating the Department of Commerce (now the Department of Industry and Trade), so as to empower the director to reimburse authorized personnel of the Depart ment for the actual cost incurred in the pursuit of offical business for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other transpor tation; and for other purposes.
Referred to the Committee on Industry.
HR 784-1636. By Messrs. Clarke of the 45th and Pickard of the 112th:
A Resolution proposing an amendment to the Constitution so as to au thorize the Department of Industry and Trade to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry, or tourism within the State; and for other purposes.
Referred to the Committee on Industry.
HR 785-1636. By Mr. Nash of the 22nd:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the creation of a Merit System of employment for any or all present and future employ ees of Gwinnett County other than elected officials; and for other pur poses.
Referred to the Committee on Local Affairs.
2344
JOURNAL OP THE HOUSE,
HB 1637. By Messrs. Westlake, Davis and Higginbotham of the 119th, Palmer, Malone and Smith of the 117th:
A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of the public school systems of certain counties; to provide for the time of employment in order to come within the scope of the tenure coverage; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1638. By Messrs. Davis, Westlake and Higginbotham of the 119th and Smith of the 117th:
A Bill to be entitled an Act to require the board of education of each county with a population of not less than 250,000 nor more than 500,000, to publish a summary of all receipts and expenditures of said board of education on a quarterly basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1639. By Messrs. Peterson and Stalnaker of the 59th: A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to change the compensation of the mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1640. By Mr. Leggett of the 21st: A Bill to be entitled an Act to require all banks, lending institutions and credit institutions doing business in Georgia to furnish any borrower with an itemized breakdown of interest charges, service charges and similar charges when requested to do so by the borrower by registered or certified letter; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 1641. By Mr. Mixon of the 81st: A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Irwin County into the single office of Tax Commis sioner of Irwin County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1642. By Mr. Barker of the 24th: A Bill to be entitled an Act to amend an Act establishing the City Court of Jefferson in Jackson County, so as to change the salary of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, MARCH 1, 1968
2345
HB 1643. By Messrs. Longino of the 122nd, Turner of the 123rd, Lane of the 126th, Brantley of the 139th, Gates of the 123rd and others:
A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of the public school systems of each county of this State having a population of more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.
HR 786-1643. By Messrs. Lovell of the 6th, Magoon of the 19th, Higginbotham of the 119th, Rainey of the 69th, Dorminy of the 72nd, Mixon of the 81st, Parker of the 68th and others:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to reimburse certain employees of the State Game and Fish Commission; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 1644. By Messrs. Alexander of the 133rd, Bond of the 36th and Daugherty of the 134th, Mrs. Hamilton of the 137th, and Messrs. Grier of the 132nd, Hood of the 124th and Brown of the 135th:
A Bill to be entitled an Act to prohibit discrimination in the applying for, inspecting, renting, purchasing, leasing, and occupying of certain houses in the City of Atlanta because of race, color, sex, ancestry or national origin; to provide a definition; to provide that certain actions and transactions shall not be prohibited by this Act; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1645. By Messrs. Battle of the 116th, Smith of the 114th, Whaley and Tye of the 115th, Berry and Gignilliat of the 113th:
A Bill to be entitled an Act to provide that employees of all political subdivisions of Chatham County and the City of Savannah shall have the right of self-organization; to state the public policy; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1646. By Mr. Scarlett of the 85th:
A Bill to be entitled an Act to amend the charter of the City of Bruns wick in the County of Glynn, so as to define the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
2346
JOURNAL OF THE HOUSE,
HB 1647. By Messrs. Matthews and Farmer of the 29th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to provide for the time of holding the annual municipal election; to provide that any person who holds a municipal elective office may not hold any other public elective office at the same time; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1618. By Messrs. Howard and McDaniell of the 101st and Cooper of the 103rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Elizabeth, so as to reincorporate the Town of Elizabeth as Empire City; to define the corporate limits of said city; and for other purposes.
HB 1619. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd and Wilson of the 102nd: A Bill to be entitled an Act to repeal an Act incorporating Machinery City in the County of Cobb; and for other purposes.
HB 1620. By Messrs. Walling and Farrar of the 118th and Jenkins of the 119th:
A Bill to be entitled an Act to amend an Act amending, revising, super seding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners of Roads and Revenues, so as to reconstitute commissioner districts and to redefine the duties and powers of the Chairman and the Executive Assistant and for other purposes.
HB 1621. By Messrs. Walling, Farrar and Levitas of the 118th, Jenkins of the 119th, Vaughn, Palmer and Malone of the 117th: A Bill to be entitled an Act to amend an Act amending, revising, super seding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners of Roads and Revenues, so as to provide for the nonpartisan election of the Chairman and members of the Board of Commissioners of Roads and Revenues for DeKalb County; and for other purposes.
HB 1623. By Messrs. Northcutt, Lee and Gary of the 35th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing in
FRIDAY, MARCH 1, 1968
2347
lieu thereof an annual salary for the Ordinary, so as to change the compensation of the Ordinary; and for other purposes.
HB 1624. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing in lieu thereof an annual salary for the Sheriff, so as to change the compen sation of the Sheriff; and for other purposes.
HB 1625. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of the superior court of Fayette County, so as to change the compensation of the clerk of the superior court; and for other purposes.
HB 1626. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Fayette County, so as to change the compensation of the Tax Commissioner; and for other purposes.
HB 1627. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style, so as to provide for a referendum for annexation of property to be held within six months after passage of this Act; and for other purposes.
HR 779-1627. By Messrs. Miller of the 108th, Ragland and Laite of the 109th:
A Resolution proposing an amendment to the Constitution so as to pro vide the procedure where taxes other than ad valorem property taxes may be assessed by Bibb County and the City of Macon; and for other purposes.
HB 1628. By Mr. Moate of the 39th:
A Bill to be entitled an Act to reincorporate the City of Sparta in the County of Hancock; to create a new charter for said city; and for other purposes.
HB 1629. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend Code Section 92-4901, relating to the duties of the tax collector, so as to provide additional duties for the tax collector; and for other purposes.
2348
JOURNAL OF THE HOUSE,
HB 1630. By Messrs. Gates, Turner and Cook of the 123rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, so as to change the terms of office of the may or and council; and for other purposes.
HB 1631. By Messrs. Howard 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 amending, revising, con solidating, and superseding several Acts incorporating the Town of Austell and reincorporating said Town as a City, so as to change the corporate limits of said City; and for other purposes.
HR 781-1631. By Messrs. Williams of the 16th, Crowe of the 1st, Knapp of the 109th, Gary of the 35th, Smith of the 44th and Vaughan of the 14th:
A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
HR 782-1631. By Mr. Dixon of the 83rd:
A Resolution proposing an amendment to the Constitution so as to pro vide that the powers, duties and responsibilities of the sheriff of Ware County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision thereof, shall be exercised by a county police force which shall be established by the governing authority of Ware County; and for other purposes.
SB 248. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing author ities in certain municipalities; and for other purposes.
SB 374. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; and for other purposes.
SB 378. By Senators Coggin of the 35th, Johnson of the 38th, Sells of the 37th, and others.
A Bill to be entitled an Act to amend an Act entitled "An Act to incor porate the City of Hapeville", to give said City of Hapeville jurisdiction beyond the corporate limits as extended a prescribed distance for police, sanitary; and for other purposes.
FRIDAY, MARCH 1, 1968
2349
SB 379. By Senators Coggin of the 35th, Johnson of the 38th, Sells of the 37th and others:
A Bill to be entitled an Act to amend an Act incorporating Union City, and the several Acts amendatory thereof; and for other purposes.
SB 380. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to incorporate the City of Daisy in Evans County, and provide a charter for said city; and for other purposes.
SB 382. By Senator McGill of the 24th:
A Bill to be entitled an Act to create and incorporate the Town of Rayle in the County of Wilkes; to grant a charter to that municipality under that name and style; and for other purposes.
SR 218. By Senators Johnson of the 38th, Stephens of the 36th, Smith of the 34th and others:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Atlanta to issue bonds without referendum and without regard to limitations on the maximum indebtedness authorized by other provisions of this Constitution; and for other purposes.
SR 224. By Senators Shea of the 3rd, Gardner of the 1st and Searcy of the 2nd:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of the Tax Commissioners of Chatham County; and for other purposes.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed a supplemental calendar for today's business, Friday, March 1, 1968 by adding and submitting the following:
HB
44. Civil liability, aid law enforcement officer
HB
325. Civil cases, deposit on court cases (Tabled)
HB
329. Master Barber, examination
HB
671. Teachers' Retirement, service for prior teaching
HB
881. Traffic violations, point system
HB
910. Fair Market Value, property 40% of value
2350
JOURNAL OF THE HOUSE,
HE 420- 932. Eminent domain, relocate occupants (Reconsidered)
HR 426- 941. Removal of Appointed Constitutional Officers
HB
950. Peace Officers' Annuity Fund
HB 1000. Retirement System, teacher credits
HB 1001. Retirement System, transfer credits
HB 1020. Retirement System, involuntary separation
HB 1050. Retirement System, employment after retirement
HB 1061. Highway Department, grant permits to utilities
HB 1077. Loans, secondary security deeds
HB 1078. Retail Installment and Home Sales Act
HB 1122. Legal advertisements, rates allowed publishers
HR 530-1156. Forward Georgia Commission, create
HR 537-1179. Ad valorem taxes, persons exempt
HB 1332. Private seed testing laboratories
HB 1333. Commercial feed stuffs, inspection fees
HB 1334. Citrus fruit, grades and standards
HB 1335. Livestock and stock, terms include horses
HB 1336. Stock and livestock, terms include horses HB 1338. Livestock, buying and selling, term include horses
HB 1348. Livestock, feeding of garbage HB 1438. Firearms and weapons, possession of (Reconsidered)
HR 673-1450. Western & Atlantic Railroad, control
HB 1451. Malt beverages, sell contraband
HB 1479. Manufactured homes, standard of construction
HR 709-1479. Western & Atlantic Railroad Commission
HB 1489. Sales tax, catfish and feed, stocking fish ponds
HB 1492. Board of Nursing Homes, licensing
HR 715-1515. Convey property, Wayne County
HB 1550. Insurance, State employees, Workmen's Compensation
HB 1586. Radiation, control, site for storage of wastes
FRIDAY, MARCH 1, 1968
2351
HB 1622. Tugboats, persons or firms, tax returns
SB
299. Georgia Administrative Procedure Act
SB
363. Highway Department, relocating utility systems
(All Compensation Resolutions)
(All Local Contested Bills)
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, George D. Busbee Busbee of the 79th, Vice-Chairman.
Mr. Floyd of the 7th, 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 1597. Do Pass. Respectfully submitted, Floyd of the 7th Chairman.
Mr. Rainey of the 69th, Chairman of the Committee on Game & Fish sub mitted the following report:
Mr. Speaker:
Your Committee on Game & Fish has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 422- 932. Do Pass by Substitute. Respectfully submitted, Rainey of the 69th Chairman.
2352
JOURNAL OF THE HOUSE,
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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 525-1114. Do Pass.
Respectfully submitted,
Vaughn of the 117th,
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 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 1352. Do Pass.
HR 771. Do Pass.
HR 775. Do Pass.
Respectfully submitted, Smith of the 3rd 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 Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB 1571. Do Pass, as Amended.
HB 1573. Do Pass.
HB 1574. Do Pass.
FRIDAY, MARCH 1, 1968
2353
HB 1592. Do Pass.
HB 1618. Do Pass, as Amended.
HB 1631. Do Pass.
HB 1632. Do Pass.
HB 1641. Do Pass.
HR 740-1616. Do Pass.
SB
190. Do Pass.
SB
282. Do Pass.
SB
354. Do Pass, as Amended.
SB
378. Do Pass.
HB 1474. Do Pass, as Amended.
HB 1639. Do Pass.
HB 1547. Do Pass, by Substitute.
HB 1575. Do Pass, by Substitute.
HB 1590. Do Pass, as Amended.
HB 1598. Do Pass.
HB 1599. Do Pass.
HB 1614. Do Pass.
HB 1615. Do Pass, by Substitute.
SB
319. Do Pass.
SR
180. Do Pass, as Amended.
SR
184. Do Pass, as Amended.
HB
776. Do Pass.
HB 1582. Do Pass.
HB 1619. Do Pass.
HB 1623. Do Pass.
HB 1624. Do Pass.
HB 1625. Do Pass.
HB 1626. Do Pass.
HB 1627. Do Pass.
HB 1628. Do Pass, as Amended.
HB 1630. Do Pass.
HR 732-1597. Do Pass, as Amended.
SB
241. Do Pass.
2354
SB SB SB SB SR
JOURNAL OF THE HOUSE,
242. Do Pass. 243. Do Pass. 328. Do Pass. 330. Do Pass. 194. Do Pass.
Respectfully submitted, Clarke of the 45th Chairman.
Mr. Busbee of the 79th, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lutions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 781-1631. Do Pass.
HR
701. Do Pass.
Respectfully submitted,
Busbee of the 79th,
Vice-Chairman.
Mr. Chandler of the 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 Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 1498. Do Pass, by Substitute.
HR 728-1570. Do Pass, as Amended.
Respectfully submitted,
Chandler of the 47th,
Chairman.
FRIDAY, MARCH 1, 1968
2355
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 1082. By Mr. Harrison of the 98th:
A Bill to amend an Act abolishing the office of county treasurer for the County of Charlton, so as to authorize the governing authority to desig nate, by resolution, banking institutions located in Charlton County and legally qualified as a state depository under the laws of Georgia, as a depository for the public funds for Charlton County; and for other purposes.
HB 1083. By Mr. Harrison of the 98th:
A Bill to amend an Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee system to a salary system, so as to authorize the governing authority to fix the sales of the deputies employed by the sheriff; and for other purposes.
HB 1084. By Mr. Harrison of the 98th:
A Bill to amend an Act placing the clerk of the superior court of Charlton County on an annual salary in lieu of the fee basis of com pensation, so as to authorize the governing authority to appoint, employ and fix the compensation and terms of deputies, clerks, assistants and other personnel in the office of the clerk of the superior court; and for other purposes.
HB 1114. By Mr. Harrison of the 98th:
A Bill to amend an Act creating and establishing a new Charter for the City of Folkston, so as to authorize and empower the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; and for other purposes.
HB 1130. By Messrs. Bennett, Sullivan and Barfield of the 95th:
A Bill to amend an Act incorporating the Town of Dasher, so as to redefine the corporate limits; to remove certain provisions relating to mayor; to remove certain provisions relating to the clerk and interim clerk; and for other purposes.
HB 1131. By Messrs. Bennett, Sullivan and Barfield of the 95th:
A Bill to amend an Act entitled "An Act to place the sheriff of Lowndes County upon an annual salary", so as to provide that the sheriff of
2356
JOURNAL OF THE HOUSE,
Lowndes County shall have the authority to fix the compensation of the chief deputy; and for other purposes.
HB 1174. By Mr. Malone of the 117th:
A Bill to amend an Act creating a new charter for the City of Chamblee, so as to increase the maximum millage which might be levied by said city; to raise the maximum limit prescribed for the sanitary tax; and for other purposes.
HB 1199. By Mr. Parrish of the 96th:
A Bill to amend an Act incorporating the Town of Lenox, so as to authorize the town council to lease certain described property; and for other purposes.
HB 1282. By Mr. Lambert of the 38th:
A Bill to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Morgan County on a salary basis, so as to change the compensation of the clerk of the superior court, ordinary and sheriff of Morgan County; and for other purposes.
HB 1283. By Mr. Lambert of the 38th:
A Bill to consolidate the offices of tax receiver and tax collector of Morgan County into the office of the tax commissioner of Morgan County; and for other purposes.
HB 1284. By Mr. Lambert of the 38th:
A Bill to abolish the office of treasurer of Morgan County; to provide that the board of commissioners of roads and revenues of Morgan County shall appoint depositories for county funds; and for other purposes.
HB 1286. By Mr. Lambert of the 38th:
A Bill to amend an Act creating a new charter for the Town of Rutledge, so as to change the name of the Town of Rutledge to the City of Rutledge; and for other purposes.
HB 1369. By Mr. Nimmer of the 84th:
A Bill to amend an Act placing the sheriff of Pierce County upon an annual salary, so as to change the compensation of the two full-time deputy sheriffs; and for other purposes.
FRIDAY, MARCH 1, 1968
2357
HB 1371. By Mr. Nimmer of the 84th:
A Bill to abolish the office of Treasurer of Brantley County; to provide for the transfer of the duties of said office to the governing authority of Brantley County; and for other purposes.
HB 1372. By Mr. Nimmer of the 84th:
A Bill to amend an Act creating a board of commissioners of roads and revenues of Pierce County, so as to change the compensation of the chairman; and for other purposes.
HB 1386. By Mr. Otwell of the 10th: A Bill to amend an Act creating a new charter for the City of Gumming, so as to change the corporate limits of the City of Gumming; and for other purposes.
HB 1390. By Mr. Hargrett of the 77th: A Bill to amend an Act incorporating and creating a new charter for the City of Jesup, so as to provide for the election of the Mayor by the qualified electors of said city; to reduce the number of commissioners from 6 to 5; and for other purposes.
HB 1392. By Mr. Hargrett of the 77th: A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Wayne County, so as to change the terms of office of the members of the Board from staggered terms to concurrent terms; and for other purposes.
HB 1428. By Mr. Black of the 56th: A Bill to fix the compensation of the Commissioner of Roads and Revenues in counties having a population of not less than 2,750 nor more than 3,250; and for other purposes.
HB 1435. By Mr. Savage of the 58th: A Bill to consolidate the office of Tax Receiver and Tax Collector of Macon County into the office of the Tax Commissioner of Macon County; and for other purposes.
HB 1437. By Mr. Steis of the 100th: A Bill to amend an Act creating a small Claims Court in Harris County, so as to provide for the commencement of actions, to change the court costs; and for other purposes.
2358
JOURNAL OF THE HOUSE,
HB 1446. By Mr. Parker of the 55th:
A Bill to create the Sylvania-Screven Airport Authority; and for other purposes.
HB 1448. By Mr. Smith of the 54th:
A Bill to create a five member Board of Education of Emanuel County; and for other purposes.
HB 1449. By Mr. Bostick of the 93rd:
A Bill to provide for the issuance of building permits prior to the con struction of any improvements to real property in Tift County having a value when completed in excess of $500; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 497-1084. By Mr. Harrison of the 98th:
A Resolution to repeal a resolution relating to the Camden County Development Authority, found in Ga. Laws, p. 922; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 1287. By Mr. Lambert of the 38th:
A Bill to amend an Act creating a board of commissioners of roads and revenues in and for the County of Morgan, so as to change the compensation of the chairman, the vice-chairman, and other members of said board of commissioners; and for other purposes.
HB 1391. By Mr. Hargrett of the 77th: A Bill to change the method of electing members of the Board of Edu cation of Wayne County; and for other purposes.
HB 1409. By Mr. Nimmer of the 84th: A Bill to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, and the Tax Commissioner of Brantley County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
FRIDAY, MARCH 1, 1968
2359
HB 1440. By Messrs. Snow, Hale and Crowe of the 1st and Ware of the 2nd:
A Bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to provide for staggered terms of office for the mayor and aldermen; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 391. By Senator Fincher of the 51st:
A Bill to change the School Districts of the Cherokee County School System; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
SB 392. By Senator Rowan of the 8th:
A Bill to amend an Act creating the office of tax commissioner of Berrien County, so as to place the tax commissioner on an annual salary; to provide for the disposition of all fees, commissions and emoluments formally allowed the tax commissioner; to repeal conflicting laws; and for other purposes.
SB 394. By Senator Rowan of the 8th:
A Bill to amend an Act creating a board of commissioners of roads and revenues for the County of Berrien, so as to change the number of commissioners; to provide for the numbering of positions on the board; to repeal conflicting laws; and for other purposes.
SB 405. By Senators Johnson of the 38th, Maclntyre of the 40th, Stephens of the 36th, and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes.
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:
2360
JOURNAL OF THE HOUSE,
SB 230. By Senator Smalley of the 28th:
A Bill to create the "Georgia Business Corporation Act"; to compre hensively revise and supersede and the present laws relating to business corporations; to provide for a title and definitions; and to establish provisions prescribing the application of this Act; to repeal conflicting laws; and for other purposes.
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 Bill of the House, to-wit:
HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-1968 and 1968-1969, generally known as the General Appropriations Act, so as to change the appropriations and provisions relative to the fiscal year 1968-1969; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-1968 and 1968-1969, generally known as the General Appropriations Act, so as to change the appropriations and provisions relative to the fiscal year 1968-1969; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-68 and 1968-69, generally known as the General Appropriations Act, approved March 17, 1967 (Ga. Laws 1967, p. 41), so as to change the appropriations and provisions relative to the fiscal years 1967-68 and 1968-69; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
FRIDAY, MARCH 1, 1968
2361
ARTICLE I.
This Article relates only to changes in the appropriations and pro visions relative to the fiscal year 1967-68.
Section 1. An Act providing appropriations for the fiscal years 1967-68 and 1968-69, generally known as the General Appropriations Act, approved March 17, 1967 (Ga. Laws 1967, p. 41), is hereby amended by striking Paragraph B of Section 26, relating to the Department of Revenue, in its entirety and inserting in lieu thereof a new Paragraph B to read as follows:
"B. Grants to Counties -- Tax Re-evaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax re-evaluation studies.
1967-68 _._._,,.._..._........_,,.,,......__.....,,_-___.__,,_......_.$ 100,000.00
Provided that the allocations to objects in the Budget Report, as amended by the supplement there-to, shall be changed to read as follows:
Grants to Counties
1967-68 100,000.00"
Section 2. Said Act is further amended by striking Section 35A in its entirety and inserting in lieu thereof a new Section 35 A to read as follows:
"Section 35. Corrections, State Board of.
A. For the administrative expenses of the State Board of Corrections, including the cost of oper ation of the State Prison System.
1967-68 ___......._._.__.........___..........._..,,......_._.,,..._____. $ 8,767,000.00
Provided that no funds appropriated in this section or otherwise available, shall be used to pay a salary in excess of the Director's salary, except salaries for physicians. Provided that the alloca tions to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows:
1967-68
Capital Outlay
$ 1,150,000.00"
Section 3. Said Act is further amended by striking Paragraph A of Section 38, relating to the State Board
2362
JOURNAL OF THE HOUSE,
of Education and the Department of Education, in its entirety and inserting in lieu thereof a new Paragraph A to read s follows:
"A. For matching vocational rehabilitation funds in cooperation with the Federal government; for operation of vocational trade schools; for oper ation 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 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 author ized by law, payable from the common school funds.
1967-68 ...._...-...______.__._.....____.........._..._........._.$294,794,399.00
Provided that the allocations to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows:
1967-68
Personal Services _.._._.......-__..__._,,.........-..____._..$ 15,985,127.00
Operating Expenses ____.......__.__._............____.....$ 14,760,691.00
Maintenance Operation and Sick Leave ..___.$ 27,059,469.00
Mid-Term Adjustments ...__..,,..,,...,,..._...._....$ 934,291.00
Isolated Schools _....._.....-_____,,.._.....___.__.._...$ 66,135.00
Alto Maintenance, Operation and Sick Leave .........................$
16,972.00
Public Library Services and Materials ,,___.$ 1,912,118.00
Contingency Fund ....--__...........,,__,,...........,,--.$
-0-
Driver Education Summer Program _,,........$
-0-
Fellowships and Traineeships for Teachers of Exceptional Children _._._...$
69,690.00
Teachers Salaries _..._-......-.___..-.__......._.._._-$185,854,965.00
School Lunch Operations (Manners,
Nutrition, Health and Hygiene) .._,,._...$
-0-
Supplements for School Lunch Managers __. $
-0-
Adult Basic Education ........................... ...^ 334,231.00
FRIDAY, MARCH 1, 1968
2363
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 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, instruc tional supervisors, visiting teachers, librarians, guidance counselors, and other certificated profes
sional personnel.
The salary index value of 100 referred to in Sec tion 9 of the Minimum Foundation Program of Education Act shall be a minimum of $4,800.00 as of September 1, 1967."
Section 4. Said Act is further amended by striking Section 40 in its entirety and inserting in lieu thereof a new Section 40 to read as follows:
"Section 40. Higher Education Assistance Committee.
1967-68 .......-__,,.-.....__,,-.._-.--,,._......_,,.........,,___. $
700,000.00
Provided that the allocations to objects in the Budget Report shall not apply and the Budget Bu reau shall approve all expenditures by objects as provided by law."
Section 5. Said Act is further amended by striking Paragraphs B and C of Section 45, relating to Public Welfare and the Department of Family and Children Services, and inserting in lieu thereof new Paragraphs B and C to read as follows:
"B. Benefits. For benefits to the aged, the blind, the permanently and totally disabled, and de-
2364
JOURNAL OF THE HOUSE,
pendent children, and for children and youth care as authorized by law.
1967-68 ____-_____-________-__..__-__________________,,_,,_____.$ 29,574,945.00
"C. Grants to counties for administration and services.
For the cost of participating with the Federal government and counties in the administration of local welfare programs.
1967-68 ____-_--._________,,___________.___$ 5,631,000.00
Provided further that the allocations to objects in the Budget Report, as amended by the supple ment thereto, shall be changed to read as follows:
1967-1968
Personal Services _.......____,,_..,,_...._............_.$ 3,129,160.00
Operating Expenses ,,__,,.________________________________.$138,012,700.00
Section 6. Said Act is further amended by striking from Subsection C of Section 46 the following:
"1967-68 ._-----,,--.______.-$ 50,000.00",
and substituting in lieu thereof the following:
"1967-68 __-..,,_______.______ ... $ 82,790.00",
and by striking in its entirety Subsection H of said Section, and substituting in lieu thereof the following:
"H. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Health Insti tute, including pre-admission and post discharge services.
1967-68
_____________________ $ 3,300,000.00
Provided that the allocations to objects for this budget unit shall be changed to read as follows:
1967-1968 Personal Services ................____.,,.__._..._,,.._... $ 2,427,894.00 Operating Expenses ___.--.........._.............__. $ 1,053,022.00",
FRIDAY, MARCH 1, 1968
2365
and by striking from Subsection L of said Section the following:
"1967-68 ..,,...,,_........_-__-______-___,,_____-.__.,,-$ 26,378,000.00",
and substituting in lieu thereof the following:
"1967-68 __._.-.,,-_--_--------$ 26,549,261.00",
and by adding at the end of Subsection L the following:
"Provided that from the above appropriated amounts, $171,261.00 is designated and committed for the purpose of employing additional attendants for areas devoted to the care of children.",
and by striking from Subsection M of said Section the following:
"1967-68 -_^-. _,,._._..._,,_.___._____.__,,$ 2,900,000.00".
and substituting in lieu thereof the following:
"1967-68 __--_,,.__---._____--____--_.__$ 3,071,549.00",
and by adding at the end of Section 46 the following:
"Provided that the allocations to objects in the Budget Report and the supplement thereto shall be changed to read as follows:
Personal Services _..-...........____..,,_......_._.._.......__.$ 37,654,597.00 Operating Expenses -___...._....................._........___._$ 41,535,362.00".
Section 6A. Said Act is further amended by adding at the end of Section 33 the following:
"Fire Ant Eradication Program ._..,,.____..__....,,_.$ 500,000.00
Provided that the allocations to objects in the Budget Report, shall not apply, and the Budget Bureau shall determine the allocations to objects, subject to approval by the Fiscal Affairs Subcom mittees of the Senate and the House of Representa tives."
Section 6B. Said Act is further amended by adding a new subparagraph to the end of Section 47F to read as follows:
2366
JOURNAL OF THE HOUSE,
"(d) In the event those projects described in subparagraph (a) herein fail to receive 50% Federal participation funds, the funds for said projects may be allocated hereunder and expended on the basis of 50% participation from the State and 50% par ticipation local funds."
Section 7. Said Act is further amended by striking from Section 54 the following:
"TOTAL APPROPRIATION 1967-68 ___._ $785,339,708.90",
and inserting in lieu thereof the following:
"TOTAL APPROPRIATION 1967-68 ...._.. $782,200,237.90",
ARTICLE II
This Article relates only to changes in the ap propriations and provisions relative to the fiscal year 1968-69.
Section 8. Said Act is further amended by striking the appropriations and other provisions relative to the fiscal year 1968-69 and inserting in lieu thereof the fol lowing new provisions which shall be the appropriations and provisions for said year and which shall be appli cable only to the fiscal year 1968-69. It is not the in tention of this Article II and this Section 8 in any way to change the provisions of the aforesaid 1967 Act rela tive to the fiscal year 1967-68.
PART I
LEGISLATIVE BRANCH
Section 1. Legislative Branch.
For compensation, expenses, mileage allowances, travel and benefits for members of the General Assem bly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for member ship in the Council of State Governments, National Con ferences of Commissioners on Uniform State Laws; National Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the legislative branch; for the necessary cost of renovating and repair ing the housing and other facilities for the legislative branch; for cost of compiling, publishing and distribu ting the Acts and Journals of the General Assembly,
FRIDAY, MARCH 1, 1968
2367
and the annual report of the State Auditor to the Gen eral Assembly; for election blanks and any other election expense, including publishing constitution amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legislative Coun sel as authorized by law.
1968-69 ....___-...-..........-._.-.-.-...-_....-..........,,..--..$ 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 positions established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of attorney's fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.
1968-69 ,,._____,,___
--
_------$ 540,165.00
Section 3. Court of Appeals.
For the cost of operating the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appro priation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position estab lished during the fiscal year.
1968-69 ,,_______.________-._--__._.___.____---$ 634,000.00
Section 4. Superior Courts.
For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense al lowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Judge Emeritus position established during the fiscal year, and by
2368
JOURNAL OF THE HOUSE,
$6,000.00 per annum for each additional Solicitors Gen eral Emeritus position established during the fiscal year.
1968-69
______________________ ^ $ 2,085,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1968-69 Personal Services ........-...-.._,,....-_....-_.._.._-....$ 2,039,000.00
Provided that of the above amount, $48,000.00 is al located to give each Solicitor General a $1,200.00 in crease per annum in contingent expense allowance.
Section 5. For the cost of printing and distributing the report of the Supreme Court and Court of Appeals.
1968-69 .^ __________.................__.-..._,,._._..___..$ 35,000.00
PART III
GENERAL GOVERNMENT
Section 6. Commission on Aging. 1968-69 -..............._.--_______.__..___,,.,,_...............$ 44,000.00
Section 7. Art Commission, Georgia. 1968-69 .___.____.___.___._,,____$ 87,600.00
Provided that of the amount appropriated for 1968-69, the amount of $39,000.00 shall be matched by $39,000.00 agency funds and expended for the purpose of cultural projects.
Section 8. Audits, Department of.
1968-69 ._..__.,,-_.,,........___..............._.._,,_____.._.$ 755,000.00
Section 9. Banking, Department of.
1968-69 .-___,,-.,,-..,,.-..___........._..-._.______..........$ 547,100.00
Section 10. Capitol Square Improvement Com mittee.
A. Operating Costs.
FRIDAY, MARCH 1, 1968
2369
1968-69 ......,,.........._......-_-._..__._-_-.-..................$ 100,000.00
B. Capital Outlay--Authority Lease Rentals, An nual Lease payments to Georgia Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.
1968-69
-_.,,____.--.
_... $ 3,112,752.87
Section 11. Comptroller General.
For the cost of operating the Office of the Comp troller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Divi sion, Industrial Loan Commissioner, and the Liquified Petroleum Safety Act.
1968-69 ..........,....-..........._...........,,_._......_.,,_________..$ 1,367,400.00
Section 12. Executive Department.
A. For the costs of operating the Executive Depart ment, including the costs and maintenance expenses for the Executive automobiles, transportation costs and com munication expenses at the Mansion; and for the con tingent expenses of the Department, such as rewards, dues to the Governors' Conferences, dues to the Southern Interstate Nuclear Compact and special committee expenses.
1968-69
496,000.00
B. For the Governor's Mansion allowance.
1968-69 ___._...,,-_........._-__._.._......_..__._.._.........._$ 25,000.00
C. Coordinator of Highway Safety.
1968-69 .,,......_...-.....,,._..........,,__...............__..._...$
D. Planning and Programming Bureau,
(a) General operating cost __..._
..$
46,000.00 496,505.00
Provided that the allocations to objects in the Bud get Report shall not apply, and the Budget Bureau shall determine the allocation to objects, subject to approval by the Fiscal Affairs Subcommittees of the Senate and House of Representatives.
(b) Grants to Area Planning and Development Commissions --------_._____ $
823,200.00
2370
JOURNAL OF THE HOUSE,
Section 13. Budget Bureau.
1968-69 ______,,____.._____________---______$ 270,000.00
Section 14. Georgia Historical Commission.
1968-69 _-._.-......_..........,,__-....-_.....__.__.-.....__.$ 514,287.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Personal Services __-_..................____-_...._.-- $ Proposed Pay Adjustment .........._-._....-__.._$ Operating Expenses _.._-........-..___-__....__..$ Capital Outlay .___.___.._____,,___--,,--._____,,_--.$
243,237.00 10,700.00 85,350.00
200,000.00
Section 15. Industry and Trade, Department of.
A. General Operating Costs.
1968-69 ._.__._.._......_.,,_._.___-_--_--._-_-$ 2,377,800.00
Provided that of the amount appropriated above, at least $50,000.00 from the agency advertising budget shall be used for matching local funds for welcome cen ters established at places other than at the highway entrances to the State.
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Capital Outlay ,,,,_,,,,,,,,_.___.____,,,,--____,,_.,,,,-$
B. Capital Outlay -- Metropolitan Atlanta Rapid Transit--to be expended under contract with the Metro politan Atlanta Rapid Transit Authority.
363,000.00
1968-69
.______,,_____-.______.$ 250,000.00
C. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Ports Authority.
1968-69 -_----__._____.---_-_-_____.____$ 2,130,000.00
Provided that from the above appropriated amounts $625,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.
FRIDAY, MARCH 1, 1968
D. Capital Outlay--Georgia Welcome Center.
1968-69 ....-..._____-____....____,,_.._._-__-_,,___ ..$
Provided that the above appropriated funds shall be expended only to construct and equip a Georgia Welcome Center facility to be located on Interstate 85 in the vicinity of West Point, Georgia.
Provided that from the above amount $28,000.00 shall be for additions to the Welcome Center in Catoosa County.
Section 16. Labor, Department of.
2371 113,000.00
A. For the cost of operating the Commissioner's Office and Factory Inspection Division.
1968-69 .____._____.___________._._____,,_ $ 308,400.00
B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.
1968-69 ___.,,_______________.__________,,_________._______._______$ 85,000.00
Section 17. Law, Department of.
For the cost of operating the Department of Law, provided that the compensation of all Assistant Attor neys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of the State government, shall be paid from this fund. No other agency is authorized to expend funds appro priated or otherwise available from any source for the support and maintenance of the respective agency for the purposes for which provision is made in this item, unless the payment is for reimbursement to the De partment of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorneys General or Deputy Assistant Attorneys Gen eral assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on the State road sys tem, and contract law suits, or unless the payment is made from funds appropriated to the Executive Depart ment for the payment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant Attorneys General authorized to be appointed by the Governor.
2372
JOURNAL OF THE HOUSE,
1968-69 _________________________.____,,._--.$ 783,900.00
Section 18. Library, State.
1968-69 __________________________________._-______$ 116,750.00
Section 19. Literature Commission, State.
1968-69 ________,,__.____..______,,_.__..____----_---$ 20,000.00
Section 20. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1968-69 -_-__-______.-___-__-_-_--_-___--_---_-_---$ 120,700.00
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.
1968-69 _______________________.__._.$ 1,014,200.00
Section 22. Public Safety, Department of.
1968-69 ____-__________.______________$ 11,271,283.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Personal Services _______.,,_._________._________.__? 8,170,600.00
Operating Expenses _______,,_____..___________$ 3,207,383.00
Capital Outlay ________________________$
-0-
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 Association of Motor Vehicle Administrators, and the International 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 Carrier Division of the Public Service Commission.
1968-69 ______________________________$ 647,500.00
FRIDAY, MARCH 1, 1968
2373
Section 24. Purchases, Supervisor of.
1968-69 ------_---- -_
_$ 433,800.00
Section 25. Recreation Commission.
1968-69 ------------------------------------ $ 104,000.00
Section 26. Revenue, Department of.
A. For cost of operating the Department of Rev enue.
1968-69 _--------_----__------__------..--------$ 12,584,800.00
B. Grants to counties -- Tax reevaluation. 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.
1968-69 ------------------------------__-------- $ 75,000.00
C. Loans to counties--Tax reevaluation. There is hereby appropriated for the fiscal year 1968-69 the amount of such repayments of county tax evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as origi nally appropriated, but not to exceed $200,000.00 in the fiscal year. Such amount shall be available for further tax evaluation loans to counties.
Section 27. Science and Technology Commission.
1968-69 ,,--------------------_------_------.$ 89,137.00
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.
1968-69 _------------------------------------$ 732,300.00
Provided that of the above amount, $26,000.00 shall be for the State Election Board.
Provided, further, that of the above amount, $10,000.00 in operating expenses shall be used to pur chase and ship Georgia State flags to Georgia service men serving overseas. Such flags shall be shipped upon the request of the company commanders.
2374
JOURNAL OF THE HOUSE,
B. Examining Boards.
1968-69 --_--
823,600.00
C. Archives and Records. For the cost of operations of archives and history, microfilming and housing rec ords, and the State Museum, including lease rental pay ments to the State Office Building Authority for the State Archives Building in the amount of $815,000.00 per annum.
1968-69 ..........................$ 1,377,600.00
D. Buildings and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemeteries, and for insurance on public property not otherwise provided for.
1968-69 ............................. ........................$
436,100.00
E. Special Repairs. Capitol Building and Legislative Chambers, Rooms, Offices and Facilities.
1968-69 .,,,,_.-.-_._.__...-..-_...-_........_._........$
50,000.00
F. Executive Center. For operation of Executive Center.
1968-69 ............................__.---__------$
60,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Personal Services .__........-.-.........._._-__.......$ 1,803,050.00 Operating Expenses ._.--_........__...._.........,,.$ 741,850.00 Special Repairs ....-.....,,---___,,_.--____,,,,-__.___-_..$ 50,000.00
Section 29. State Properties Control Commission.
For the cost of operating State Properties Control Commission.
1968-69 ............. $ 50,000.00
Section 30. Treasury, State.
For operation of State Treasury, including Bond Commissioner.
1968-69 _.._,,.._-_..-..........-..-.._-....._-_._,,,,_-.-... $
139,500.00
FRIDAY, MARCH 1, 1968
2375
Section 31. Veterans Service.
A. For the Cost of operating the Department of Veterans Service.
1968-69 --------- ____________$ 1,108,700.00
B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.
1968-69 ------------------_---------------$ 1,044,800.00
C. For the cost of pensions to Confederate Widows.
1968-69 ---------------------------------$ 72,190.00
Section 32. Workmen's Compensation, State Board of.
For the cost of operating the State Board of Work men's Compensation.
1968-69 _________--__.-__---____________________-$ 661,300.00
AGRICULTURE AND CONSERVATION
Section 33. Agriculture, Department of.
A. For the operation of all activities of the Depart ment including the operation of Farmer's Markets.
1968-69 -_____.____________-._-_____._____..._____.._.._.____$ 7,656,200.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Capital Outlay ------------------------------$
-0-
B. Capital Outlay--Authority Lease Rentals--An nual Lease payment to Georgia Building Authority (Markets).
1968-69 _____________.-._-___.___.______________________.$ 750,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Authority Lease Rentals --_,,,,_,,_________________$ 750,000.00
2376
JOURNAL OF THE HOUSE,
Section 34. Conservation.
A. Forestry Commission.
1968-69 --._---------_,,.__.___._.,,.$ 4,910,626.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Capital Outlay __,,,,,,_,,..__,,,,.______,,.._.......__,,_.$
-0-
B. Forest Research Council
1968-69 ....__....._....._.....-...._-....,,....,,.._......._.-_... $ 384,300.00
C. Game and Fish Commission
1968-69 .________,,_____._._______.,,________.. _.,,,,,,...... $ 3,387,769.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Personal Services _---.-..-___...-_.-....-_._.__._..$ 2,474,038.00 Operating Expenses _----....-....._-.-._.................$ 1,441,807.00 Capital Outlay _._..,,,,..._._..,,.....__._.._............$ 311,908.00
D. Jekyll Island Committee.
1968-69 __-----___---,,-____,,__.__,,_.._.$ 400,000.00
E. Mineral Leasing Commission.
1968-69 _.__-_..___--_---_______-_.____-____.______.$
5,000.00
F. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission, and dues to the Inter state Oil Compact.
(a) Regular Operation
1968-69 ___-__.,,_.._-.___---_-._-.._.-._.._-.....-...$ 402,300.00
Provided that of the above appropriation, the amount of $50,000.00 is hereby allocated to implement the provisions of House Bill NO. 969, known as the "Georgia Surface Mining Act of 1968", and provided further that relative to said Surface Mining Act the allo cations to objects in the Budget Report shall not apply, and the Budget Bureau shall determine the allocations
FRIDAY, MARCH 1, 1968
2377
to objects, subject to approval by the Fiscal Affairs Subcommittees of the Senate and the House of Repre sentatives.
(b) South Georgia Minerals Exploration and Research.
1968-69 ........_.._...._,,....._._-...--_._.,,__..--.. 228,500.00
G. Department of Parks.
(a) For general operation and develop ment of State Parks.
1968-69 ...._..__..........._._..................._............$ 1,587,200.00
Provided, however, that $20,000.00 of the above amount shall be allocated for expenses of the State Council for the Preservation of Natural Areas.
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Capital Outlay _..........._._.._._.._,,.,,..-......$
367,500.00
Provided that of the above appropriation, $125,000.00 is hereby allocated for Houston Lake State Park in Houston County, if $25,000.00 is furnished either in money or services from local sources and if $150,000.00 is furnished from Federal funds.
Provided, further, that of the above appropriation, $97,500.00 is hereby allocated to develop a State Park in Coffee County.
(b) Capital Outlay--Authority Lease Rentals --Annual Lease Payments to Jekyll Island-State Parks Authority.
1968-69 ........_..__._._......................................... $ 1,116,000.00
Provided that from the above appropriated amount, $100,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.
(c) Capital Outlay--Authority Lease Rentals --Annual Lease payments to Stone Mountain Memorial Association.
1968-69 ........._.............___........_._._.._..._._..$ 1,050,000.00
2378
JOURNAL OF THE HOUSE,
Provided that the allocation to objects in the Bud get Report shall be changed to read as follows:
Authority Lease Rentals --._..-.........__-.---$ 2,166,000.00
H. Soil and Water Conservation Committee.
For the cost of operating the State Soil and Water Conservation Committee.
1968-69 _____.___.__-_,,______----______-___-_.__-______.___,,__.$ 400,000.00
I. Stone Mountain Memorial Committee.
For operating costs including costs of improvements by convict labor.
1968-69 .........-....._._------_-_.,,_..........._...........$ 225,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Operating Expenses -._._..-_..___..._.._...._._.$ 225,000.00
J. Ocean Science Center of the Atlantic.
1968-69 ._..-...-..-.-.,,__..__._._-_--.,,.._.____.,,.__,,. $ 660,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Capital Outlay ...._-_-__-...._....._._...._......._.$ 175,000.00
K. Department of State Parks - For contract with Lake Lanier Island Development Authority.
1968-69 _________------.__.____..___--__-----_$ 210,000.00
L. North Georgia Mountains Commission.
1968-69 ._._..._.......-,,-,,_,,-_._..-.-........_._.._.....$ 102,500.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Personal Services -,,_-_---................___________.$ Capital Outlay ............._.................._.____$
Provided, however, in the event Federal funds in the amount of at least $1,000,000.00 are not made available
77,500.00 -0-
FRIDAY, MARCH 1, 1968
by July 1, 1968, none of the funds appropriated above shall be expended.
Provided that the total State salary of the Director shall not exceed $24,000.00 per annum.
M. Chattahoochee River Basin Development Com mission.
1968-69 ................................. ..^
Provided that the allocations to objects shall be as follows:
Personal Services ......................... ...----^ Operating Expenses .--.--.-------------------I
2379
6,710.00 3,600.00 3,110.00
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.
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Capital Outlay ..............__..._.__...................I
-0-
Provided that no funds appropriated in this Section or otherwise available shall be used to pay a salary except salaries for physicians.
B. Capital Outlay - Authority Lease Rentals - An nual lease payments to Georgia Building Authority (Penal).
1968-69 ............................................ ^ 800,000.00
Provided, that from the above appropriated amount, $150,000.00 is designated and committed to pay rentals to permit the issuance of bonds to construct new prison branches.
Section 36. Pardons and Paroles, State Board of.
1968-69 ---._____.____._.---__...._..$ 977,100.00
Section 37. Probation, State Board of.
2380
JOURNAL OP THE HOUSE,
For the cost of operating the statewide Probation System, administered by the State Board of Probation.
1968-69 _.------_----_-_-_-_..,,_,,_____._.___$ 1,345,800.00
EDUCATION
Section 38. State Board of Education -- Depart ment 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.
1968-69 _.._.....-_-.......____,,__,,__._________,, $322,774,526.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Personal Services -.-_.-.._._,,,,..._-_,,,,_......_.-...$ 19,919,551.00
Teachers Salaries ....-_-..........._.-....__.__._.._ $202,600,879.00
Other Certificated Professional Personnel Salaries ,,.___.-._..__....-.....__.__,,$ 32,939,496.00
Maintenance, Operation and Sick Leave ___________________._...__.__.._.._..$ 33,800,277.00
Isolated Schools .._..__.-.......-..-....._.____._...$ 71,241.00
Midterm Adjustment ...._.__._.__.________,,.$ 1,067,927.00
Salaries and Travel for Public Librarians .-..__...._.._...-......-...,,___.___..........$ 1,448,875.00
Area Vocational Technical Schools _,,.._....$ 11,118,024.00
Alto Teachers Salaries ................_____..$ 160,739.00
Superintendent's Salaries _.._......_....._.__.$ 2,149,059.00
Driver Education Summer Program ____--._$
-0-
Capital Outlay ,,_........_.......__.._.._......._..$
-0-
Provided, however, that the proposed teacher pay raise of $558.00 shall not be implemented until December 1, 1968.
FRIDAY, MARCH 1, 1968
2381
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 reduce eligiblity 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 523 shall be paid for salaries of certificated professional per sonnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel.
The salary index value of 100 referred to in Section 9 of the Minimum Foundation Program of Education Act shall be a minimum of $5,200.00 as of December 1, 1968.
Provided, however, should funds allocated in the Budget Report for Sections 11 and 20, Salaries, for the 39,257 teachers prove insufficient in 1968-69, the Direc tor of the Budget is authorized to transfer funds from Section 12 to Sections 11 and 20.
B. Capital Outlay--Authority Lease Rentals.
1968-69 ------_-__.__,,_._______,,_.___$ 28,801,000.00
For capital outlay purposes, including Lease Rentals obligations of the State Board of Education, Department of Education to Georgia Education Authority (Schools) in accordance with Lease Rental contracts; provided that from the above appropriated amount, $1,000,000.00 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.
Provided, however, that from the $1,000,000.00, the amount of at least $140,000.00 is authorized to be used for lease rentals for new school consolidation projects.
2382
JOURNAL OF THE HOUSE,
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Authority Lease Rental _.........._.............__._| 28,801,000.00
C. To provide educational and training services for severely mentally retarded children as provided in Para graph (1) of Section 1 of an Act approved March 21, 1958 (Ga. Laws 1958, P. 206).
1968-69 ___..___,,._-...................,,..........._._...__._..$ 50,000.00
D. Teacher Retirement Employer Contribution. 1968-69 _________________________.__.-.._....-......_-___-_ $ 20,681,820.00
Provided that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall pay the pro-rata part of the cost of any employer contribu tions to the Teachers' Retirement System applicable to such salary.
Section 39. Education Improvement Council.
1968-69 -._._..-..........-.___-_-_...,,__.,,._...,,_._,,-____$ 103,000.00
Section 40. Higher Education Assistance Commit tee.
1968-69 .-.,,,,............._......_......._._,,..,,.__............$ 958,500.00
Section 41. Medical Education Board.
For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provision of the Georgia State Constitu tion.
1968-69 . . --- -._______ $ 191,768.00
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 scholarships authorized by law $200,000.00; for the support of research and for the cost of use and/ or acquiring additions to plant and equipment for the University System.
1968-69 --- --_....-
$111,538,000.00
FRIDAY, MARCH 1, 1968
2383
Provided that the above appropriations shall be in addition to the funds realized by the respective units in the 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 propriation, the amount of $15,516,000.00 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds. Provided that from said appropriation for lease rental, the amount of $1,000,000.00 is designated and committed to pay rentals to the Georgia Building Authority (University) to per mit 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 the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provi sion of the State Constitution, and shall, second, appor tion the remaining funds available to the 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 evi denced 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 expendi ture until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and from any other source of income shall be available to support further lease rental agree ments for dormitories and other school buildings, with the approval of the Budget Bureau. Such further con tracts may be entered into not to exceed $750,000.00 per annum.
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Personal Services _.-_-__......-.-........-_...-.._.-.-.$126,213,000.00
Capital Outlay
_,,.____. _._^_ ... _ $ 8,000,000.00
B. Eugene Talmadge Memorial Hospital State Board of Regents.
1968-69 _-------_--__.__._....$ 5,687,000.00
2384
JOURNAL OF THE HOUSE,
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Personal Services -________.--._-______-_---,,__..___.$ 6,985,817.00
C. Teachers' Retirement Employer Contribution .,,._.$ 9,642,974.00
Provided that where personnel are paid in whole or in part from funds other than State appropriations, the fund source from which such salary is paid shall pay the pro rata part of the cost of any employer contribu tion to the Teacher Retirement System applicable to such salary.
Section 43. State Scholarship Commission.
1968-69 .-_.._,,._..._..- ..... ,,_._.._..__,,--_-..._. $ 829,000.00
Section 44. Teachers' Retirement System.
For the State's contribution to the Teachers' Retire ment Fund, including the cost of administration.
1968-69 _-________-_.__._.___-....__ $ 775,789.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Pension Accumulation Matching
Fund ------_....__.._
-0-
HEALTH AND WELFARE
Section 45. Public Welfare, Department of Family and Children Services.
A. For the cost of operation of the State Welfare Programs.
1968-69 _-______._________-______-____________.__,,..._.________$ 2,864,908.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Personal Services __--._-._.....,,.__..._-......_._.$ 3,541,880.00
Provided that no additional positions shall be paid from the above appropriations.
FRIDAY, MARCH 1, 1968
2385
B. Benefits--Adult Programs for matching federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1968-69 ....._................-.__..__-._.,,.-------... $ 16,303,893.00
C. Benefits--AFDC Program. For matching federal funds to provide benefits to families with dependent chil dren.
1968-69 ._,,,,________.___._,,,,,,,,_.,,___.__._____.___. $ 7,165,600.00
D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.
1968-69 ..........-.___..........-......-__.-.____..__.--___-,,.-... $ 1,666,000.00
Provided, however, that in the event a surplus is an ticipated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Benefit appropriations, the Budget bureau shall have authority to make such transfer, subject to approvel by the Fiscal Affairs Sub-committees of the House and Senate.
E. 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.
1968-69
... ___._____,,_.. $ 7,158,100.00
F. Institutions. For the cost of operation of the insti tutions under the administration of the Department of Family and Children Services, and for grants to countyowned detention centers.
1968-69 ---_---___,,____,,__..__ $ 5,018,900.00
Provided, however, the $500,000.00 allotted under this section for grants to county-owned detention centers shall be distributed to the several counties for operation expenses of the said centers without restriction.
Provided, however, that work incentive programs, as provided for by Public Law 90-248, Section 204, shall be limited to studies or special pilot projects, and not projects which are Statewide in scope.
Section 46. Public Health, Department of.
A. Alcoholic Rehabilitation Service. For the cost of conducting the Alcoholic Rehabilitation Program.
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1968-69 ____........^.........^........................... $ 580,580.00
B. Atlanta, Augusta and Savannah Regional Hospi tals. For the cost of developing and operating these institutions including preadmission and post-discharge services.
1968-69 .. .^...................... ..^ 2,292,193.00
Provided that the allocations to objects in the Bud get Report for these budget units shall be changed to read as follows:
Personal Services .-.--------._..._-.................-$ 2,090,790.00 Operating Expenses ---- ...._.._...________.._._-$ 553,450.00
C. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Hospitals).
1968-69 __.__...---------_ ...................... $ 4,125,000.00
Provided that from the above appropriated amount $600,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.
D. Battey State Hospital. For the cost of operating the Battey State Hospital, including pre-admission and post-discharge services.
1968-69 _____------__..----._....._...__.._....._-$ 3,329,000.00
E. Central State Hospital. For the cost of operating the Central State Hospital, including pre-admission and post-discharge services.
1968-69 ------__...........__.........,,..._.___,,.........$ 27,827,398.00
Provided that the allocations to objects in the Budget Report for this budget unit shall be changed to read as follows:
Personal Services -..--..................-.._............-$ 22,910,399.00 Operating Expenses __...__.__,,___._____._,,__._.$ 7,731,657.00
F. Georgia Retardation Center. For the cost of deve loping and operating the Georgia Retardation Center, including pre-admission and post-discharge services.
FRIDAY, MARCH 1, 1968
2387
1968-69 ..._._____-- $ 870,750.00
G. Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hos pital, including pre-admission and post-discharge serv ices.
1968-69 --___________,,---- $ 7,656,332.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Operating Expenses ------------- ? 2,345,302.00
H. Medical Assistance Program. For the cost of operating the Medical Assistance Program.
1968-69 -----------
------ ^ 11,763,805.00
Provided, however, that payments to providers of nursing home care under this section may be modified to conform with program requirements issued by the United States Department of Health, Education and Welfare, subject to prior approval by the Director of the Budget.
I. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health 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.
1968-69 ----------- ---- ^, 1,000,000.00
J. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Health Institute, in cluding pre-admission and post-discharge services.
1968-69 _.___._-._........,,..._.,,_____._______-...___...,,.____..$ 3,635,000.00
K. Regular Operations. For the cost of operating the Department of Public Health, grants to counties for public health programs, services for crippled chil dren, and mental health programs.
1968-69 -----------------------4 13,339,508.00
Provided that of the above amount, $100,000.00 from operating expenses will be used for day care cen ters for the mentally retarded.
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L. Southwestern State Hospital. For the cost of operating the Southwestern State Hospital, including pre-admission and post-discharge services.
1968-69 -..........-..--.........-...................--.--..-..I 4,670,696.00
Provided that the allocations to objects in the Bud get Report for this budget unit shall be changed to read as follows:
Personal Services .--_--_-_-...._.-_.......----_-_.$ 3,756,166.00 Operating Expenses --........,,.-.__..._,,_..,,.-..._...$ 930,530.00
Provided that of the above amount, up to $50,000.00 shall be used to renovate, equip and supply an infirmary at the Bainbridge unit of the Southwestern State Hospi tal.
M. Water Quality Control Division. For the cost of conducting the programs of the State Water Quality Control Board.
1968-69 ...._...___._.__......_...........,,.._....._...........$ 313,600.00
Provided that for the purpose of receiving Federal matching funds under Title XIX of the Social Security Act, each institution listed in this section shall have au thority to transfer funds to the Medical Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in payment for services to eligible recipients.
N. Hospital--Rome and Columbus.
1968-69 -.-----.,,._._$ 250,000.00
Provided that $125,000.00 is hereby appropriated for architects, plans, specifications and other necessary items in connection with each of the hospitals at Rome and Columbus."
HIGHWAYS
Section 47. Highway Department.
Appropriation of all funds in this section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in the immediately preceding year, less the amount of refunds, rebate and
FRIDAY, MARCH 1, 1968
2389
collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax re ceived by the State Treasurer in the immediately preced ing fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.
A. General Operations--For general administrative cost of operating the Highway Department, including equipment and compensation claims.
1968-69 ....__._....._...........___.-.,,_---._--.-.......$ 8,466,725.00
B. Capital Outlay--Authority Lease Rentals.
1968-69 __.___-__.___-_--__________._-____-------_.$ 19,900,000.00
For lease rental obligations of the Highway Depart ment to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence or hereafter entered into in con nection with new projects approved by the Highway Department.
Provided that in the event that lease rental obligations shall be less than the amount herein appropriated, such excess amount may be used and is herein specifically ap propriated 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 the 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, de lete 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 ex isting Federal Statute of Federal-State 90-10 pro jects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the
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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.
1968-69 ..................... ^..........^ 36,682,400.00
Planning and Construction.
1968-69 .....................................................^ 52,633,875.00
D. Grants to counties. For grants to counties for aid in county road construction and maintenance.
1968-69 __________________________..__$ 4,817,013.03
E. For grants to counties for aid in county road con struction and maintenance.
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 deducted from funds granted to such county in any future year.
F. Administrative Fees--Administration Truck Weight Program.
1968-69 .....___.^........................................... ^ 250,000.00
FRIDAY, MARCH 1, 1968
2391
OTHER
Section 48. Grants to Municipalities.
For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
1968-69 -...-..____-.-...-.---..-._......-..-..-._.-.-____.....$ 9,317,000.00
Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received 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 Highway Department, the State Auditor shall cause an audit to be made of any municipalitiy to deter mine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipal ity in any future year.
Section 49. Grants to Counties and Municipalities.
A. Grants to counties.
1968-69 ...___..-.,,......._..............-_.,,._.__._...... $ 2,700,000.00
For grants to municipalities in accordance with the approved April 21, 1967 (Ga. Laws 1967, p. 888).
B. Grants to municipalities.
1968-69 ............................... .....^, 4,700,000.00
For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).
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 expenditures 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.
2392
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1968-69 .................................. ........^ 1,000,000.00
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 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 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 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 Appropriations 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, 1968, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the de partment, agency, or institution involved, an amount 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.
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 amended Budget Report submitted to the General Assembly at the regular 1968 session, except as other wise specified in this Act; provided, however, the Dir ector of the Budget is authorized to make internal trans fers within a budget unit between objects and pro grams subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an
FRIDAY, MARCH 1, 1968
2393
appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcom mittees of the Senate and House of Representatives in a meeting: called to consider said transfers. This sec tion 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 in stances 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 contains 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 al location until such shall be submitted an approved in the same manner and under the same conditions pro vided hereinbefore for transfers.
Any other provisions of law to the contrary not withstanding, the proposed pay adjustment for State employees shall not be put into effect until October 16, 1968, and the Budget Bureau is hereby directed to make pro rata deductions of the total saved amount in each affected Budget Unit.
Provided further that this shall also include nonacademic personnel of the Board of Regents.
Section 54. In the event it is determined by the Budget Bureau that the total funds in the State Trea sury in the 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 author ized 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 constitu tionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).
The amount 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 the fiscal year, the amounts so in excess as
2394
JOURNAL OF THE HOUSE,
determined by the Budget Bureau shall cease to be an obligation of the State.
TOTAL APPROPRIATION 1968-69 ............$860,079,427.90
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Floyd of the 7th moved that the House disagree to the Senate substitute and the motion prevailed.
The Senate substitute to HB 960 was disagreed to.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HR 668-1435. By Mr. Black of the 56th: A Resolution proposing an amendment to the Constitution so as to create the Webster County Industrial Development Authority; and for other purposes.
The following Senate amendment was read: Senator Maclntyre of the 40th District moves to amend HR 668-1435
as follows: By adding at the end of Paragraph (h) of Section 1 the following: "The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
Mr. Black of the 56th moved that the House agree to the Senate amendment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 668-1435 was agreed to.
HR 632-1401 By Mr. Shuman of the 65th: A Resolution proposing an amendment to the Constitution, so as to create the Effingham County Industrial Development Authority; and for other purposes.
FRIDAY, MARCH 1, 1968
2395
The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 6321401 as follows:
By adding the following to paragraph 6, Section 1:
"The exemption from taxation herein provided shall not in clude exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
Mr. Shuman of the 65th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 632-1401 was agreed to.
HB 1409. By Mr. Nimmer of the 84th:
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 Commissioner of Brantley County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
The following Senate amendment was read:
Senator Dean of the 6th, moves to amend HB 1409 as follows:
By striking from Section 2 the figure "6,500.00", and inserting in lieu thereof the figure "7,000.00".
By striking from Section 4 the figure "9,000.00", and inserting in lieu thereof the figure "8,500.00".
By striking the third sentence of Section 8 in its entirety and inserting in lieu thereof the following:
"However, the total compensation of all such personnel within each respective office shall not exceed the sum of $150.00 per month, and the exact amount to be paid each employee shall be fixed by a majority vote of the governing authority of said county. Each of said officers shall maintain detailed records showing the number of hours work by each of said employees, the duties per formed by each of said employees and said detailed record shall be certified and submitted to the governing authority of said county
2396
JOURNAL OF THE HOUSE,
on or before the 10th day of each month for the immediately pre ceding month."
Mr. Nimmer of the 84th moved that the House disagree to the Senate amend ment and the motion prevailed.
The Senate amendment to HB 1409 was disagreed to.
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.
The following Senate amendments were read:
Senator Smith of the 18th moves to amend HB 274 in Section 5, as quoted in Section 1 in the 4th line after the words "rates," insert the phrase "not exceeding 7% per annum" and make corresponding change in the title striking "so as to eliminate the provision limiting the interest rates of revenue bonds to six percent (6%) per annum" and insert therein "so as to fix the maximum rate of interest at (7%) per annum".
Senator Johnson of the 42nd moves to amend HB 274 as follows:
By striking in quoted Section 5 of Section 1 the figure "30" and inserting in lieu thereof the figure "40".
Mr. Jones of the 76th moved that the House agree to the Senate amendments.
On the motion, the ayes were 151, nays 0.
The Senate amendments to HB 274 were agreed to.
The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:
HR 577. By Mr. Brown of the 34th: A Resolution praising General Lewis B Hershey; and for other purposes.
FRIDAY, MARCH 1, 1968
2397
The following Senate substitute was read:
A RESOLUTION
Praising General Lewis B. Hershey; and for other purposes.
WHEREAS, our great country is presently undergoing turmoil and strife, both from within and without her borders; and
WHEREAS, many of the young people of our country have exer cised their constitutional right to speak against the Selective Service System; and
WHEREAS, General Lewis B. Hershey, as Director of the Selective Service System, has issued an order to the effect that college students who particiapte in demonstrations which interfere with the draft or military recruiting shall lose their college deferments; and
WHEREAS, General Lewis B. Hershey has received much un favorable criticism for his stand; and
WHEREAS, few people realize that General Lewis B. Hershey is not attempting to stifle the right to dissent, but he is trying to point out to the students that while the government has an obligation to its people, the people also have an obligation to their government; and
WHEREAS, General Lewis B. Hershey should be congratulated on his ability to take a firm stand in the face of such harsh, vocal and demonstrative criticism.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body hereby praises General Lewis B. Hershey for being a remarkable person and for his taking a firm stand in the face of adverse criticism.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit a copy of this Resolution to General Lewis B. Hershey, Director of the Selective Service System, Washington, D. C.
Mr. Brown of the 34th moved that the House agree to the Senate substitute.
On the motion, the ayes were 103, nays 0.
The Senate substitute to HR 577 was agreed to.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
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JOURNAL OP THE HOUSE,
SB 391. By Senator Fincher of the 51st:
A Bill to be entitled an Act to change the School Districts of the Cherokee County School System; and for other purposes.
Referred to the Committee on Local Affairs.
SB 392. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, so as to place the tax commissioner on an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
SB 394. By Senator Rowan of the 8th:
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 Berrien, so as to change the number of commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
SB 405. By Senators Johnson of the 38th, Maclntyre of the 40th, Stephens of
the 36th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
SB 230. By Senator Smalley of the 28th:
A Bill to be entitled an Act to create the "Georgia Business Corporations Act"; to comprehensively revise and supersede the present laws relating to business corporations; to provide for a title and definitions, and to establish provisions prescribing the application of this Act; and for other purposes.
Referred to the Committee on Special Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 1344. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so
FRIDAY, MARCH 1, 1968
2399
as to provide that the governing authorities of certain counties and municipalities shall not authorize the sale of alcoholic beverages for beverage purposes by the drink until the ordinance providing for such sale shall be submitted for approval or rejection by the qualified voters of such municipality; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1591. By Mr. Kirksey of the 87th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Iron City in the County of Seminole, so as to change the date for election 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1594. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Cairo in Grady County, so as to provide for fixing and publishing the salaries of the judge, solicitor and clerk of said court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 1595. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Grady County, so as to change the salary schedule of the chief deputy and the clerk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1601. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Miller County, so as to change from the warrant system to the check system; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having- received the requisite constitutional majority, was passed.
HB 1602. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to change the method of selecting the members of the Board of Education 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 111, nays 0. The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 1, 1968
2401
HB 1603. By Mr. Poss of the 17th:
A Bill to be entitled an Act to amend an Act abolishing- the present mode of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County, so as to change the provisions relating to the allowances provided for 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1604. By Mr. Poss of the 17th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Madison County, so as to provide for the compensation of the clerk of the Board of Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1606. By Mr. Poss of the 17th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Banks County, so as to change the provisions relating to the election of the members of said board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 1610. By Messrs. 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 incorporating Chattahoochee Plantation, so as to change the corporate limits of said munici pality; and for other purposes.
The report 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 1613. By Messrs. Dean and Moore of the 20th:
A Bill to be entitled an Act to reincorporate the City of Rockmart in the County of Polk; to create a new charter for said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1614. By Messrs. Maxwell and Fleming of the 106th, Sherman and DeLong of the 105th and Cheeks and Dent of the 104th:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in the County of Richmond, so as to change the method of filling vacancies on said Board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 1, 1968
2403
HB 1599. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Stephens County, so as to provide that the salary of the Judge of the City Court shall be $3,600.00 per annum; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1598. By Mr. Mason of the 22nd:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to supplement the salary of the Judge of the Superior Court of the Gwinnett Judicial Circuit from the funds of Gwinnett County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 319. By Senators Johnson of the 38th, Sells of the 37th, Ward of the 39th and others:
A Bill to be entitled an Act to amend Code Section 61-306 of the Code of Georgia as heretofore amended, so as to provide that in all counties of the State having a population of 500,000 or more, the notice required by this Section shall be six (6) days before the execution of the war rant; 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.
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The Bill, having received the requisite constitutional majority, was passed.
HB 1592. By Mrs. Hamilton of the 137th, Messrs. Daugherty of the 134th, Bond of the 136th and many others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 282. By Senator Johnson of the 38th: A Bill to be entitled an Act to fix the compensation of ordinaries in counties having a population of more than 500,000 according to the last or any future Federal decennial census; 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.
By unanimous consent, SB 282 was ordered immediately transmitted to the Senate.
HB 1575. By Messrs. Longino of the 122nd, Gates of the 123rd, Turner of the 123rd and others: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the residence qualifications for councilmen; and for other purposes.
The following Committee substitute was read and adopted:
FRIDAY, MARCH 1, 1968
2405
A BILL
To be entitled an Act to amend an Act establishing a nev,- charter for the City of College Park, approved December 16, 1895 (Ga. Laws 1895, p. 251) as amended particularly by an Act approved August 18, 1923 (Ga. Laws 1923, p. 548), an Act approved March 24, 1933 (Ga. Laws 1933, p. 892), an Act approved January 30, 1946 (Ga. Laws 1946, p. 432), an Act approved February 25, 1949 (Ga. Laws 1949, p. 1961), an Act approved March 21, 1958 (Ga. Laws 1958, p. 2721), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 2801), so as to change the time limitation for notice of hearings on the adoption of proposed zoning regulations; to remove the provisions authorizing the mayor and council to require certain male inhabitants to work on the streets and to enforce penalties for violations thereof; to exclude certain employees from the pension system; to define temporary, part-time and contract employees; to remove the provisions relating to the recorder; to provide that the city shall bear the cost of repairing public sidewalks; to provide that the city manager shall be entitled to notice and hearing in the event of removal by the mayor and council; to provide for severance pay for the city manager; to provide that the city manager shall be eligible to participate in the pension system upon request; to provide for an increase in the maximum amount of the authority of con tract or purchase by the city manager; to provide that the mayor and council and other city officers shall continue in office until a successor is named; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. Laws 1895, p. 251) as amended particularly by an Act approved August 18, 1923 (Ga. Laws 1923, p. 548), an Act approved March 24, 1933 (Ga. Laws 1933, p. 892), an Act approved January 30, 1946 (Ga. Laws 1946, p. 432), an Act approved February 25, 1949 (Ga. Laws 1949, p. 1961), an Act approved March 21, 1958 (Ga. Laws 1958, p. 2721), and an Act ap proved March 17, 1960 (Ga. Laws 1960, p. 2801), is hereby amended by striking Section 3 of the amendatory Act approved August 18, 1923 (Ga. Laws 1923, p. 548), and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. No ordinance establishing districts or zones or adopting zoning regulations as above authorized shall be passed by the mayor and council until after a public hearing shall have been had thereon before the mayor and council; fifteen (15) days notice of which hearing and of the time and place thereof shall be given in such manner as the mayor and council may prescribe; and during said fifteen (15) days a copy of the proposed ordinance shall be on file for public examination in the office of the city clerk at the city hall. No ordinance, measure or regulation which violates, dif fers or departs from the proposed ordinance on file, as herein pro vided, shall take effect unless passed by a majority vote of the entire mayor and council."
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Section 2. Said Act if further amended by striking Section 3 of the amendatory Act approved March 24, 1933 (Ga. Laws 1933, p. 892), in its entirety.
Section 3. Said Act is further amended by striking the first paragraph of Section 1 of the amendatory Act approved January 30, 1946 (Ga. Laws 1946, p. 432), in its entirety and inserting in lieu thereof a new first paragraph of Section 1 to read as follows:
"Beginning with the first calendar month following the ap proval of this amendment, all full time officers and employees of the City of College Park (other than officers elected by the people) shall be required to contribute to the pension fund created by this amendment, the amounts provided thereby and shall thereafter be entitled to pensions or retirement in the amount and upon the conditions provided by this law. Whenever used in this amendment the word 'employee' shall include all full time officers of said city other than officers elected by the people. Officers elected by the people, part time employees and their representatives shall not be entitled to pensions or retirement pay under this law. The city attorney and city judge (other than judge serving at the time of the adoption of this Act of 1946) of said city shall be excluded from the pension system hereby created. Temporary, part time or contract employees shall be any person employed to: perform a specific task and whose employment is to be terminated on com pletion of said task; perform the duties of a full time employee; perform a specific task or duties on a contractual basis by the hour, day, week or month. Nor shall the pension system provisions apply to persons employed and designated as Class III employees. Class III employees shall be unskilled employees requiring immedi ate and direct supervision."
Section 4. Said Act is further amended by striking Section 11 of the amendatory Act approved January 30, 1946 (Ga. Laws 1946, p. 432), in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. The provisions of the civil service system hereby created shall never apply to officers elected by the people or to the city attorney or city judge (other than judge serving at the time of the adoption of this Act of 1946) of the City of College Park or to any other officer or employee during the first six (6) months of employment, nor shall they apply to part time employees or to seasonal employees whose employment does not exceed six (6) months in any one (1) year. Likewise the civil service provisions of this amendment shall not apply to persons employed to take the place of employees who were inducted or voluntarily enlisted in the military or naval service of the United States, nor shall the civil service provisions of this amendment apply to persons tempo rarily employed or designated to make or conduct special inquiry, investigation or examination where such appointment or designation is certified by the mayor and council to be for employment which should not be performed by persons in the classified service. Tempo rary, part time or contract employees shall be any person employed to: perform a specific task and whose employment is to be termi-
FRIDAY, MARCH 1, 1968
2407
nated on completion of said task; perform the duties of a full time employee during the absence of the full time employee; perform a specific task or duties on a contractual basis by the hour, day, week or month. Nor shall the civil service provisions apply to per sons employed and designated as Class III employees. Class III employees shall be unskilled employees requiring immediate and
direct supervision."
Section 5. Said Act is further amended by striking Section 13 of the amendatory Act approved January 30, 1946 (Ga. Laws 1936, p. 432), in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. Beginning six (6) months after approval of this amendment all full time officers and employees of the mayor and council of the City of College Park, other than exceptions named
in this amendment, shall be employed and serve as officers and employees of said city on the civil service plan, during good be
havior and as long as they perform faithfully and efficiently all duties required of them by their superior officers and by the mayor and council of said city."
Section 6. Said Act is further amended by striking Section X(10) of the amendatory Act approved February 25, 1949 (Ga. Laws 1949, p. 1961), in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. The mayor and council of said city shall have the power and authority, at any time in their discretion, to repair or cause to be repaired, in the manner and to the extent necessary, any of the public sidewalks in said city which in their opinion are in need of repair and the city shall bear the cost of such repairs."
Section 7. Said Act is further amended by striking subsection c of quoted Section M of Section 2 of the amendatory Act approved March 24, 1958 (Ga. Laws 1958, p. 2721), in its entirety and inserting in lieu thereof a new subsection c to read as follows:
"c. The city manager shall be appointed for an indefinite term, shall hold office at the pleasure of the mayor and council and may be removed from office by the mayor and council at their discretion. However, the city manager may be removed only after a hearing conducted by the mayor and council after due notice to the city manager. Upon removal from office the city manager
shall be entitled to not less than sixty (60) days' severance pay. He shall not be subject to civil service. On request he shall be
eligible to participate in the pension plan provided for city em
ployees."
Section 8. Said Act is further amended by striking paragraph 9 of subsection g of quoted Section M of Section 2 in its entirety and in serting in lieu thereof a new paragraph 9 to read as follows:
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"9. To make and execute all lawful contracts on behalf of the City of College Park as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance or resolu tion of the mayor and council; provided that no contract, purchase or obligation involving more than one thousand dollars ($1,000.00) shall be valid or binding until approved by the mayor and council; and provided further that without approval of the mayor and council neither the city manager nor other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth (1/12) of the annual budget therefor, as fixed by the mayor and council."
Section 9. Said Act is further amended by striking Section XIII (13) in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. Said mayor and council, at the time of qualifica tion, shall elect a treasurer, clerk, marshal and city attorney, fix their compensations and require either of such officers to enter into a bond, with sufficient security, to be approved by the mayor, in such penalty as may be prescribed by the mayor and council, conditioned faithfully to collect and pay over, as required by the mayor and council, all taxes, fines, forfeitures and all other in comes to said corporation; and said officers shall continue in office one (1) year, or until a successor is named, unless sooner removed for good cause by the mayor and council. In case of a vacancy from any cause in such offices the mayor and council shall fill such vacancy. Upon recommendation of the city attorney additional legal counsel may be employed from time to time for particular matters. The mayor and council shall determine and approve sala ries, compensations and expenses of the officers and personnel listed above and shall have the right from time to time to increase or decrease said salaries or compensation in its discretion."
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1590. By Mr. Mason of the 22nd: A Bill to be entitled an Act to amend the Act of the General Assembly of Georgia, so as to redefine the City Limits of the City of Lawrenceville, in the County of Gwinnett; and for other purposes.
FRIDAY, MARCH 1, 1968
2409
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1590 by adding at the end of Section 1 thereof the following:
"The corporate limits of said City of Lawrenceville shall also include the following described property, to-wit:
All that tract or parcel of land lying and being in the 5th Land District of Gwinnett County, Georgia, described as follows:
Beginning at a point where the present City Limits of said City intersects the center line of the Lawrenceville-Buford Highway (Ga. Highway No. 20) and running thence in a northerly direction along the center line of the said Lawrenceville-Buford Highway to the point where the center line of Hurricane Shoals Road intersects the center line of the Lawrenceville-Buford Highway; thence in a westerly direction along the center line of the Hurricane Shoals Road to where the present City Limits of the City of Lawrenceville intersects the center line of Hurricane Shoals Road; thence south easterly along the present City Limits of the City of Lawreneeville to the point of beginning."
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.
HB 1605. By Mr. Poss of the 17th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the Sheriff of Madison County, so as to change the additional funds such officer shall receive to compensate deputies; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1605 as follows:
By striking quoted Section 4 of Section 1 in its entirety and sub stituting in lieu thereof a new quoted Section 4 to read as follows:
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"Section 4. In addition to the salary provided above, the Sheriff of Madison County shall receive the sum of eight thousand six hundred dollars ($8,600.00) per annum from the funds of Madi son County to be used by said officer in compensating two deputies. The first deputy shall receive the sum of four thousand four hundred ($4,400.00) dollars per annum payable in equal monthly installments, and the second deputy shall receive the sum of four thousand two hundred dollars ($4,200.00) per annum payable in equal monthly installments. In addition to all other allowances, the governing authority of Madison County, at its sole discretion, shall be authorized to make available to the sheriff the maximum sum of $2,000.00 per year to be used by the sheriff in compensating any additional personnel employed by the sheriff. Said sum, or any part thereof, shall be made available to the sheriff only upon the approval and at the sole discretion of the governing authority of Madison County."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1615. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a Charter to that municipality under that name and style; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled An Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style, approved March 2, 1943 (Ga. Laws 1943, p. 1453), as amended particularly by an Act ap proved February 8, 1949 (Ga. Laws 1949, p. 290), and an Act approved March 4, 1955 (Ga. Laws 1955, p. 2781), so as to create a department of personnel; to provide for a merit basis of appointment of personnel; to provide for a personnel director; to provide for the qualifications, powers and duties of the personnel director; to provide for a personnel board; to provide for the qualifications, appointment, removal, salary, powers, and duties of the members of the personnel board; to authorize the personnel director to promulgate rules; to provide for an unclassified
FRIDAY, MARCH 1, 1968
2411
and classified service; to provide for a classification plan; to provide for promotions; to provide for a pay plan; to provide for oaths; to provide for certain prohibitions; to provide for the acquisition, con struction, equipment, maintenance and operation of parks, playgrounds and recreational facilities; to provide for the issuance of the bonds for such purposes; to provide for the levy of a tax without limitation to rate or amount to retire said bonds; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style, approved March 2, 1943 (Ga. Laws 1943, p. 1453), as amended particularly by an Act approved February 8, 1949 (Ga. Laws 1949, p. 290), and an Act approved March 4, 1955 (Ga. Laws 1955, p. 2781), is hereby amended by inserting between Section 5 and Section 6 fourteen new sections to be designated Sections 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 51, 5J, 5K, 5L, 5M, and 5N, to read as follows:
"5A. From and after the passage and approval of this Act, there is hereby authorized to be created and established by the mayor and council of the City of Morrow a merit service system. The mayor and council shall be authorized to create such merit service system by appropriate ordinance.
"5B. Merit basis of appointment. Appointments and promo tions in the administrative service of the city shall be made ac cording to merit and fitness to be ascertained, so far as practic able, by competitive examination. To carry out this purpose, there shall be a department of personnel, the head of which shall be the personnel director, who shall be appointed annually by the mayor and council. In the absence or disqualification of the personnel director, or in the event no personnel director is appointed, the mayor shall serve as personnel director.
"5C. Personnel Director; powers and duties. The personnel director shall have the power and shall be required to:
(a) Hold competitive examinations for all appointments in the classified service, restricted to persons reasonably qualified to perform the duties of the position;
(b) Give wide publicity through appropriate channels in each case to all announcement of competitive examinations to the end of encouraging qualified persons to take such examinations;
(c) Prepare and recommend to the personnel board such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this section as provided in Section 8 of this Act;
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(d) Prepare, install, and maintain a classification plan based on the duties, authority and responsibility of positions in the city service;
(e) Prepare and maintain a classification plan based on the duties, authority and responsibility of positions in the city service;
(f) Prepare and maintain a pay plan in the city service;
(g) Establish and maintain a roster of all persons in the municipal service in which there shall be set forth, as to each officer and employee, (i) the class title of the position held, (ii) salary or pay, (iii) any changes in class title, pay or status, (iv) such other data as may be deemed desirable or useful to product sig nificant facts pertaining to personnel administration;
(h) Certify all payrolls for persons in the classified service. No person shall be placed on the classified payroll without having first been certified by the personnel director or his authorized agent as being eligible therefor;
(i) Develop and establish training and educational programs for persons in the municipal service;
(j) Investigate periodically the operation and effect of the personnel provisions of this charter and the rules promulgated thereunder, and report annually his findings and recommendations to the personnel board and mayor and council;
(k) Perform such other and different lawful acts and func' tions in conjunction with the personnel board as he and the person
nel board may deem necessary or desirable to enforce the purposes and provisions of this section.
"5D. Personnel Board; appointment; removal. There shall be a personnel board consisting of five members who shall be appointed by the mayor and council. The members of the personnel board shall annually elect one of their number as chairman and another as vice-chairman. In the absence, disqualification or disability of the chairman, the vice-chairman shall act as Chairman. Members of the personnel board shall serve for a term of five years, except that of the members first appointed, one shall be appointed to serve for five years, one for four years, one for three years, one for two years, and one for one year. Vacancies in an unexpired term shall be filled by the mayor and council by appointment for the remainder of the term. A member of the board may be removed by mayor and council only for cause and after being given a written statement of the charges against him and a public hearing thereon, if he so requests. A certified copy of the charges and a transcript of the record shall be filed with the personnel director.
"5E. Personnel board; qualifications. Each member of the personnel board shall be a freeholder in the city and qualified to
FRIDAY, MARCH 1, 1968
2413
vote in city elections, shall be known to be in sympathy with the merit principles as applied to the civil service, shall neither hold nor be a candidate for any elective political office of the City of Morrow.
"5F. Personnel board; meetings; salary. The personnel board shall meet at the call of the chairman, any three members of the board, or the personnel director, upon two days' written notice, stating the purpose of the meeting. Three members of the board shall constitute a quorum and three affirmative votes shall be re quired for the transaction of any offical business. Members of the Board shall be paid at a rate established annually by the mayor and council.
"5G. Personnel board; powers and duties; The board shall have power and shall be required to:
(a) Advise the mayor and council and the director on problems concerning personnel administration;
(b) Advise and assist the director in fostering the interest of institutions of learning, civic, professional and employee organiza tions in the improvement of personnel standards in the municipal service;
(c) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report to the mayor and council its findings, conclusions and recommendations;
(d) Hear appeals in case any officer or employee in the class ified service is suspended, reduced or removed, and report in writ ing to the mayor and council its decision and said decision shall be final; provided, however, nothing herein shall preclude any of said employees so affected from appealing said decision to the Superior Court of Clayton County, Georgia, in the same manner as appeals from the court of ordinary are taken to the superior court;
(e) Perform such other duties with reference to personnel administration, not inconsistent with this charter, as the council may require by ordinance.
"5H. Classification, (a) Within six months after the appoint ment of the first Director under this section, the director shall prepare and recommend to the board such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this section. After a public hearing thereon, the board shall approve or reject the rules wholly or in part, or may modify them, and ap prove them as so modified. Rules and any amendments thereto which are approved by the board, shall be transmitted to the per sonnel director for filing with the mayor and council together with whatever recommendations he may desire to make. Rules and amend ments thereto shall become effective when approved by the mayor and council. Thereafter, the board shall have the power, to amend,
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repeal or add to the rules on the recommendation of the director or on its own initiative, subject to the requirements of a public hearing and all other subsequent steps of procedure required herein for the adoption of the original set of rules.
(b) Rules adopted hereunder shall have the force and effect of law. They shall provide for the method of holding competitive examinations, the establishment, maintenance, consolidation and cancellation of eligible lists, administration of the classification plan, the pay plan, the application of service ratings, the hours of work, attendance regulation and leaves of absence for employees in the classified service, the order and manner in which lay-offs shall be effected and similar matters of personnel administration.
(c) The powers herein conferred upon the Director shall be subject only to the provisions of this section and of the rules adopted hereunder, and may be exercised by regulation or by order as the Director sees fit.
"51. Unclassified and classified service, (a) The unclassified service shall comprise the following offices and positions:
(i) Mayor, members of the city council, and other elective of ficers and persons appointed to fill vacancies in elective offices;
(ii) The city manager and the assistant manager, if any;
(iii) Personnel director, civil service director, city attorney, city recorder, police crossing watchman;
(iv) Members of boards and commissions in the city's service;
(v) Part-time and temporary employees.
(b) The classified service shall comprise all positions not specifically included by this section in the unclassified service.
"5J. Classification, (a) The director of personnel shall prepare an up-to-date record of the authority, duties and responsibilities of each position in the classified service. Within one year after the appointment of the first director under this section, the director shall prepare and submit to the mayor and council a plan of class ification and grading of all such positions according to similarity of authority, duties and responsibilities. Such plan shall take effect when adopted by the mayor and council.
(b) Changes in the classification plan which the director deems desirable may be recommended and adopted from time to time in the same manner as herein provided for the original adop tion of the plan.
(c) As promptly as practicable after the adoption of the class ification plan, and after any amendment thereof, the director, shall
FRIDAY, MARCH 1, 1968
2415
with the approval of the mayor and council, allocate each position in the classified service to the appropriate class therein on the basis of its authority, duties and responsibilities. Thereafter, as new positions are created or additional classes are established, or existing classes are divided, combined, altered, or abolished, the director shall make such allocations or reallocations of positions to new or existing classes as are necessitated thereby.
(d) Following the adoption of the classification plan and the allocation to classes thereon of positions in the classified service, the class title set forth therein shall be used to designate such posi tions in all offical records, documents, vouchers and communica tions, and no person shall be appointed to or employed in a posi tion in the classified service under any class title which has not been approved by the director as appropriate to the duties to be performed.
(e) Employees affected by the allocation or reallocation of a position to a class, or by any changes in the classification plan, shall be afforded a reasonable opportunity to be heard thereon after filing with the director a written request for a hearing.
"5K. Promotions. Vacancies in higher positions in the class ified service of the city shall, as far as practicable, be filled by promotion from lower classes following competitive tests; provided, that in case the personnel director so directs, such positions shall be filled by competitive tests open not only to city officers and employees serving in lower classes, but also to persons not in the service of the city. A change from a position in any class to a posi tion in another class for which a higher maximum rate of pay is prescribed shall be considered a promotion. The director of person nel shall, to the extent he considers such actions desirable, indicate the principal or normal lines of promotion from and to each class to the class specifications or in regulations.
"5L. Pay Plan. The director of personnel shall prepare for the mayor and council a standard schedule of pay for each position in the classified service.
The personnel director shall submit the pay plan to the mayor and council with such changes as he deems desirable and such plan shall take effect when adopted by the mayor and council. The pay plan adopted by the mayor and council shall include a minimum and maximum and such intermediate rates as may be deemed desirable for each class of position. Amendments to the pay schedule may be adopted by the mayor and council, from time to time, upon re commendation of the personnel director. In increasing or decreasing items in the city budget, the mayor and council shall not increase or decrease any individual salary items but shall act soley with respect to classes of positions as established in the classification and pay plans. In no event shall the mayor and council reduce the salary of a class below the minimum or raise it above the maximum salary established by the pay plan except by amendment of the pay plan.
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"5M. Oaths: for the purpose of the administration of the personnel provisions of this chapter, any member of the personnel board shall have the power to administer oaths.
"5N. Prohibitions. No persons in the classified service of the City or seeking admission thereto shall be appointed, promoted, reduced, removed or in no way favored or discriminated against because of his political or religious opinions and affiliations. No person shall willfully or corruptly make any false statement, certi ficate, mark, rating or report in regard to any test, certification or appointment held or made under the personnel provisions of this charter or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel pro visions or of the rules and regulations made thereunder. No officer or employee in the classified service of the city shall continue in such position after becoming a candidate for nomination or election to any public office. No person seeking appointment to or promotion in the classified service of the city shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for or on account of or in connection with his test, ap pointment, proposed appointment, promotion or proposed promotion. No person shall orally, by letter or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or con tribution for any political party or political purpose whatever from any person holding a postion in the classified service of the city. No person holding a position in the classified service of the city shall make any contribution to the campaign funds of any political party or any candidate for public office or take any part in the management, affairs or political campaign of any political party, or any candidate further than in the exercise of his rights as a citizen to privately express his opinion and to cast his vote.
Any person who by himself or with others willfully or cor ruptly violates any of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than $1,000.00 or by imprisonment for a term of six months or by both such fine and imprisonment. Any person who is convicted under this section shall, for a period of five years, be ineligible for appointment to or employment in a position in the city service, and shall, if he be an officer or employee of the city, immediately forfeit the office or position he holds."
Section 2. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. The mayor and council shall have the authority to construct waterworks and sewers, paying for them out of the public funds of the city or by charges for the use of such privileges. They shall have the authority to enact reasonable sanitary regula tions and to enforce the same. Said Mayor and Council shall also have full power and authority to grant franchises, over, under and upon its streets, alleys, lanes, sidewalks, parks, and other public places to any person, firm or corporation for the furnishing of water, electric light and power, gas and sewerage or any of them
FRIDAY, MARCH 1, 1968
2417
to the city and its residents; and to make such contracts with such persons, firms or corporation for the furnishing of water, electric light and power, gas and sewerage or any of them as the Mayor and Council may deem proper. Said Mayor and Council shall also have the full powers and authority to acquire, provide, construct, equip, maintain, conduct and operate parks, playgrounds, recreation cen ters and other recreational activities and facilities as may be deemed necessary or desirable in order to promote the general welfare and better protect the health of the residents of the City of Morrow."
Section 3. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The mayor and council shall have the right to levy a tax on all property in said city, not to exceed five (5) mills per annum, the rate to be determined by a resolution supported by a majority vote and entered on their minutes. All taxes shall become due December 1st, after which the mayor may issue fi fas for the collection of unpaid taxes which may then be levied by the marshal; property to be sold, if personalty before the place for holding elec tion in said city after 10 days advertisement by posting three notices in said city; if realty, to be sold at the same place after four weeks advertisement in a newspaper in said county; all of said sales to be on the first Tuesday in each month and to be held be tween the hours of 10 A.M. and 4 P.M.; the marshal shall make and execute deeds of title to the purchasers at said sale. Provided, how ever, that said Mayor and Council shall have the authority to in crease the maximum tax rate from 5 mills per annum to a rate not to exceed 15 mills. Provided any increase in said maximum tax rate shall be approved by the majority of the voters voting in any election held by the City of Morrow in which the question of increasing said maximum tax rate shall be presented to the voters.
The question of raising the maximum tax rate shall be pre sented to the voters of said city at the annual election for mayor and council of said city or at any special election called by the mayor and council for the purpose of determining said question. Said special election to be held after ten (10) days' notice. Said notice to be published in a newspaper published in Clayton County ten (10) days before said election is to be held.
Said Mayor and Council shall have the full power and authority to issue and sell bonds for the purpose of providing recreational and other public facilities allowed and in accordance with the Con stitution and laws of the State of Georgia.
Said Mayor and Council shall have the power and authority to levy a tax on all property in said City sufficient to provide funds to pay said bonds and the interest thereon as same mature, said tax to be in addition to any tax now authorized without regard to any restrictions or limitations as to rate or amount, all as in accordance with the Constitution and laws of the State of Georgia. No referen dum or election shall be required for the levy of a tax for such purpose."
2418
JOURNAL OP THE HOUSE,
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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 734-1600. By Mr. Moore of the 12th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Stephens County to be known as the Stephens County Development authority, funds, purposes, and procedure connected therewith; to pro vide for the issuance of revenue bonds and the validation of such bonds; 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 adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Stephens County to be known as the Stephens County Development Authority, which shall be an instrumentality of Stephens County and a public corporation and which in this amendment is hereby referred to as the 'Authority'.
"B. The Authority shall consist of five members. The President of the Stephens County Chamber of Commerce, the Mayor of Toccoa, Georgia, and the Chairman of the Stephens County Board of Com missioners shall be ex-officio members of the Authority. In addition, the Board of Commissioners of Roads and Revenues of Stephens County shall appoint two members who shall serve for a term of five years and shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said Board of County Com missioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
"C. The power of the Authority shall include, but not be limited to, the power:
FRIDAY, MARCH 1, 1968
2419
1. To sue and be sued; to receive and administer gifts, grants and donations and administer trusts;
2. To borrow money, to issue notes and revenue bonds, to execute trust agreements or indentures, and to sell, convey, lease, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
3. To grant, loan, and lease any of its funds and property tc private persons and corporations promising to operate any industrial plant or establishment within Stephens County which in the judg ment of the Authority will reduce unemployment and will be of a benefit of the people of said County. The provision of this clause shall not be construed to limit any other powers of the Authority.
4. To exercise any power granted by the laws of the State of Georgia to any public or private corporation performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia.
5. To encourage and promote the expansion and development of industrial and commercial facilities in Stephens County, Georgia, so as to relieve insofar as possible unemployment within its bounda ries, and to that end to acquire by purchase or gift any building or structure within the limits of said County suitable for and in tended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnish ings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, or buildings or other structures and facilities useful or desirable in connection therewith, including the demolition of existing struc tures, or through the acquisition of an existing building and re modeling, renovating, reconstructing, furnishing and equipping of such buildings, and to acquire and equip any additions or acqui sitions thereto;
6. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer or possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
7. To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivsions may be invested;
8. To designate officers to sign and act for the Authority gen erally or in any specific manner;
2420
JOURNAL OF THE HOUSE,
9. To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;
10. To appoint and select officers, agents and employees in cluding engineers, architects, builders and attorneys, and to fix their compensation;
11. To adopt, alter or repeal its own bylaws, rules and regula tions governing the manner in which its business may be trans acted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
"D. The property obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of Stephens County, Georgia. 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.
"E. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds, debentures and revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority, such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the laws of Georgia, as though such bonds had originally been authorized to be issued under the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended. The judgment of validation shall be final, conclusive and forever incontestable as to the validity of the bonds and the security for the payment thereof, as well as all other matters, both substantive and procedural, relative to their issuance, and any property real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encum bered, including the creation of any security interest in any equip ment or other property of the Authority, as security for any lawful debt of the Authority.
"P. The County of Stephens is hereby authorized to levy and collect an annual ad valorem tax not to exceed two (2) mills for developing and promoting industry and agriculture and to reduce unemployment in Stephens County, and is hereby directed to pay the Authority all funds deriving from such levy to be used for the purposes provided herein.
"G. If at any time, in the judgment of the County Commis sioners of Stephens County, the two (2) mills ad valorem levy as herein provided shall not longer need to effectuate the purposes of this amendment, said Commissioners may discontinue said two (2) mills ad valorem tax levy without further legislature enactment.
"H. The Authority shall not be empowered or authorized in any manner to create any debt, liability or obligation against the State of Georgia, or County of Stephens.
FRIDAY, MARCH 1, 1968
2421
"I. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Stephens County, Georgia, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"J. The provisions of this amendment are severable, and if any of its provisions shall be held unconstitutional by any court of com petent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
"K. Any project of the Authority shall be restricted to or within the limits of Stephens County, Georgia.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Stephens 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 public purposes.
"M. This amendment shall be effective immediately upon procla mation of its ratification by the Governor and the first members of the Authority shall take office within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority.
The provisions of this amendment shall supersede an amendment creating the Stephens County Development Authority ratified at the November 1962 general election and found in Ga. Laws 1962, p. 877. All actions and proceedings taken thereunder and under the provisions of any law passed pursuant to the aforesaid amendment are hereby ratified and confirmed as if the provisions contained herein had been in effect. The Authority created hereunder shall be the successor to the Authority created pursuant to the aforesaid amendment and shall succeed to all the powers of the Authority created pursuant to the aforesaid amendment and the assets and obligations of such Authority shall be the assets and obligations of
the Authority created herein."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
2422
JOURNAL OF THE HOUSE,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Stephens County Industrial De-
NO ( ) velopment Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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 Alexander Anderson Ballard Barber 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
Caldwell Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty
Davis Dean DeLong
Dent Dickinson Dillon Dixon Dodson Douglas Edwards Egan Fallin Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat
Grahl Graves Grier
Hadaway Hale Hamilton Hargrett Harrington Harris, J. R. Harrison Henderson Higginbotham
Holder Hood Howard Howell Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. 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 Leonard Le vitas Lewis Longino Lovell Lowrey
FRIDAY, MARCH 1, 1968
Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nessmith Newton Nimmer Northcutt Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Potts Ragland Rainey Reaves Richardson Roach Ross
2423
Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bennett Busbee Games Cox Crowe, W. J. Dollar Dorminy Doster Farmer Gunter
Hall Harris, J. F. Harris, R. W. Hill Johnson, A. S. Laite Moore, Don C. Nash Odom Oglesby Otwell
Phillips Poss Savage Sweat Thompson, A. W. Turner Vaughan, D. N.
Ware Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
2424
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 735-1608. By Mr. Moate of the 39th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Futnam County Development Authority; to provide for powers, author ity, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the County of Putnam to be known as the Putnam Development Au thority, which shall be an instrumentality of Putnam County and a public corporation and which in this amendment is hereafter re ferred to as the 'Authority.'
"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Board of Commissioners of Roads and Revenues of Putnam County. The initial members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly elected and qualified. Vacancies shall be filled for the unexpired term by the Board of Commissioners of Koads and Revenues of Putnam County. A majority of members shall consti tute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the Board of Commissioners of Roads and Revenues of Putnam County, but there shall be no other disqualifications to hold public office by reason of membership on the Authority. The Authority shall elect a Chair man and such other officers as they may deem necessary at its first meeting in each calendar year.
"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 Put nam County. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agree ment for the purpose of taxation shall be classed as an interest in
FRIDAY, MARCH 1, 1968
2425
the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use of the Authority.
"D. The powers of the Authority shall include but not be limited to, the power:
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings, and property of all kinds within Putnam County.
(2) To receive and administer gifts, grants, and donations and to administer trusts.
(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or estab lishment within Putnam County. The provisions of this clause shall not be construed to limit any other power of the Authority.
(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor.
(5) To contract with Putnam County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name.
(6) To have and exercise usual powers of a private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.
(7) To encourage and promote the expansion of industry, agri culture, trade, commerce and recreation in Putnam County, and to make long-range plans therefor.
(8) To exercise such other powers and duties as may be dele gated to it by the Board of Commissioners of Roads and Revenues of Putnam County.
(9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
2426
JOURNAL OF THE HOUSE,
(10) To designate officers to sign and act for the Authority generally or in any specific matter.
(11) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authortiy as herein stated.
"E. The Authority shall not be authorized to create in any
manner any debt, liability or obligation Putnam County or the State of Georgia.
"P. The Authority shall have the same immunity and exemp tion from liability from torts and negligence as the State of Georgia
and the officers, agents and employees of the Authority, when in performance of the work of the Authority, shall have the same 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 Author ity may be sued the same as private corporations on any contractual obligation of the Authority.
"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be author ized by the Authority and approved by the Board of Commissioners of Roads and Revenues of Putnam County and such compensation shall be paid from funds of the Authority.
"H. The Board of Commissioners of Roads and Revenues of Putnam County is hereby authorized to levy an annual tax on all taxable property located within the county not to exceed two mills per dollar on assessed valuation for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid to the Authority 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 hereafter be provided by law. The tax authorized herein shall be in addition to all other taxes authorized by law.
"I. In order to finance any undertaking with the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respect in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann., Supp., Chapter 87-8, as if said obligation had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bond 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
FRIDAY, MARCH 1, 1968
2427
bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to authorize said Authority to issue any bond resulting in the creation of a lien against the tax digest of Putnam County.
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payments of the obligation.
"K. This amendment is adopted for the purpose of developing and promoting for the public good and general welfare of Putnam County and its citizens, industry, agriculture, commerce, natural resources and vocational training, and the making of long-range plans for the coordination of such development, promotion and expansion within its territorial limits. This amendment and any law enacted with reference to the Authority shall be liberally construed for the development of this purpose.
"L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor.
"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority.
"N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Putnam County or the State of Georgia."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 NO ( ) create the Putnam County Development
Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
2428
JOURNAL OF THE HOUSE,
If such amendment sahll be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Battle 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 Caldwell Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cook Cooper, R. Cooper, J. R. Crowe, William Dailey Daugherty
Da vis Dean DeLongDent Diokinson Diilon Dixon Dodson Douglas Edwards Egan Fallin Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hadaway Hale Hamilton Hargvett Harrington Harris, J. R. Harrison Henderson Higginbotham Holder Hood Howard Howell
Hvitchinson Jenkins Johnson, B. Joiner Jones, C. M. 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 Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton
Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nessmith Newton Nimmer Northcutt Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Potts Ragland
FRIDAY, MARCH 1, 1968
Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes
2429
Steis Sullivan Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bennett Busbee Carnes Cox Crowe, W. J. Dollar Dorminy Doster Farmer Gunter
Hall Harris, J. F. Harris, R. W. Hill Johnson, A. S. Laite Moore, Don C. Nash Odom Oglesby Otwell
Phillips Poss Savage Sweat Thompson, A. W. Turner Vaughan, D. N. Ware Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 738-1616. By Mr. Johnson of the 40th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Glascock County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
2430
JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Consti tution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Glascock County Industrial Development Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity.
"B. The Authority shall be composed of seven members, one of whom shall be the member of the House of Representatives of Georgia whose Representative District includes Glascock County, and six of whom shall be residents of Glascock County appointed by the governing authority of Glascock County and said member of the House of Representatives of Georgia. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Glascock County, except the member of the House of Representatives who is a member of said Authority shall serve for a term concurrent with his term in the House of Representatives and shall serve from term to term as long as he remains a member of the House of Repre sentatives. In the event a vacancy occurs in the membership of the Authority by death, resignation or otherwise, the appointing authority shall fill the same, but in the event the vacancy occurs in the member's office who is a member of the House of Representa tives, then his successor in office shall fill such vacancy. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Author ity.
"C. As used in this amendment the following words and terms shall have the following meanings unless a different meaning clear ly appears from the context:
(1) The word 'Authority' shall mean the Glascock County Industrial Development Authority.
(2) The word 'project' shall be deemed to mean and include the acquisition of lands, properties and improvements for develop ment, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plans for the purpose of selling, leasing or renting such structures to private persons, firms or corporations.
(3) The term 'cost of project' shall embrace the cost of con struction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing
FRIDAY, MARCH 1, 1968
2431
charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incidental to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incidental to the financing herein authorized, the construtcion of any project and placing the same in operation.
"D. Glascock County is hereby expressly authorized to enter into contracts with the Authority as a public corporation.
"E. A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Au thority, but any action with respect to any project of the Authority shall be approved by not less than a majority vote of the total membership of the Authority.
"F. The Authority shall have the following powers:
(1) To have a seal and alter the same at pleasure.
(2) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes.
(3) To enter into contracts with Glascock County.
(4) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in Glascock County, the governing authority of Glascock County is hereby authorized, in its discretion, to convey title to such lands, including any improvements thereon, to the Authority.
(5) To appoint and select officers, agents, and employees in cluding engineers, architects, builders, and attorneys, and to fix their compensation.
(6) To make contracts, and to execute all instruments neces sary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires.
(7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue bonds of the Authority or from any grant from the County of Glascock, or from any contribution or loans by persons, firms or
2432
JOURNAL OP THE HOUSE,
corporations, all of which the Authority is hereby authorized to receive and accept and use.
(8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing.
The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States.
(9) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar func tions, which is not in conflict with the Constitution and laws of the State of Georgia.
(10) To do all things necessary or convenient to carry out the powers expressly conferred by this Act.
(11) To adopt, alter or repeal its own bylaws, rules and regu lations governing the manner in which its business may be trans acted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
(12) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue bonds.
(13) Through the use and power of eminent domain, the Au thority shall have the right, power, privilege and authority to con demn real property, rights-of-way or easements for the purpose of developing and promoting for the public good and welfare industry within Glascock County, any such condemnation to be conducted in accordance with the laws of the State of Georgia.
"G. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation.
"H. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or Glascock County.
"I. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Glascock
County.
FRIDAY, MARCH 1, 1968
2433
"J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Glascock County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"K. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Glas cock and its inhabitants, shall be liberally construed to effect the purposes hereof.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Glascock 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. 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 same, and may likewise further regulate the management and conduct of the Authority."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as NO ( ) create the Glascock County Industrial De
velopment Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamaion thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
2434
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber 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 Caldwell Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Douglas Edwards Egan Fallin
Farrar
Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hadaway Hale Hamilton Hargrett Harrington Harris, J. R. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. 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 Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nessmith Newton Nimmer Northcutt Pafford Palmer
Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L.
Snow Stalnaker Starnes Steis Sullivan Thompson, R. Threadgill Townsend
FRIDAY, MARCH 1, 1968
Tucker Tye Underwood Vaughn, C. R. Walling Wamble Ward Wells
2435
Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood
Those not voting were Messrs.
Barfield Bennett Busbee Carnes Cox Crowe, W. J. Dollar Dorminy Doster Farmer Gunter
Hall Harris, J. F. Harris, R. W. Hill Johnson, A. S. Laite Mooro, Don C. Nash Odom Oglesby Otwell
Phillips Poss Savage Sweat Thompson, A. W. Turner Vaughan Ware Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
HR 739-1616. By Mr. Johnson of the 40th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Warren County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Warren County Industrial Development Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued,
2436
JOURNAL OF THE HOUSE,
plead and be impleaded, and complain and defend in all courts of law and equity.
"B. The Authority shall be composed of seven members, one of whom shall be the member of the House of Representatives of Georgia whose Representative District includes Warren County, and six of whom shall be residents of Warren County appointed by the governing authority of Warren County and said member of the House of Representatives of Georgia. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Warren County, except the member of the House of Representatives, who is a member of said Authority, shall serve for a term concurrent with his term in the House of Representatives and shall serve from term to term as long as he remains a member of the House of Representatives. In the event a vacancy occurs in the membership of the Authority, by death, resignation or otherwise, the appointing authority shall fill the same, but in the event the vacancy occurs in the member's office who is a member of the House of Repre sentatives, then his successor in office shall fill such vacancy. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority.
"C. As used in this amendment the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
(1) The word 'Authority' shall mean the Warren County In dustrial Development Authority.
(2) The word 'project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plans for the purpose of selling, leasing or renting such structures to private persons, firms or corporations.
(3) The term 'cost of project' shall embrace the cost of con struction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incidental to the financing herein authorized, the construction of any project and placing the same in operation.
"D. Warren County is hereby expressly authorized to enter into contracts with the Authority as a public corporation.
FRIDAY, MARCH 1, 1968
2437
"E. A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Authority, but any action with respect to any project of the Authority shall be approved by not less than a majority vote of the total membership of the Authority.
F. The Authority shall have the following powers:
(1) To have a seal and alter the same at pleasure.
(2) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes.
(3) To enter into contracts with Warren County.
(4) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authoriy shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in Warren County, the governing authority of Warren County is hereby authorized, in its discretion, to convey title to such lands, including any improvements thereon, to the Authority.
(5) To appoint and select officers, agents, and employees in cluding engineers, architects, builders, and attorneys, and to fix their compensation.
(6) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires.
(7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue bonds of the Authority or from any grant from the County of Warren, or from any contribution or loans by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use.
(8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing.
The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States.
2438
JOURNAL OF THE HOUSE,
(9) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar func tions, which is not in conflict with the Constitution and laws of the State of Georgia.
(10) To do all things necessary or convenient to carry out the powers expressly conferred by this Act.
(11) To adopt, alter or repeal its own bylaws, rules and regu lations governing the manner in which its business may be trans acted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its busi ness.
(12) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue bonds.
(13) Through the use and power of eminent domain, the Au thority shall have the right, power, privilege and authority to con demn real property, rights-of-way or easements for the purpose of developing and promoting for the public good and welfare industry within Warren County, any such condemnation to be conducted in accordance with the laws of the State of Georgia.
"G. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation.
"H. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or Warren County.
"I. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Warren
County.
"J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Warren County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"K. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Warren and its inhabitants, shall be liberally construed to effect the pur poses hereof.
FRIDAY, MARCH 1, 1968
2439
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Warren 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. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has 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 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 NO ( ) to create the Warren County Industrial Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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
Battle Berry, C. E. Berry, J. K. Black Blalock
Bond Bostick Bowen Branch Brantley, H. H.
2440
Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Cates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Douglas Edwards Egan Fallin Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hadaway Hale Hamilton Hargrett Harrington Harris, J. R. Harrison Henderson
JOURNAL OF THE HOUSE,
Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. 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 Leonard Le vitas Lewis Longino
Lovell
Lowrey
Magoon Malone
Mason Matthews, C. Matthews, D. R.
Mauldin
Maxwell McClatchey McCracken
McDaniell Melton Merritt
Miller
Mixon Moate
Moore, J. H. Moreland Mullinax
Murphy Nessmith
Newton Nimmer
Northcutt
Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Potts Eagland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T.
Smith, W. L.
Snow Stalnaker
Starnes
Steis Sullivan
Thompson, R. Threadgill Townsend
Tucker
Tye Underwood Vaughn, C. R.
Walling
Wamble Ward
Wells Westlake
Whaley Wiggins
Williams Wilson, R. W.
Winkles Wood
FRIDAY, MARCH 1, 1968
Those not voting were Messrs.:
Barfield Bennett Busbee Carnes Cox Crowe, W. J. Dollar Dorminy Doster Farmer Gunter
Hall Harris, J. F. Harris, R. W. Hill Johnson, A. S. Laite Moore, Don C. Nash Odom Oglesby Otwell
2441
Phillips Poss Savage Sweat Thompson, A. W. Turner Vaughan, D. N. Ware Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 180. By Senators Johnson of the 38th, Maclntyre of the 40th, Smith of the 34th and others:
A RESOLUTION
Proposing an amendment to Article VII, of the Constitution, so as to authorize the City of Atlanta to issue bonds for school purposes with out a referendum election under certain conditions; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII of the Constitution, as amended, is further amended by adding at the end thereof a new Section to be appropriately numbered and to read as follows:
"Section--Paragraph I. Notwithstanding any other provisions of this Article, the City of Atlanta may issue general obligation bonds for school purposes without submitting the issuance thereof of the voters of said City at a referendum, subject to the following restrictions and limitations:
The issuance of such bonds shall be authorized at a public meeting held for such purpose after at least ten (10) days' notice thereof in the official organ of said City, and in at least one (1) of the daily newspapers of said City. Within thirty (30) days after said public hearing, any person opposed to the issuance of said bonds without a referendum may prepare a petition for a referen dum, to be filed with the City Clerk of the City of Atlanta. If such petition shall contain the names of not less than five (5%) percent
2442
JOURNAL OF THE HOUSE,
of the registered voters of said City, and such fact shall be deter mined by the clerk, the clerk shall call an election to be held in said City, at which time the question of the issuance of the bonds shall be submitted to the vote of the qualified voters of the City of Atlanta, at an election to be held not earlier than thirty (30) days nor later than forty-five (45) days from the date of said call; pro
vided, however, that the Board of Aldermen, upon the filing of said petition for referendum, may withdraw the proposal from further consideration and decline to issue the bonds, either with or with out a referendum. Should the Board make such an election to with draw, no new public meeting to consider the same proposal may be had within a period of ninety (90) days following the date on which the aforesaid petition for referendum was filed.
Not more than four million dollars ($4,000,000) in aggregate principal amount of such bonds so issued without a referendum shall be issued in any fiscal year.
The aggregate of all outstanding bonds, including those issued by vote of the people in a referendum and those issued under this amendment without a referendum, shall not exceed the limitations
provided elsewhere in this Article."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of
1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the City of Atlanta to issue in any one year not in excess of $4,000,000 in principal amount of general obligation bonds for school purposes without a referendum but subject to certain limita tions."
"Against ratification of amendment to the Constitution so as to authorize the City of Atlanta to issue in any one year not in excess of $4,000,000 in principal amount of general obligation bonds for school purposes without a referendum but subject to certain
limitations."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall
vote against ratification.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns
FRIDAY, MARCH 1, 1968
2443
for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend SR 180 as follows:
By amending Section 1 thereof so as to change the word "of" be tween the words "thereof" and "the" in line 4 of the first quoted para graph of said section to the word "to".
By further amending Section 1 of said resolution so as to change the word "names" in line 8 of the second quoted paragraph of said section to the word "signatures".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber 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 Caldwell Gates Cato Chandler Cheeks
Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Douglas Edwards Egan Fallin Farrar
Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hadaway Hale Hamilton Hargrett Harrington Harris, J. R. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Jenkins
2444
JOURNAL OF THE HOUSE,
Johnson, B. Joiner Jones, C. M. 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 Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell
Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nessmith Newton Nimmer Northcutt Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan
Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bennett Busbee Games Cox Crowe, W. J. Dollar Dorminy Doster Farmer Gunter
Hall Harris, J. F. Harris, R. W. Hill Johnson, A. S. Laite Moore, Don C. Nash Odom Oglesby Otwell
Phillips Poss Savage Sweat Thompson, A. W. Turner Vaughan, D. N. Ware Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
FRIDAY, MARCH 1, 1968
2445
SR 184. By Senators Smith of the 34th, Maclntyre of the 40th, Johnson of the 38th and others:
A RESOLUTION
Proposing an amendment to Article VII of the Constitution, so as to authorize the City of Atlanta to issue bonds for lawful public pur poses other than school purposes without a referendum election under certain conditions; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII of the Constitution, as amended, is further amended by adding at the end thereof a new Section to be appropriately numbered and to read as follows:
"Section ___ Paragraph I. Notwithstanding any other provision of this Article, the City of Atlanta may issue general obligation bonds for any lawful public purpose other than for school purposes, without submitting the issuance thereof to the voters of said City at a referendum, subject to the following restrictions and limita
tions :
The issuance of such bonds shall be authorized at a public meet ing held for such purpose after at least ten (10) days' notice there of in the official organ of said City, and in at least one (1) of the daily newspapers of said City. Within thirty (30) days after said public hearing, any person opposed to the issuance of said bonds without a referendum may prepare a petition for a referen dum, to be filed with the City Clerk of the City of Atlanta. If such petition shall contain the names of not less than five (5%) percent of the registered voters of said City, and such fact shall be deter mined by the clerk, the clerk shall call an election to be held in said City, at which time the question of the issuance of the bonds shall be submitted to the vote of the qualified voters of the City of Atlanta, at an election to be held not earlier than thirty (30) days nor later than forty-five (45) days from the date of said call; provided, however, that the Board of Aldermen, upon the fil ing of said petition for referendum, may withdraw the proposal from further consideration and decline to issue the bonds, either with or without a referendum.
Should the Board make such an election to withdraw, no new public meeting to reconsider the same proposal may be had within a period of ninety (90) days following the date on which the afore said petition for referendum was filed.
Not more than four million dollars ($4,000,000) in aggregate principal amount of such bonds so issued without a referendum shall be issued in any fiscal year.
The aggregate of all outstanding bonds, including those issued by vote of the people in a referendum and those issued under this
2446
JOURNAL OF THE HOUSE,
amendment without a referendum, shall not exceed the limitations provided elsewhere in this Article."
Section 2. When the above proposed amendment to the Consti tution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the City of Atlanta to issue in any one year not in excess of $4,000,000 in principal amount of general abligation bonds for any lawful public purpose other than school purposes without a referendum but subject to certain limita tions."
"Against ratification of amendment to the Constitution so as to authorize the City of Atlanta to issue in any one year not in excess of $4,000,000 in principal amount of general obli gation bonds for any lawful public purpose other than school purposes without a referendum but subject to certain limita tions."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitu tion of this State. The returns of the election shall be made in like manner as returns for elections for members of the General As sembly, and it shall be the duty of the Secretary of State to ascer tain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend SR 184 as follows:
By amending Section I thereof so as to change the word "names" in line 7 of the second quoted paragraph of said section to the word "signatures".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
FRIDAY, MARCH 1, 1968
2447
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Battle 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 Caldwell Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson Douglas Edwards Egan Fallin Farrar Fleming
Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hadaway Hale Hamilton Hargrett Harrington Harris, J. R. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. 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 Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason
Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nessmith Newton Nimmer Northcutt Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow
2448
Stalnaker Starnes Steis Sullivan Thompson, R. Threadgill Townsend Tucker
JOURNAL OF THE HOUSE,
Tye Underwood Vaughn, C. R. Walling Wamble Ward Wells Westlake
Whaley Wiggins Williams Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bennett Busbee Carnes Cox Crowe, W. J. Dollar Dorminy Doster Farmer Gunter
Hall Harris, J. F. Harris, R. W. Hill Johnson, A. S. Laite Moore, Don C. Nash Odom Oglesby Otwell
Phillips Poss Savage Sweat Thompson, A. W. Turner Vaughan, D. N. Ware Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
The following Resolutions of the House were read and adopted:
HR 701. By Mr. Harris of the 118th:
A RESOLUTION
Amending the Rules of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House are hereby amended by striking Rule 123 which read as follows:
"Rule 123. No bill or resolution requiring the concurring vote of the Senate for passage shall be introduced unless the same shall have been filed in the office of the Clerk before 10:00 A. M., on the previous day. However, such a bill or resolution may be intro duced on the second day of any regular, adjourned, or special ses sion if it shall have been filed in the office of the Clerk before 12:00 noon of the first day of such session."
FRIDAY, MARCH 1, 1968
2449
in its entirety and inserting in lieu thereof a new Rule 123 to read as follows:
"Rule 123. No bill or resolution requiring the concurring vote of the Senate for passage shall be introduced unless the same shall have been filed in the office of the Clerk not later than one hour after the time of adjournment on the previous day."
HR 778. By Messrs. Tucker of the 36th, Murphy of the 26th, Melton of the 34th, Egan of the 141st and Lee of the 79th:
A RESOLUTION
Creating an interim study committee; and for other purposes.
WHEREAS, it is impossible to file a State of Georgia income tax return when the husband and wife both work without incurring addi tional tax liability which is eliminated when separate returns are filed; and
WHEREAS, the exact opposite is true insofar as federal income tax returns are concerned; and
WHEREAS, it is the desire of the members of this body to reduce if possible, the overall workload of the State Income Tax Unit by amending the income tax laws to allow a husband and wife who both work to file a joint state income tax return without incurring additional tax liability.
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 shall conduct a thorough study of the state and federal income tax laws to determine if the state income tax laws can be amended to eliminate the provision which requires a husband and wife who both work to file separate tax returns to avoid additional liability. The Director of the Income Tax Unit of the State Revenue Department is hereby authorized and di rected to cooperate with the members of this committee to the fullest extent. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for no more than ten days. The funds neces sary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of govern ment. The committee shall make a report of its findings and recom mendations on or before December 1, 1968, on which date the committee shall stand abolished.
HR 781-1631. By Messrs. Williams of the 16th, Crowe of the 1st, Knapp of the 109th, Gary of the 35th, Smith of the 44th and Vaughan of the 14th:
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JOURNAL OF THE HOUSE,
A RESOLUTION
Creating the Governor's Traffic Safety Study Committee; and for other purposes.
WHEREAS, for the past several years there has been created by the General Assembly, an interim study committee charged with the responsibility of studying the needs of this State as they relate to high way and traffic safety programs; and
WHEREAS, recent developments at the federal level have made it mandatory that the several states devise a comprehensive highway and traffic safety program designed to reduce the number of traffic acci dents, deaths, injuries and property damage; and
WHEREAS, under the provisions of recently enacted federal legis lation there is a continuing and pressing need for the adoption of laws and programs designed to reduce the number of traffic accidents in order that this State shall not be penalized through reduction of federal highway funds which are authorized to be received by the State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Governor's Traffic Safety Committee to be composed of four members of the House of Representatives to be appointed by the Speaker thereof, four Sena tors to be appointed by the Lieutenant Governor and four members, not legislative members, to be appointed by the Governor. The committee shall reassess the needs of this State insofar as highway traffic safety laws and programs are concerned. The committee is specifically charged with the responsibility of studying the feasibility of creating within the Executive Branch of the State Government, a Department of Motor Vehicles whereby all of the various agencies concerned with highway traffic safety and motor vehicle problems will be centered in one central department of the government.
BE IT FURTHER RESOLVED that the Committee shall be au thorized to meet for a period of ten (10) days unless the Speaker of the House and the Lieutenant Governor shall, by joint approval, allow an additional number of days. The legislative members of the Commit tee shall receive the expenses and travel allowances authorized for legislative members of interim legislative committees from the funds appropriated to or available to the legislative branch of government. The other members of the Committee shall, in the discretion of the Governor, receive the same expenses and travel allowances authorized for the legislative members from funds appropriated to or available to the executive branch of government. The Committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly.
HR 787. By Mr. Laite of the 109th:
A RESOLUTION
Commending Honorable Edgar H. Wilson; and for other purposes.
WHEREAS, Honorable Edgar H. Wilson served with honor and distinction as a member of the House of Representatives from Bibb County during the 1957-58 and 1959-60 terms; and
FRIDAY, MARCH 1, 1968
2451
WHEREAS, he resigned as a member of the House in September, 1959, after being elected Mayor of the City of Macon; and
WHEREAS, he served the citizens of the City of Macon as their Mayor with ability, honesty and dedication; and
WHEREAS, he has been a distinguished Professor of Law at Mercer University for many years; resigning only recently to accept a post at the University of Florida Law School at Gainesville, Florida; and
WHEREAS, the State of Georgia will miss the services of this out standing gentleman.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Edgar H. Wilson for his many years of dedicated public service and further expresses its sincerest best wishes to him as he assumes his duties at the University of Florida Law School.
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 Edgar H. Wilson.
HR 788. By Messrs. Knapp of the 109th, Dodson of the 107th, Miller of the 108th and others:
A RESOLUTION
Expressing regret at the untimely passing of Mr. Otis Redding; and for other purposes.
WHEREAS, Mr. Otis Redding, the "King of Soul" went to his untimely death at the age of 26 as a result of a plane crash on Decem ber 10, 1967; and
WHEREAS, being born in Dawson and moving to Macon as a child, he was a native Georgian who rose from poverty and obscurity to be come one of the most famous entertainers in the United States; and
WHEREAS, the career of this remarkable young man was one of outstanding ability and achievement as a performer, recording artist, songwriter, music publisher, farmer and businessman; and
WHEREAS, his fame was international as demonstrated by the fact that he was voted the "World's Number One Male Vocalist" in 1967 by Great Britain's Melody Maker Magazine and was widely ac claimed in Europe, Canada and the Caribbean; and
WHEREAS, he was dedicated to the welfare of youth and made the album "Stay in School" in cooperation with Vice President Hubert
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JOURNAL OP THE HOUSE,
Humphrey, although he had dropped out of Ballard-Hudson High School in the 10th grade; and
WHEREAS, he maintained his home on a farm near Macon after achieving fame and fortune; and
WHEREAS, his untimely death is mourned not only by the millions of people throughout the world who love the "Soul Music" he sang with such consummate skill and understanding, but by all people who admire ability, courage, determination and extraordinary talent.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regret at the untimely passing of Mr. Otis Redding, the "King of Soul" and further extend its sincerest sympathy to his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this resolution to Mrs. Otis Redding and to Walden Artists and Promotions of Macon, Georgia.
HR 789. By Messrs. Lewis and Newton of the 50th and Lane of the 64th:
A RESOLUTION
Commending the Honorable H. Walstein Parker; and for other purposes.
WHEREAS, the honorable gentleman from District 55 will be completing his tenth year as a member of the Georgia House of Repre sentatives at the end of the 1968 Session; and
WHEREAS, the Honorable H. Walstein Parker, during the last ten years, has provided the House with an air of quality and dignity, and he has given his constituents the best possible representation; and
WHEREAS, the Honorable H. Walstein Parker began his career in 1938 as a public servant by serving on the Sereven County Board of Education, a position he held for 20 years; and
WHEREAS, the Honorable H. Walstein Parker has worked dili gently and strenuously to upgrade educational standards for the chil dren of Georgia, and he has served well in his capacity as ViceChairman of the House Education Committee; and
WHEREAS, the Honorable H. Walstein Parker was born October 24, 1910, in Woodcliff, Georgia; he attended Emory at Oxford from 1926-1927, and graduated from the Georgia Normal School in 1928; and
WHEREAS, the Honorable H. Walstein Parker is a member of the Baptist Church, a Democrat, a Scottish Rite Mason and Shriner and an ex officio Justice of the Peace of Sereven County; and
FRIDAY, MARCH 1, 1968
2453
WHEREAS, the Honorable H. Walstein Parker was President of his Local Farm Bureau Chapter from 1942-1952; he served on the School Commission created by the 1960 General Assembly; and he served on the Governor's Commission on Education in 1963.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable H. Walstein Parker on his ten years of dignified, dedicated and intel lectual service as a member of the House.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable H. Walstein Parker.
HR 790. By Messrs. Laite of the 109th, Peterson of the 59th, Sullivan of the 95th and others:
A RESOLUTION
Commending Reverend W. W. Laite; and for other purposes.
WHEREAS, this morning, this body has had the distinct honor and pleasure of having the Reverend W. W. Laite serve as the Chaplain of the House of Representatives; and
WHEREAS, the beautiful prayer and thoughts expressed to this body have indeed proved to be an inspiration to all members of this body; and
WHEREAS, Reverend Laite is the grandfather of the distinguished Representative from the 109th District, W. E. "Bill" Laite, Jr.; and
WHEREAS, during Reverend Laite's long and eventful life he has dedicated his entire energies and resources to the betterment of his fellowman and has provided an inspiration to all of his congregations, friends, relatives and acquaintances.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest appreciation for the wonderful message brought to us this morning by Reverend W. W. Laite.
BE IT FURTHER RESOLVED that this body does hereby com mend Reverend Laite for the many contributions which he has made to his community, congregations and acquaintances by his truly inspira tional life.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Reverend W. W. Laite.
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JOURNAL OP THE HOUSE,
HR 791. By Mr. McClatchey of the 138th:
A RESOLUTION
Making April, 1968, as Cancer Control Month; and for other pur poses.
WHEREAS, cancer is the second largest killer in our State today, and is the most curable of the major fatal diseases when it is found early and treated promptly; and
WHEREAS, of the 11,000 new cases expected in Georgia during 1968, at least 5,500 could be saved if every case were found and treated early; and
WHEREAS, this is the urgency of public education--to help alert people to the dangers of the disease and what can be done to prevent needless deaths; and
WHEREAS, the American Cancer Society's voluntary EducationFunds Crusade each April brings this important part of cancer control to the people of Georgia with greater impact and more consistency than any other program of public education and is therefore worthy of the support and interest of all Georgians, more than 1,000,000 of whom at present rates will some day have cancer.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that April, 1968, be observed as Cancer Control Month in Georgia and that all Georgians be encouraged to cooperate and support the work of the American Cancer Society, Geor gia Division to help prevent needless deaths from cancer through early treatment education, to relieve suffering through volunteer patient service, and to speed the final conquest of cancer through cancer re search.
HR 792. By Messrs. Lowrey, Minge and Starnes of the 13th:
A RESOLUTION
Creating an interim study committee on the advisability of devoting certain space at the Battey State Hospital for the care and treatment of mentally ill children; and for other purposes.
WHEREAS, overcrowded conditions and inadequate staff have made it necessary that children committed to Central State Hospital be placed in quarters with adult patients; and
WHEREAS, it is universally recognized that this is an unhealthy and unwise practice if other facilities are available for the segregation of such patients; and
FRIDAY, MARCH 1, 1968
2455
WHEREAS, at the present time, there is available at Battey State Hospital sufficient space which might be utilized by the placing of such children at this facility.
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 thereto by the Speaker of the House. The com mittee shall make a thorough and exhaustive study into the advisability of employing existing space and facilities at Battey State Hospital for the purpose of treating mentally ill children. The committee shall make a report of its findings and recommendations as soon as possible, at which time it shall stand abolished. The members of the committee shall receive compensation, per diem, expenses and allowances author ized for members of interim legislative study committees. The funds necessary for the purpose of this Resolution shall come from funds appropriated and available to the legislative branch of the government.
HR 793. By Messrs. Henderson of the 102nd, Peterson of the 59th, Murphy of the 26th and others:
A RESOLUTION
Creating an interim study committee on teacher compensation, retirement and ancillary matters; and for other purposes.
WHEREAS, there is a need for a comprehensive study into the com pensation and retirement benefits and allowances for the public school teachers of this State; and
WHEREAS, there is a particular need that the General Assembly review exhaustively the salary index employed for the purpose of com pensating public school teachers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee on teacher salaries and retirement benefits to be composed of five members of the House of Representatives to be appointed thereto by the Speaker of the House. The committee shall make a thorough and exhaustive study into the compensation and retirement benefits and allowances being received by public school teachers of this State with particular emphasis on the teacher salary index employed by the State Department of Education. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time it shall stand abolished. The members of the committee shall receive compensation, per diem, expenses and allow ances authorized for members of interim legislative study committees. The funds necessary for the purpose of this Resolution shall come from funds appropriated and available to the legislative branch of govern ment.
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JOURNAL OF THE HOUSE,
HR 794. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th and others:
A RESOLUTION
Requesting the Constitutional Commission to investigate the feasi bility and possibility of assuring that the Pardons and Paroles Board will be composed of individuals qualified for such position; and for other purposes.
WHEREAS, the Governor did initiate, by instructions to the At torney General, an investigation of the activities of the State Board of Pardons and Paroles; and
WHEREAS, the Attorney General did make such an investigation and made a report of the same to the Governor and the General Assem bly, and hearings have been had in Committee on the recommendations of the Attorney General and a report thereof was filed in the General Assembly; and
WHEREAS, reform legislation has been prepared by the Governor and certain members of the General Assembly and such legislation has either been adopted, or is presently pending; and
WHEREAS, a Constitutional Commission is being created to pro pose a new Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Constitutional Commission be re quested to investigate the feasibility and possibility of assuring that the Pardons and Paroles Board will be composed of individuals quali
fied for such position.
HR 795. By Messrs. Douglas and Gay of the 60th, Underwood of the 61st and many others:
A RESOLUTION
Commending Honorable W. H. Lovett; and for other purposes.
WHEREAS, Honorable W. H. Lovett served as a member of the House of Representatives and Senate for over twenty-five years; and
WHEREAS, while he was in the General Assembly he emphasized that the State should take a conservative approach toward spending public funds and his views were respected by the other members of the House and Senate; and
WHEREAS, he served as Mayor of Dublin in 1952 and 1953; and
WHEREAS, he served on the State Board of Education, 1950-1957; and
FRIDAY, MARCH 1, 1968
2457
WHEREAS, he served as Chairman of the Sixth District Con gressional Executive Committee 1948-1952 and was re-elected for 19531954; and
WHEREAS, he served this State with honor and distinction and is to be commended for the outstanding service he has rendered to his State and community; and
WHEREAS, on March 10 of this year, he will be eighty-one years of age.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable W. H. Lovett is hereby com mended for his outstanding record of service and achievement and best wishes are hereby extended to him for a happy future.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to the Honorable W. H. Lovett.
Mr. Busbee of the 79th asked unanimous consent that the following Resolu tion of the House be withdrawn for further consideration:
HR 716-1518. By Mr. Busbee of the 79th: A Resolution proposing an amendment to the Constitution so as to create a committee composed of the Secretary of State, the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, the Attorney General and the President of the State Bar of Georgia, which shall nominate three nominees to fill any vacancy on the State Board of Pardons and Paroles; and for other purposes.
The consent was granted, and HR 716-1518 was withdrawn.
The following Resolutions of the House were read and referred to the com mittees :
HR 796. By Mr. Grier of the 132nd:
A RESOLUTION
Commending Dr. Martin Luther King, Jr.; and for other purposes.
WHEREAS, the State of Georgia is privileged to have living with in its boundaries one of the most accomplished men in the world; and
WHEREAS, Dr. Martin Luther King, Jr., is President and one of the founders of the Southern Christian Leadership Conference, an
2458
JOURNAL OF THE HOUSE,
organization devoted to the moral principles of a philosophy ol non violence; and
WHEREAS, Dr. Martin Luther King, Jr., received the Nobel Peace Prize Laureate in 1964 for his success for keeping his followers to the principles of nonviolence, and he was the third Negro, the twelfth American and the youngest person to receive the award since Alfred Nobel instituted it in 1895; and
WHEREAS, Dr. Martin Luther King, Jr., was named "Man of the Year" by Time Magazine in 1963, an honor that no other Negro has received since Haile Selassie was so honored in 1927; and
WHEREAS, in a poll conducted by Link Magazine, of New Delhi, India, Dr. Martin Luther King, Jr., ranked as one of the sixteen world leaders who had contributed most to the advancement of freedom during 1959; and
WHEREAS, in 1957, the Gallup Poll revealed that Dr. Martin Luther King, Jr., was one of the most admired religious leaders in the world, and in the same year, Time Magazine selected him as one of the ten most outstanding personalities of the year; he is also listed in Who's Who in America, and he has received more than 250 citations for his work in civil rights; and
WHEREAS, he attended the public schools in Atlanta, received his A.B. from Morehouse College, in 1948, he received his B.D. from Crozer Theological Seminary, Chester, Pennsylvania, in 1951; he studied at the University of Pennsylvania from 1950 through 1951; he studied at Harvard University from 1952-1953; he received his Ph.D. from Boston University in the field of Systematic Theology; and
WHEREAS, Dr. Martin Luther King, Jr., received more than twenty honorary degrees from colleges and universities:
Doctor of Humane Letters (L.H.D.), Morehouse College, 1957; Doctor of Divinity (D.D.), Chicago Theological Seminary of the
Federated Faculties of the University of Chicago, 1957; Doctor of Laws (L.L.D.), Morgan State College, 1958; Doctor of Humanities (L.H.D.), Central State College, 1958; Doctor of Divinity (D.D.), Boston University, 1959; Doctor of Laws (L.L.D.), Howard University, 1957; Doctor of Laws (L.L.D.), Lincoln University, 1961; Doctor of Laws (L.L.D.), University of Bridgeport, 1961;
FRIDAY, MARCH 1, 1968
2459
Doctor of Civil Laws, Bard College, 1962;
Doctor of Letters, Keuka College, 1963;
Doctor of Divinity (D.D.), Wesleyan College, 1964;
Doctor of Laws (L.L.D.), Jewish Theological Seminary, 1964;
Doctor of Laws (L.L.D.), Yale University, 1964;
Doctor of Divinity (D.D.), Springfield College, 1964;
Doctor of Laws (L.L.D.), Hofstra University, 1965;
Doctor of Humane Letters (L.H.D.), Oberlin College, 1965;
Doctor of Social Science, Amsterdam Free University, 1965;
Doctor of Laws (L.L.D.), St. Peter's College, 1965;
Doctor of Laws (L.L.D.), Grinnel College, 1967;
Doctor of Civil Law (L.L.D.), University of Newcastle Upon Tyne, 1967.
WHEREAS, he has authored at least six books, and he has traveled extensively in Europe, Asia, South America and Africa; he has lectured in more than 200 colleges and universities in the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends Dr. Martin Luther King, Jr., on his magnificent accomplishments.
BE IT FURTHER RESOLVED that the clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to Dr. Martin Luther King, Jr.
Referred to the Committee on Rules.
HR 797. By Messrs. Dailey of the 66th, Chandler of the 47th, Potts of the 33rd, Black of the 56th and Roach of the 15th:
A RESOLUTION
Creating an interim study committee to study the laws, rules and regulations governing the operation of the State Board of Pardons and Paroles; and for other purposes.
WHEREAS, the operation of the State Board of Pardons and Paroles has come under severe criticism in recent months; and
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JOURNAL OF THE HOUSE,
WHEREAS, a comprehensive report of the Attorney General pointed out many improvements that should be made concerning the operation of said Board; and
WHEREAS, the citizens of our State are greatly concerned as a result of the criticism that has been directed against said Board; and
WHEREAS, an exhaustive study should be made of the constitu tional provisions, laws, rules and regulations governing the operation of the State Board of Pardons and Paroles.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Pardons and Paroles Board Study Committee" which shall consist of six members of the House of Rep resentatives to be appointed by the Speaker of the House. Said Com mittee shall have the responsibility of making an exhaustive study of the constitutional provisions, laws, rules and regulations governing the operation of the State Board of Pardons and Paroles. In connection with making such study and carrying out its responsibilities, said Com mittee may examine similar laws, rules and regulations of other States and make such other studies as it deems necessary or desirable.
BE IT FURTHER RESOLVED that the members of the commit tee shall receive the expenses and travel allowances authorized by law for legislative 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 govern ment but shall receive same for not more than ten (10) days. Any other funds necessary to carry out the provisions of this resolution shall come from funds appropriate or available to the legislative branch of gov ernment.
BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations, which report shall be ac companied by such proposed legislation as may be recommended by said Committee to the General Assembly of Georgia at the 1969 session.
Referred to the Committee on State Institutions and Property.
HR 798. By Mr. Ward of the 2nd:
A RESOLUTION
Creating an interim committee to study all matters relating to the regulation of water well drillers; and for other purposes.
WHEREAS, a bill was introduced at the 1968 session of the Gen eral Assembly which would regulate water well drillers in the State of Georgia; and
WHEREAS, many members of the House of Representatives feel that the subject should be given thorough consideration and study be fore the enactment of legislation; and
FRIDAY, MARCH 1, 1968
2461
WHEREAS, many other States, including some of our neighboring States, have comprehensive laws regulating water well drillers to protect the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to study all matters relating to the regulation of water well drillers. Said committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House. Said committee shall have the responsibility of determining whether or not there is a need for legislation in the State of Georgia regulating water well drillers, and in connection therewith shall be authorized to examine the laws of the various other States and make such other studies as the committee shall deem necessary or desirable.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and travel allowances authorized by law for legislative 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 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.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which report shall be ac companied by such proposed legislation as may be recommended by said committee to the General Assembly of Georgia at the 1969 session.
Referred to the Committee on Natural Resources.
HR 799. By Mr. Chandler of the 47th:
A RESOLUTION
Creating a committee to study the advisability of the State estab lishing a motor pool; and for other purposes.
WHEREAS, Georgia law authorizes a small number of automo biles to be purchased for the use of State officials; and
WHEREAS, bills have been introduced applying such laws to other departments; and
WHEREAS, there have been suggestions that the State establish a motor pool wherein automobiles would be maintained for use by all State departments; and
WHEREAS, it would be highly advantageous for the members of this body to receive information concerning this idea.
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JOURNAL OP THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of studying the advisability and feasibility of the State establishing a motor pool wherein automobiles would be maintained for the use of the various State departments and agencies. The com mittee shall study the laws of other states and the administration thereof in connection with the primary purpose of this study, and is authorized to conduct hearings, if deemed advisable. All officials and employees of all State departments and agencies shall cooperate with the committee. The committee shall conduct its study jointly with any Senate committee which is created for this purpose. The members of the committee shall receive the allowances authorized for legislative mem bers of interim legislative committees. The committee shall make a re port of its findings and recommendations on or before December 1, 1968, on which date the committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of government.
Referred to the Committee on State Institutions and Property.
HR 800. By Messrs. McDaniell of the 101st, Williams of the 16th and Busbee of the 79th:
A RESOLUTION
Creating an interim study committee on driver education; and for other purposes.
WHEREAS, under the 1966 Highway Safety Act, recently enacted by the United States Congress, the various states are required to devise a comprehensive traffic safety program; and
WHEREAS, under such legislation, such plans are to be submitted to the Department of Transportation for their approval; and
WHEREAS, a portion of such legislation states that unless a state's comprehensive plan contains an acceptable plan whereby driver education courses shall be made available to eligible high school students, a state's plan shall not be approved by the Department of Transporta tion ; and
WHEREAS, unless an individual state's comprehensive plan is approved, the Federal legislation provides for a penalty in the nature of the withholding of Federal highway funds.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be composed of three members of the House of Repre sentatives, to be appointed by the Speaker thereof. The Committee shall make an exhaustive and comprehensive study into the means by which an effective program of driver education might be devised for the State of Georgia in order that Georgia might comply with the Highway
FRIDAY, MARCH 1, 1968
2463
Safety Act of 1966. The Committee shall make a report of its recom mendations and findings to the 1969 session of the General Assembly, at which time it shall stand abolished.
Referred to the Committee on Motor Vehicles.
HE 801. By Messrs. Adams of the 125th, Games of the 129th, Dillon of the 128th, Cox of the 127th, Northcutt of the 35th and many, many others:
A RESOLUTION
Creating an interim study committee to study all matters relating to the regulation of cemeteries; and for other purposes.
WHEREAS, it has come to the attention of many members of the House of Representatives that privately owned cemeteries in this State may be in need of regulation; and
WHEREAS, many such cemeteries are not properly maintained and are in a run-down condition; and
WHEREAS, even though some such privately owned cemeteries charge for perpetual care, such care is not provided; and
WHEREAS, many other States, including some of our neighboring States, have comprehensive laws to insure that purchasers of cemetery plots are properly protected; and
WHEREAS, the subject of the regulation of cemeteries should be thoroughly studied by the General Assembly; and
WHEREAS, remedial legislation should be enacted if such study demonstrates the need therefor.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to study all matters relating to the regulation of cemeteries. Said committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House. Said committee shall have the responsibility of determining whether or not there is a need for legislation in the State of Georgia regulating the operation of cemeteries, and in connection therewith shall be authorized to examine the laws of various other States and make such other studies as the committee shall deem necessary or desirable.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and travel allowances authorized by law for legislative 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 same for not more than ten (10) days. Any other funds necessary to carry out the provisions of this resolution shall
2464
JOURNAL OF THE HOUSE,
come from funds appropriated or available to the legislative branch of government.
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 may be recommended by said committee to the General Assembly of Georgia at the 1969 session.
Referred to the Committee on Natural Resources.
HR 802. By Messrs. Turner of the 123rd, Brown of the 34th, Williams of the 16th, Gates of the 123rd and others:
A RESOLUTION
Creating an interim committee to study the feasibility of estab lishing a Georgia Housing Administration; and for other purposes.
WHEREAS, the need for better housing in Georgia is enormous; and
WHEREAS, the housing industry represents a large segment of the long-term capital investments in the United States; and
WHEREAS, the state can participate in the housing industry by creating a state agency with similar aims and objectives to the Federal Housing Administration; and
WHEREAS, the retirement and pension funds in the State of Georgia can probably be utilized to the fullest extent by working with a state agency similar to the FHA; and
WHEREAS, a committee was created in 1962 by Senate Resolution 102 to study the feasibility of establishing a Georgia Housing Adminis tration; and
WHEREAS, the committee in 1962 found that there was a desperate need for housing for our citizens not being met by the Federal Housing Administration because FHA property standards required improvements which made the overall cost excessive and beyond the means of many citizens; and
WHEREAS, said committee in 1962 recommended that this subject be further studied; and
WHEREAS, this body believes that the State of Georgia has an obligation to the citizens of this State to exercise all of its power to insure adequate housing and financing thereof under reasonable terms; and
FRIDAY, MARCH 1, 1968
2465
WHEREAS, the General Assembly recently evidenced its belief that a study should be conducted to pursue the recommendations sug gested by the 1962 committee and to further explore the idea of creating a state agency to supplement in the insuring and financing field of the home building industry; and
WHEREAS, this body now believes that this study should be con tinued.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of seven members to be appointed by the Speaker of the House of Representatives.
The committee shall be authorized to investigate the feasibility of creating a Georgia Housing Administration. 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 pur poses of this Resolution. 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, recommendations, and suggestions for proposed legislation, if any, on or before December 1, 1968. 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 the government.
Referred to the Committee on State of Republic.
HR 803. By Mr. Dorminy of the 72nd:
A RESOLUTION
Creating an interim study committee to study matters relating to the transportation of forest products; and for other purposes.
WHEREAS, the problem relative to transporting forest products safely is becoming increasingly complex; and
WHEREAS, the members of this body are in need of information in order that they may vote more intelligently on legislation relative to transporting forest products safely.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Transportation of Forest Products Study Committee" which shall consist of seven members of the House of Representatives, appointed by the Speaker thereof. Said Committee shall study the methods for safe transportation of forest products
2466
JOURNAL OF THE HOUSE,
from the woods to concentration points in this State. The Committee shall also study loading, weights and safe binding procedures for all types of log loading and all types of equipment used in loading, un loading and transporting forest products.
BE IT FURTHER RESOLVED that the Committee is authorized to secure advice, counsel and pertinent data from the forest industries, equipment suppliers, the Georgia Forest Commission, The Georgia For est Research Council, the School of Forest Resources of the University of Georgia, and from such other sources as may be available.
BE IT FURTHER RESOLVED that the members of the Commit tee shall receive the expenses and allowances for ten (10) days au thorized to legislative members of interim legislative committees. Such expenses and allowances shall be paid from funds appropriated or made available to the legislative branch of government. Any other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or made available to the legislative branch of government. The committee shall make a report of its find ings and recommendations with any legislation that is deemed desirable to the 1969 session of the General Assembly, at which time said Com mittee shall stand abolished.
Referred to the Committee on Natural Resources.
HR 804. By Messrs. Moore of the 20th, Cook of the 123rd, Snow of the 1st and others:
A RESOLUTION
Authorizing the creation of an Interim Committee to study the merit of basing the distribution of state grants to municipalities on standards of population, factors of economy, standards of services per formed, and other factors; and for other purposes.
WHEREAS, state grants to municipalities constitute an important revenue source for municipalities; and
WHEREAS, state grant funds are presently distributed upon the basis of population; and
WHEREAS, it is desirable to review the standards for distributing state grant funds and the relationship of such standards to municipal needs; and
WHEREAS, it is desirable to study the feasibility of incorporating additional standards, such as, factors of economy, standards of services performed, etc., in basing the distribution of state grants to munici palities; and
WHEREAS, it is desirable to evaluate the merit of establishing factors other than population in distributing state grant funds to municipalities.
FRIDAY, MARCH 1, 1968
2467
NOW, THEREFORE BE IT RESOLVED BY THE GEORGIA HOUSE OF REPRESENTATIVES that there is hereby created a State Grant to Municipalities Study Committee to be composed of seven mem bers of the house appointed by the Speaker of the House. The chairman of the committee shall be appointed by the Speaker of the House.
The Committee shall conduct a study of the merit of basing the distribution of state grants to municipalities on factors other than population. The Committee shall consider the merit of utilizing stand ards of population, factors of economy, standards of services performed, and other factors in distributing state grants to municipalities. The Committee shall ascertain the existing standards for distributing state grant funds and the relationship of such standards to municipal needs. The Committee shall hold such meetings at such times and at such places as necessary to conduct its study. It 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 ac complish the objectives and purposes of this resolution. The members of the Committee shall receive the same expense, mileage and travel allowances authorized for legislative members of interim legislative committees.
The Committee shall make its report, including any recommenda tions for legislation, to the General Assembly not later than the second Monday of January, 1969. The funds necessary to carry out the pur poses of this resolution shall come from funds appropriated to or available to the legislative branch of the government.
Referred to the Committee on Rules.
By unanimous consent, the following Bills of the House were recommitted to the Committee on Local Affairs for further study:
HB 1530. By Messrs. Smith of the 114th, Whaley and Tye of the 115th, Berry and Gignilliat of the 113th and Battle of the 116th:
A Bill to be entitled an Act to establish the Local Government Tax Commission of Chatham County and the Municipalities of Chatham County; and for other purposes.
HB 1609. By Messrs. Cook of the 123rd, Townsend of the 140th, Carnes of the 129th, Lambros of the 130th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits of said city; and for other purposes.
Mr. Howard of the 101st asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
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JOURNAL OP THE HOUSE,
HB 1197. By Mr. Howard of the 101st:
A Bill to be entitled an Act to amend an Act providing for a tax on certain deeds, instruments, or writings transferring real estate; and for other purposes.
The consent was granted, and HB 1197 was reconsidered.
Mr. Vaughn of the 117th 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 982. By Messrs. Vaughn of the 117th, Wood of the 16th, Colwell of the 5th and others:
A Bill to be entitled an Act to amend Code Section 92-1403, so as to increase the excise tax imposed on all distributors of motor fuel; and for other purposes.
There was objection.
Mr. Vaughn of the 117th moved that the House reconsider its action in failing to give HB 982 the requisite constitutional majority.
On the motion, the ayes were 89, nays 31.
The motion prevailed, and HB 982 was reconsidered.
Mr. Barber of the 24th 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 1423. By Messrs. Barber of the 24th, Stalnaker of the 59th, Wells of the 30th, Lewis of the 50th and others: A Bill to be entitled an Act to provide for tenure salary and compen sation for those elective officers the election of which is provided for by Articles IV and V of the Georgia Constitution of 1945; and for other purposes.
There was objection.
Mr. Barber of the 24th moved that the House reconsider its action in failing to give HB 1423 the requisite constitutional majority.
FRIDAY, MARCH 1, 1968
2469
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Barber Black Brantley, H. H. Brantley, H. L. Busbee Caldwell Cheeks Collins, J. P. Collins, M. Cooper, B. Cooper, J. R. Dailey Dean DeLong Dodson Douglas Edwards Egan Fleming Funk Gary Gay Gaynor Grahl Graves Gunter
Hale Hall Henderson
Holder Howell Hutchinson Johnson, A. S. Joiner Kirksey Knapp Laite Lambert Lee, W. J. (Bill) Lee, W. S. Lewis Lovell Mauldin McCracken Miller Mixon Moate Murphy Nessmith Newton Northcutt Otwell
Parker, C. A. Parrish Phillips Poss Ragland Rainey Reaves Roach Ross Rowland Savage Scarlett Shanahan Sherman Shuman Simmons Smith, V. T. Starnes Steis Town send Underwood Walling Wamble Wiggins Williams Wood
Those voting in the negative were Messrs.:
Adams Alexander Anderson Battle Bennett Berry, C. E. Berry, J. K. Bostick Branch Brown, B. D. Buck Carnes Cato Clarke Cole Cook Crowe, William Daugherty Da vis Dent
Dickinson Dillon Dixon Dorminy Farrar Gignilliat Grier Hamilton Hargrett Harris, J. F. Harris, J. R. Harrison Higginbotham Hill Hood Howard Jenkins Johnson, B. Jones, M. Jordan, G.
Kaylor Land Lane, Dick Leonard Lowrey Magoon Malone Mason McClatchey McDaniell Merritt Moore, J. H, Nimmer Pafford Palmer Potts Richardson Rush Shields Smith, G. W.
2470
Smith, J. R. Smith, W. L. Stalnaker Sweat Thompson, R.
JOURNAL OF THE HOUSE,
Threadgill Tucker Turner Vaughan, D. N. Vaughn, C. R.
Westlake Whaley Wilson, J. M. Winkles
Those not voting were Messrs.:
Ballard Barfield Blalock Bond Bowen Bray Brown, C. Gates Chandler Colwell Conner Cox Crowe, W. J. Dollar Doster Fallin Farmer Floyd
Hadaway Harrington Harris, R. W. Jones, C. M. Jordan, W. H. Lambros Lane, W. J. Leggett Levitas Longino Matthews, C. Matthews, D. R. Maxwell Melton Moore, Don C. Moreland Mullinax Nash
Odom Oglesby Paris Parker, H. W. Peterson Pickard Russell Sims Snow Sullivan Thompson, A. W. Tye Ward Ware Wells Wilson, R. W. Mr. Speaker
On the motion, the ayes were 78, nays 74.
The motion prevailed, and HB 1432 was reconsidered.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 948. By Messrs. Palmer and Malone of the 117th: A Bill to be entitled an Act to amend Code Section 58-210, relating to the seizure, destruction and disposition of certain raw materials and substances used in the unlawful manufacture of alcoholic beverages, so as to declare as contraband certain fixtures, implements and ap paratuses used in the manufacture of alcoholic beverages; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 58-210, relating to the seizure, destruction and disposition of certain raw materials and
FRIDAY, MARCH 1, 1968
2471
substances used in the unlawful manufacture of alcoholic beverages, so as to declare as contraband certain fixtures, implements and appara tuses used in the manufacture of alcoholic beverages; to provide for the destruction and disposition of such fixtures, implements and appara tuses; to provide the procedure connected therewith; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 58-210, relating to the seizure, destruction and disposi tion of certain raw materials and substances used in the unlawful manufacture of alcoholic beverages, is hereby amended by striking in its entirety said Code Section and substituting in lieu thereof a new Code Section to read as follows:
"58-210. Any raw materials or substances, including but not being limited to sugar of any grade or type, and any fixture, implement or apparatus intended for use in the unlawful distilling or manufacturing of any alcoholic, spiritous, vinous or malt bever age are declared to be contraband, and no corporation, firm or in dividual shall have any property right in or to the same, and whenever any such raw materials, substances, fixture, implement or apparatus so used or about to be used shall be found or discovered, whether in transit, in storage, or at a site of such unlawful distil lation or manufacture, by any sheriff, deputy sheriff, revenue agent or any other law enforcement officer, the same are declared forfeited and shall be subject to the following dispositions, or any
of them:
(1) Such raw materials, substances, fixtures, implements or apparatuses, whenever found or discovered at a site of unlawful distillation or manufacture as described herein, may be summarily destroyed and rendered useless by any of the officers herein named without any formal order of the court or, in the: i event any such raw materials or substances shall be fit for human consumption, or if any such fixture, implement or apparatus shall be of any beneficial use to the educational authorities of the county for use in any of their educational programs, the same may be delivered to the public schools of the county in which seized for use thereby. When any of the foregoing items shall be delivered to a public school system, the officer delivering the same shall obtain from the appropriate school authorities an itemized receipt detailing all such items delivered to the system. In the event any of the fore going items shall be destroyed by any such law enforcement officer, he shall execute an affidavit of such fact in which he shall list all such items destroyed by him. The receipts and affidavits shall be maintained by such officer and shall be open to inspection by the public upon request.
(2) Such raw materials, substances, fixtures, implements or apparatuses, whenever found or discovered in transit or in storage,
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JOURNAL OP THE HOUSE,
by any of the officers named herein, shall be seized by said officer and the procedures of notice, condemnation and sale, provided in Code Section 58-207, applicable to vehicles and conveyances, shall
be followed."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Blalock Bond Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Cato Chandler Cheeks Clarke Cole Collins, M. Conner Cook Cooper, B. Crowe, William Dailey Daugherty
Dean DeLong Dent Dillon Dixon Dodson Dollar Douglas Egan Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill Holder Hood Howard
Howell Hutchinson Johnson, A. S. Johnson, B. Joiner, F. A. Jones, C. M. Jordan, G. Knapp Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy
Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Potts Rainey Reaves
FRIDAY, MARCH 1, 1968
Richardson Roach Ross Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons Smith, G. W. Smith, J. R. Smith, W. L. Stalnaker Starnes Steis Sweat
2473
Thompson, A. W. Thompson, R. Threadgill Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Whaley Wiggins Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Black Kaylor
Kirksey
Rowland
Those not voting were Messrs.:
Barfield Bennett Bostick Gates Collins, J. P. Colwell Cooper, J. R. Cox Crowe, W. J. Da vis Dickinson Dorminy Doster Edwards Fallin Farmer
Grier Hadaway Hall Higginbotham Jenkins Jones, M. Jordan, W. H. Laite Lambros Land Lane, W. J. Leonard Levitas Longino Matthews Melton
Moore, J. H. Nash Pickard Poss Ragland Shuman Sims Smith, V. T. Snow Sullivan Townsend Wells Westlake Williams Winkles Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 153, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1217. By Mr. Hale of the 1st:
A Bill to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commissions, so as
2474
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to remove restrictions which limit the appointment of public officials to planning commissions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1332. By Mr. Matthews of the 94th: A Bill to require each private seed testing laboratory which tests seeds for others or which tests seeds to be offered for public sale to obtain a license from the Georgia Department of Agriculture before operating in the State of Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1333. By Mr. Matthews of the 94th:
A Bill to amend Code Chapter 42-2, so as to eliminate inspection fees for concentrated commercial feeding stuffs; to eliminate the reporting of tonnage of concentrated commercial feeding stuffs for tax purposes; to eliminate the payment of inspection fees; to eliminate the penalty for making false reports; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 1, 1968
2475
HB 1334. By Mr. Matthews of the 94th:
A Bill to repeal an Act entitled "An Act to authorize the Commissioner of Agriculture to determine, establish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State;" and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1375. By Mr. Barber of the 24th:
A Bill to provide that no person shall enter into any contract or make any purchase which involves the aggregate sum of one hundred ($100.00) dollars or more for or on behalf of students of any school or institution supported in whole or in part from public funds unless such person complies with the rules and regulations prescribed by the supervisor of purchases for making purchases for State agencies; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1377. By Messrs. Williams, Cooper and Wood of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Lake Lanier Islands Development Authority", so as to define the words "Act" and "Islands"; to authorize the Lake Lanier Islands Development Authority to acquire and dispose of real and personal property; to authorize said Authority to charge and collect fares and rentals; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2476
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 725-1550. By Messrs. Smith of the 54th, Busbee of the 79th, Hale of the 1st, Lambert of the 38th and Jones of the 76th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for an independent General Assembly by electing the members thereof for four year terms at a different General Election from the one at which the Governor is elected; to provide for the submission of this amend ment for ratification or rejection; to repeal a specific resolution pro posing an amendment to the Constitution; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article III, Section IV of the Constitution is hereby amended by striking Paragraphs I and II in their entirety and inserting in lieu thereof new Paragraphs I and II to read as follows:
"Paragraph I. Terms of members. The members of the General Assembly shall be elected for four years, and shall serve until the time fixed by law for the convening of the General As sembly in regular session in the year following the fourth year of their term of office.
"Paragraph II. Election, when. The first election for mem bers of the General Assembly under the provisions of Paragraph I of this Section shall take place on Tuesday after the first Monday in November, 1968, and subsequent elections shall be held quadren nially on Tuesday after the first Monday in November. Candidates elected to membership in the General Assembly at the November election in 1968 shall take office upon the convening of the Gen eral Assembly in regular session in 1969 and shall serve for the term provided for in Paragraph I of this Section."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
FRIDAY, MARCH 1, 1968
2477
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to pro vide for an independent General Assembly by
NO ( ) electing the members thereof for four year terms at a different General Election from the one at which the Governor is elected?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All person 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.
SECTION 3
A Resolution proposing an amendment to the Constitution so as to provide for four year terms for members of the General Assembly, approved April 14, 1967 (Ga. Laws 1967, p. 956), is hereby repealed in its entirety.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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 Battle Berry, C. E. Berry, J. K. Black Blalock Bond 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 Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Da vis Dean DeLong Dent
2478
JOURNAL OF THE HOUSE,
Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Tallin Farmer Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson 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) Lee, W. S. Leggett Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts
Rainey Reaves Richardson Roach 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 Thompson, A. W. Threadgill Townsend Tucker Turner 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 voting in the negative were Messrs.:
Gignilliat Harris, J. R.
Harris, R. W. Laite
Thompson, R. Whaley
Those not voting were Messrs.:
Barfield Bennett
Bostick Conner
Crowe, W. J. Egan
Farrar Hadaway Jordan, W. H. Leonard Levitas
FRIDAY, MARCH 1, 1968
2479
Longino Moate Odom Paris Pickard
Ragland Ross Mr. Speaker
On the adoption of the Resolution, the ayes were 180, nays 6.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Levitas of the 118th stated that he had been called from the floor of the House when the roll was called on HR 725-1550, but had he been present would have voted "nay".
Messrs. Berry of the 113th and Palmer of the 117th stated that they had inadvertently voted "aye" but intended to vote "nay" on HR 725-1550.
HR 525-1114. By Mr. Harrison of the 98th:
A Resolution designating Georgia State Routes 40 and 23 and 121 from Interstate 95 through Folkston to the Florida Line as the Okefenokee Parkway; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 111, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 715-1515. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st: A Resolution authorizing the conveyance of certain real property in Wayne County, Georgia, in exchange for certain other real property located in Wayne County, Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
2480
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 608-1295. By Messrs. Parker of the 68th, Harrison of the 98th, Hutchinson of the 79th, Northcutt of the 35th, Rush of the 75th, Hall of the 67th and Barber of the 24th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law increases in the retirement allow ances now being paid to all beneficiaries under the Teachers Retirement System of Georgia, without respect to date of retirement, provided such increases shall be in keeping with the actuarial soundness of the System; to authorize the General Assembly to require by law that the Board of Trustees of the Teachers Retirement System of Georgia shall make avail able semi-annually to the retirement system for the financing of such increases such funds as the income of the retirement system will allow; to authorize the General Assembly to empower the budget bureau by law to make available to the retirement system from State funds a sufficient sum to finance such increases if the funds of the retirement system are not sufficient for such purpose, provided, however, that the contribution of State funds shall be reduced as funds made available from the income of the retirement system increase; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph II of the Constitution hereby is amended by adding at the end thereof a new paragraph to read as follows:
"The General Assembly hereby is authorized to provide by law increases in the retirement allowances now being paid to all bene ficiaries under the Teachers Retirement System of Georgia, with out respect to date of retirement, provided such increases shall be in keeping with the actuarial soundness of the System. The General Assembly hereby is authorized to require that the Board of Trust ees of the Teachers Retirement System of Georgia shall make available semi-annually to the retirement system for the financing of such increases such funds as the income of the retirement sys tem will allow. If such funds are not sufficient to finance such increases, The General Assembly hereby is authorized to empower the budget bureau by law to make available to the retirement sys tem from State funds a sufficient sum to finance such increases, if the funds of the retirement system are not sufficient for such pur-
FRIDAY, MARCH 1, 1968
2481
pose, provided, however, that the contribution of State funds shall be reduced as funds made available from the income of the retire ment system increase."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals, with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law increases in the retirement allowances now being paid to all bene-
NO ( ) ficiaries under the Teachers Retirement System of Georgia, without respect to date of retirement, pro vided such increases shall be in keeping with the actuarial soundness of the System; to authorize the General Assembly to provide by law that the Trustees of the Teachers Retirement System of Georgia shall make available semi-annually to the retirement sys tem for the financing of such increases such funds as the income of the retirement system will allow; to authorize the General Assembly to empower the bud get bureau by law to make available to the retirement system from State funds a sufficient amount to fin ance such increases, if the funds of the retirement system are not sufficient for such purpose, provided, however that the contribution of State funds shall be reduced as funds made available from the income of the retirement system increase?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against rati fying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
2482
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Carnes Cates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Douglas Edwards Fallin Farmer Funk Gary
Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Kaylor Kirksey
Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin
Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Nash Nessmith Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parrish Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker
Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Tucker
FRIDAY, MARCH 1, 1968
Turner Tye Underwood Vaughan, D. N. Wamble Ward Wells Westlake
2483
Whaley Wiggins Williams Wilson, J. M. Wilson, E. W. Winkles Wood
Those not voting were Messrs.:
Bennett Bostick Bowen Busbee Cook Cox Crowe, W. J. Dean DeLong Doster Egan
Farrar Fleming Floyd Hale Higginbotham Hill Howell Jordan, G. Jordan, W. H. Longino Murphy
Newton Paris Parker, H. W. Pickard Smith, J. R. Townsend Vaughn, C. R. Walling Ware Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
By unanimous consent, HR 608-1295 was ordered immediately transmitted to the Senate.
Mr. Rush of the 75th stated that he had been called from the floor of the House when the roll was called on HR 608-1295, but had he been present would have voted "aye".
HB 1340. By Messrs. Smith of the 114th, Berry of the 113th, Funk of the 116th, Gaynor of the 114th and others: A Bill to be entitled an Act to amend Code Section 24-2715, so as to permit clerks of the superior courts and clerks of the city courts to microfilm certain matters; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act To amend Code Section 24-2715, relating to additional duties of clerks of superior courts and duties of clerks of city
2484
JOURNAL OF THE HOUSE,
courts, as amended by an Act approved March 7, 1961 (Ga. Laws 1961, p. 116), an Act approved March 22, 1963 (Ga. Laws 1963, p. 188), and an Act approved March 11, 1964 (Ga. Laws 1964, p. 412), so as to permit clerks of the superior courts and clerks of the city courts to microfilm certain matters; to require the said clerks to make available a machine for reading such microfilmed matters in the event they choose to use the microfilming process; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 24-2715, relating to additional duties of clerks of sup erior courts and duties of clerks of city courts, as amended by an Act approved March 7, 1961 (Ga. Laws 1961, p. 116), an Act approved March 22, 1963 (Ga. Laws 1963, p. 188), and an Act approved March 11, 1964 (Ga. Laws 1964, p. 412), is hereby amended by striking from Sub-section 1 the following:
"1. To record in well-bound books, within six months after the final determination of any civil suit, all the proceedings relating thereto.",
and inserting in lieu thereof the following:
"1. To record in well-bound books, or microfilm, within six months after the final determination of any civil suit, all the pro ceedings relating thereto. Provided, however, in the event any said clerk shall elect to microfilm proceedings, he shall make available a machine for reading and reproducing such microfilmed matters."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read and adopted:
Mr. Berry of the 113th and Mr. Gaynor of the 114th moves to amend the Committee substitute to HB 1340 as follows:
By inserting the words "and reproducing" between the words "reading" and "such" in line 7 of the caption; and by deleting the word "said" from line 3 of Section 1.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
FRIDAY, MARCH 1, 1968
2485
On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 920. 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 sixty-five years of age or over; and for other purposes.
The following amendment was read and adopted:
Mr. Rush of the 75th, moves to amend House Bill No. 920, as follows:
By striking therefrom wherever the same shall appear the follow ing:
"Provided further, however, that any Solicitor-General emeritus who is sixty-five (65) years of age or over shall be paid a minimum salary of four thousand eight hundred dollars ($4,800.00) per annum, to be paid in equal monthly installments, regardless of the amount which he would be entitled to based on the two-thirds formula.",
and substituting in lieu thereof the following:
"Notwithstanding the foregoing provisions to the contrary, the salary payable to any solicitor general under the provisions of this Act who is now sixty-five (65) years of age or older shall not be less than forty-eight hundred ($4,800.00) dollars per annum."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Barber Battle
Bennett Berry, C. E. Black
Bostick Bowen Branch
2486
Brantley, H. L. Brown, C. Buck Caldwell Carnes Gates Cheeks Clarke Collins, J. F. Colwell Cooper, B. Cox Crowe, William Dailey DeLong Dent Dillon Dixon Dodson Dollar Douglas Edwards Farmer Floyd Funk Gay Graves Gunter Hall Harris, J. F. Harris, J. R.
Harrison
Henderson
Higginbotham
JOURNAL OF THE HOUSE,
Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Land Lane, W. J. Leonard Lovell Lowrey Magoon Mason Matthews, C. Matthews, D. R. McDaniell Melton Merritt Miller Mixon Moate Moore, Don C.
Moreland
Murphy
Nash
Nessmith Newton Nimmer Oglesby Otwell Paris Parker, C. A. Parrish Poss Reaves Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shields Smith, W. L. Starnes Steis Sweat Thompson, R. Threadgill Tye Underwood Vaughan, D. N. Wamble Ward Wells
Whaley
Wilson, J. M.
Those voting in the negative were Messrs.:
Adams Alexander Anderson Berry, J. K. Bond Brantley, H. H. Bray Brown, B. D. Cato Cole Daugherty Dickinson Dorminy Gary Gaynor
Gignilliat Grahl Grier Hadaway Hamilton Harris, R. W. Jones, M. Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lewis Malone Mauldin McClatchey Mullinax
Northcutt Odom Pafford Palmer Potts Richardson Sims Smith, V. T. Thompson, A. W. Tucker Turner Westlake Wiggins Wilson, R. W. Winkles
FRIDAY, MARCH 1, 1968
Those not voting were Messrs.:
Barfield Blalock Busbee Chandler Collins, M. Conner
Cook Cooper, J. R. Crowe, W. J. Davis Dean
Doster Egan Fallin
Farrar Fleming Hale
Hargrett Harrington Hill Hood Jordan, W. H. Lambros
Leggett Levitas Longino Maxwell McCracken
Moore, J. H. Parker, H. W. Peterson
Phillips Pickard Ragland
2487
Rainey Sherman Shunian Simmons Smith, G. W. Smith, J. R. Snow Stalnaker Sullivan Townsend Vaughn, C. R. Walling Ware Williams Wood Mr. Speaker
On the passage of the Bill, as amended, the ayes were 110, nays 45.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 920 was ordered immediately transmitted to the Senate.
Mr. Rush of the 75th arose to a point of personal privilege and addressed the House.
Under the general order of business established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time:
HB 1479. By Messrs. Barfield of the 95th, Johnson of the 40th, Harris of the 14th, Cole of the 3rd, Ross of the 31st, Leonard of the 3rd and others: A Bill to be entitled an Act to provide for the establishment of standards of construction for manufactured homes; and for other purposes.
The following Committee substitute was read and lost:
A BILL
To be entitled An Act to provide for the establishment of standards of construction for factory manufactured movable homes; to provide for
2488
JOURNAL OF THE HOUSE,
a short title; to provide certain definitions; to require compliance with the standards of construction as a condition precedent to the selling of or offering to sell any new factory manufactured movable homes for use in this State; to require manufacturers and dealers engaged in sell ing new factory manufactured movable homes in this State to be licensed; to provide for reciprocity with other states; to provide for license and fees; to provide for the administration, inspection and col lection of records and statistics; to provide for the enforcement of this Act; to provide for penalties; to provide a severability clause; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Short Title. This Act shall be known and may be cited as "The Uniform Standards Code for Factory Manufactured Movable Homes Act".
Section 2. Definitions. Unless clearly indicated otherwise by the context, the following words when used in this Act, for the purpose of
this Act, shall have the meanings respectively ascribed to them in this section:
(a) "Mobile Home" means a movable or portable dwelling over 32 feet in length and over 8 feet wide, constructed to be towed on its own chassis, connected to utilities and designed without a per manent foundation for year-round occupancy, which can consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two or more units separately towable but designed to be joined into one integral unit.
(b) "Relocatable Home" means a movable or portable dwelling over 32 feet in length and over 8 feet wide, designed and constructed without carriage or hitch, as stationary house construction for placement upon permanent foundations, to be connected to utilities, for year-round occupancy. It is capable of being separated from its foundation and utilities and relocated. It can consist of one or more components that can be retracted when transported and subsequent ly expanded for additional capacity, or of two or more units separ
ately transportable but designed to be joined into one integral unit.
(c) "Factory Manufactured Movable Home" means and in cludes a mobile home and a relocatable home as of those terms are defined herein.
(d) "Commissioner" means the Georgia Safety Fire Commis sioner.
Section 3. Statement of Policy; Rule Making Power, (a) Factory manufactured movable homes, because of the manner of their construc
tion, assembly and use and that of their systems, components and ap pliances (including heating, plumbing and electrical systems) like other finished products having concealed vital parts may present hazards to
FRIDAY, MARCH 1, 1968
2489
the health, life and safety of persons and to the safety of property un less properly manufactured. In the sale of factory manufactured mov able homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards, and for that purpose to forbid the manufacture and sale of new factory manufactured movable homes which are not so constructed as to provide reasonable safety and protection to their owners and users.
(b) The Georgia Safety Fire Commissioner is hereby authorized and directed to investigate and examine into engineering and construc tion practices and techniques, the properties of construction materials used in the construction and assembly of factory manufactured movable homes, their electrical, plumbing, heating and other systems and ap pliances; fire prevention and protective techniques and measures to promote safety of persons and property and protect the health of users of such factory manufactured movable homes. The Commissioner is au thorized and empowered to promulgate rules and regulations embody ing the fundamental principles adopted, recommended, or issued as USA Standard A1119.1 and amended from time to time by the United States of America Standards Institute (USASI), successor to the American Standards Association (ASA) applicable to factory manufactured mov able homes as defined herein.
(c) The Commissioner is also authorized and empowered to issue and promulgate all rules and procedures which in his judgment are necessary and desirable to make effective the construction standards so established.
Section 4. Compliance with Commissioner's Rules. No person may manufacture, sell, or offer for sale any factory manufactured movable home which has been constructed more than six (6) months after the effective date of this Act, unless such manufactured home, its com ponents, systems and appliances have been constructed and assembled in accordance with rules of the Commissioner issued to afford reason able protection to persons and property with respect to the construction, assembly and sale of such factory manufactured movable homes, and unless compliance with such rules be evidenced in the manner required by the Commissioner's rules.
Section 5. License, (a) Every manufacturer and every dealer who sells new factory manufactured movable homes within the State of Geor gia shall apply for and obtain license within six months after the effec tive date of this Act to sell to licensed dealers or to the public of this State and shall certify in the application that the applicant will comply with the Construction Standards set forth under rules and regulations provided in Section 3 herein.
(b) Applications will be obtained from and submitted to the Com missioner.
(c) The original license fee shall be ten ($10.00) dollars per manu facturing plant and dealer location in the State of Georgia and the rene wal fee shall be ten ($10.00) dollars per annum. The license shall be
2490
JOURNAL OF THE HOUSE,
valid from January 1st through December 31st of the year in which it was issued or until revoked as provided herein.
(d) Every manufacturer or dealer who first sells a new factory manufactured movable home in this State, beginning six months after the effective date of this Act shall, before such sale, pay to the Com missioner a fee of three ($3.00) dollars per each factory manufactured movable home in such manner as the Commissioner may by rule require to cover the costs of inspection and certificate, seal or other evidence of compliance.
Section 6. Reciprocity. In the issuance of rules and regulations hereon, the Commissioner may provide appropriate exemption or excep tion with respect to factory manufactured movable homes produced in other states, upon his determining that the applicable rules and codes of such state of manufacture provide safeguards equally effective to those otherwise applicable under this Act and rules made pursuant thereto.
Section 7. Administration of Act. The Commissioner is hereby charged with the administration of this Act. He may make and amend, alter or repeal, general rules and regulations of procedure for carrying into effect all provisions of this Act, for obtaining statistical data re specting factory manufactured movable homes, and to prescribe means, methods and practices to make effective such provisions and he may make such investigations and inspection as in his judgment are neces sary to enforce and administer this Act.
Section 8. Enforcement. No person may interfere, obstruct or hinder an authorized representative of the Commissioner who displays proper Department credentials in the performance of his duties as set forth in the provisions of this Act.
Section 9. Penalties. Any person violating any of the provisions of this Act, or of said rules and regulations made hereunder shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor.
Section 10. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner 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 unconstitu tional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
The following substitute, offered by Mr. Johnson of the 40th, was read and adopted:
FRIDAY, MARCH 1, 1968
2491
A BILL
To be entitled an Act To provide for the establishment of standards of construction for factory manufactured movable homes; to provide for a short title; to provide certain definitions; to require compliance with the standards of construction as a condition precedent to the selling of or offering to sell any new factory manufactured movable homes for use in this State; to require manufacturers and dealers engaged in selling new factory manufactured movable homes in this State to be licensed; to provide for reciprocity with other states; to provide for license and fees; to provide for the administration, inspection and collection of re cords and statistics; to provide for the enforcement of this Act; to pro vide for penalties; to provide a severability clause; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Short Title. This Act shall be known and may be cited as "Ths Uniform Standards Code for Factory Manufactured Movable Homes Act".
SECTION 2
Definitions. Unless clearly indicated otherwise by the context, the following words when used in this Act, for the purpose of this Act, shall have the meanings respectively ascribed to them in this section:
(a) "Mobile Home" means a movable or portable dwelling over 32 feet in length and over 8 feet wide, constructed to be towed on its own chassis, connected to utilities and designed without a permanent foundation for year-round occupancy, which can consist of one or more components that can be retracted for towing pur poses and subsequently expanded for additional capacity, or of two or more units separately towable but designed to be joined into one integral unit.
(b) "Relocatable Home" means a movable or portable dwelling over 32 feet in length and over 8 feet wide, designed and constructed without carriage or hitch, as stationary house construction for placement upon permanent foundations, to be connected to utilities, for year-round occupancy. It is capable of being separated from its
foundation and utilities and relocated. It can consist of one or more components that can be retracted when transported and subsequently expanded for additional capacity, or of two or more units separately transportable but designed to be joined into one integral unit.
(c) "Factory Manufactured Movable Home" means and in cludes a mobile home and a relocatable home as those terms are de fined herein.
2492
JOURNAL OF THE HOUSE,
(d) "Commissioner" means the Georgia Safety Fire Commis sioner.
SECTION 3
Statement of Policy; Rule Making Power.
(a) Factory manufactured movable homes, because of the manner of their construction, assembly and use and that of their systems, com ponents and appliances (including heating, plumbing and electrical sys tems) like other finished products having concealed vital parts may present hazards to the health, life and safety of persons and to the safety of property unless properly manufactured. In the sale of factory manu factured movable homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards, and for that purpose to forbid the manufacture and sale of new factory manufactured movable homes which are not so constructed as to provide reasonable safety and protection to their owenrs and users.
(b) The Georgia Safety Fire Commissioner is hereby authorized and directed to investigate and examine into engineering and construc tion practices and techniques, the properties of construction materials used in the construction and assembly of factory manufactured movable homes, their electrical, plumbing, heating and other systems and ap pliances; fire prevention and protective techniques and measures to pro mote safety of persons and property and protect the health of users of such factory manufactured movable homes. The Commissioner is au thorized and empowered to promulgate rules and regulations embodying the fundamental principles adopted, recommended, or issued as USA Standard A119.1 and amended from time to time by the United States of America Standards Institute (USASI), successor to the American Standards Association (ASA) applicable to factory manufactured mov able homes as defined herein.
(c) The Commissioner is also authorized and empowered to issue and promulgate all rules and procedures which in his judgment are necessary and desirable to make effective the construction standards so established.
SECTION 4
Compliance with Commissioner's Rules. No person may manufac ture, sell, or offer for sale any factory manufactured movable home which has been constructed more than six (6) months after the effective date of this Act, unless such manufactured home, its components, sys tems and appliances have been constructed and assembled in accordance with rules of the Commissioner issued to afford reasonable protection to persons and property with respect to the construction, assembly and sale of such factory manufactured movable homes, and unless compliance with such rules be evidenced in the manner required by the Commission er's rules.
FRIDAY, MARCH 1, 1968
2493
SECTION 5
License, (a) Every manufacturer and every dealer who sells new factory manufactured movable homes within the State of Georgia shall apply for and obtain license within six months after the effective date of this Act to sell to licensed dealers or to the public of this State and shall certify in the application that the applicant will comply with the Construction Standards set forth under rules and regulations provided in Section 3 herein.
(b) Applications will be obtained from and submitted to the Com missioner.
(c) The original license fee shall be ten ($10.00) dollars per manu facturing plant and dealer location in the State of Georgia and the rene wal fee shall be ten ($10.00) dollars per annum. The license shall be valid from January 1st through December 31st of the year in which it was issued or until revoked as provided herein.
(d) Every manufacturer or dealer who first sells a new factory manufactured movable home in this State, beginning six months after the effective date of this Act shall, before such sale, pay to the Commis sioner a fee of three ($3.00) dollars per each factory manufactured mov able home in such manner as the Commissioner may by rule require to cover the costs of inspection and certificate, seal or other evidence of compliance.
SECTION 6
Reciprocity. In the issuance of rules and regulations hereon, the Commissioner may provide appropriate exemption or exception with respect to factory manufactured movable homes produced in other states, upon his determining that the applicable rules and codes of such state of manufacture provide safeguards equally effective to those otherwise applicable under this Act and rules made pursuant thereto.
SECTION 7
Administration of Act. The Commissioner is hereby charged with the administration of this Act. He may make and amend, alter or repeal, general rules and regulations of procedure for carrying into effect all provisions of this Act, for obtaining statistical data respecting factory manufactured movable homes, and to prescribe means, methods and practices to make effective such provisions and he may make such in vestigations and inspection as in his judgment are necessary to enforce and administer this Act.
SECTION 8
Enforcement. No person may interfere, obstruct or hinder an auth orized representative of the Commissioner who displays proper Depart ment credentials in the performance of his duties as set forth in the provisions of this Act.
2494
JOURNAL OF THE HOUSE,
SECTION 9
Penalties. Any person violating any of the provisions of this Act, or of said rules and regulations made hereunder shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor.
SECTION 10
Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un constitutional.
SECTION 11
Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E.
Berry^ J. K. Black Blalock Bond
Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Caldwell Carnes Gates Cheeks Clarke Cole Collins, J. F.
Collins, M. Colwell Conner Cook
Cooper, B. Cooper, J. R. Cox Crowe, William Dailey
Daugherty Davis Dean DeLong Dent Dickinson Dillon Dodson
Douglas Edwards Farmer Farrar
Fleming Funk Gary Gay Gaynor
Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard
FRIDAY, MARCH 1, 1968
Lewis Lovell Lowrey Malone Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Potts Rainey Reaves Richardson Rowland Russell
2495
Savage Scarlett Shanahan Sherman Shields Shuman Sinimons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs. Fallin and Kirksey.
Those not voting were Messrs.:
Barfield Bostick Bowen Buck Busbee Cato Chandler Crowe, W. J. Dixon Dollar
Dorminy Doster Egan Floyd Hall Harrison Hill Jordan, W. H. Levitas Longino
Magoon Mason Matthews, D. R. McCracken
Miller Nash Pickard
Poss Ragland Roach
2496
Ross Rush
JOURNAL OF THE HOUSE,
Sullivan Townsend
Tye Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 167, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 1479 was ordered immediately transmitted to the Senate.
HR 600-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A RESOLUTION
To ratify, approve and confirm the Executive Order of the Governor dated December 2, 1967, designating the new official residence of the Governor of the State of Georgia located at 391 W. Paces Ferry Road, N. E., Atlanta, Fulton County, Georgia, as the "Executive Center" and designating the Executive Center located at 391 W. Paces Ferry Road, N. E., Atlanta, Fulton County, Georgia, as the official residence of the Governor; to repeal conflicting laws; and for other purposes.
WHEREAS, on the 2nd day of December, 1967, the Governor of Georgia executed the following Executive Order:
"EXECUTIVE DEPARTMENT
THE STATE OF GEORGIA
Executive Order
By the Governor:
WHEREAS: A new official residence of the Governor of the State of Georgia has been constructed at 391 W. Paces Ferry Road, N. E., Atlanta, Fulton County, Georgia; and
WHEREAS: On December 2, 1967, Lester Maddox, Governor of the State of Georgia, moved from the official residence of the Governor of the State of Georgia commonly known as the Governor's Mansion located at 205 The Prado, N. E., Atlanta, Fulton County, Georgia, to the new official residence of the Governor located at 391 W. Paces Ferry Road, N. E., Atlanta, Fulton County, Georgia.
NOW THEREFORE BY THE AUTHORITY VESTED IN ME AS THE GOVERNOR OF THE STATE OF GEORGIA, IT IS
FRIDAY, MARCH 1, 1968
2497
HEREBY ORDERED: That the official residence of the Governor of the State of Georgia located at 391 W. Paces Ferry Road, N. E., Atlanta, Fulton County, Georgia, be and the same is hereby desig nated as the 'Executive Center'.
IT IS FURTHER ORDERED: That the Executive Center lo cated at 391 W. Paces Ferry Road, N. E., Atlanta, Fulton County, Georgia, be and the same is hereby designated as the official resi dence of the Governor of the State of Georgia until further ordered, effective at 12:00 o'clock Noon, December 2, 1967.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 2nd day of December, in the year of our Lord One Thousand Nine Hundred and Sixty-seven, and of the Independence of the United States of America the One Hundred and Ninety-Second.
/s/ Lester Maddox
Governor
ATTEST:
/s/ Thomas T. Irvin Executive Secretary
(Seal of Executive Department impressed)"
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Executive Order executed by Hon orable Lester Maddox, Governor of the State of Georgia on the 2nd day of December, 1967, as quoted in this resolution, be and the same is hereby ratified, approved and confirmed.
BE IT FURTHER RESOLVED that the official residence of the Governor of the State of Georgia located at 391 W. Paces Ferry Road, N. E., Atlanta, Fulton County, Georgia, be and the same is hereby desig nated as the "Executive Center".
BE IT FURTHER RESOLVED that the Executive Center located at 391 W. Paces Ferry Road, N.E., Atlanta, Fulton County, Georgia, be and the same is hereby designated as the official residence of the Governor of the State of Georgia until and unless otherwise provided by law.
BE IT FURTHER RESOLVED that all laws and parts of laws in conflict with this resolution are hereby repealed.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
2498
JOURNAL OP THE HOUSE,
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. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Coiling, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Douglas Edwards Fallin Farmer
Farrar
Fleming Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Kaylor Knapp Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt
Miller
Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Nash Nessmith Nimmer Northcutt Odom Otwell Pafford Palmer Parker, C. A. Parker, H. W. Phillips Poss Potts Ragland Rainey Reaves Richardson 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 Thompson, A. W. Thompson, R. Threadgill Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling
Wamble
Ward Ware Wells Westlake
FRIDAY, MARCH 1, 1968
Whaley Wiggins Williams Wilson, J. M.
2499
Wilson, R. W. Winkles Wood
Voting in the negative was Mr. Lovell.
Those not voting were Messrs.:
Barfield Bennett Busbee Crowe, W. J. Doster Egan Floyd Graves Gunter Hale Hill
Jones, M. Jordan, W. H. Kirksey Laite Lambert Lambros Levitas Longino Murphy Newton Oglesby
Paris Parrish Peterson Pickard Roach Ross Townsend Tye Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, the Clerk was directed to correct a typographical error on HR 600-1247 as follows:
Change from N. E. to N. W. wherever same appears.
HR 420-932. By Messrs. Northcutt of the 35th and Lane of the 126th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that no political entity of agency attempting to expand any airport facility shall exercise its power of eminent domain to condemn any building used as a residence or business until the occupants of said building have been relocated to equivalent facilities; 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 I, Section III, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
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JOURNAL OF THE HOUSE,
"No county, municipality, other political authority or agency of the State attempting to expand any airport, runway or related facility shall exercise its power of eminent domain to condemn any building used for a residence or place of business, whether owned, rented or leased by its occupant or occupants, until the occupant or occupants have been relocated to equivalent facilities by the county, municipality, other political authority or agency of the State."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that no political entity or agency attempting to expand any airport facility shall exercise its power of emi-
"NO ( ) nent domain to condemn any building used as a resi dence or business until the occupants of said building have been relocated to equivalent facilities?"
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 substitute was read and lost.
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for proration of ad valorem taxes on condemned property; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
FRIDAY, MARCH 1, 1968
2501
SECTION 1
Article I, Section III, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"When property is taken by condemnation proceedings, or negotiated therefor, the condemnee shall not be responsible for ad valorem tax thereon except for that portion due to the date of taking on a daily pro rata basis for the year in which taken. The condemnee shall be responsible for any delinquent taxes.
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 NO ( ) for the proration of ad valorem taxes in condemna tion cases?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following substitute, offered by Messrs. Northcutt of the 35th and Lane of the 126th, was read:
A RESOLUTION
Proposing an amendment to the Constitution so aa to provide for special residential value to homeowners in condemnation; to provide for proration of ad valorem taxes on condemned property; to provide for payment of appraiser's and attorney's fees; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
2502
JOURNAL OP THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article I, Section III, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"In determining or estimating just and adequate compensation to be paid a property owner for a home in which he dwells, when condemned by any lawful authority for any lawful purpose, such homeowner in every case shall be entitled to an award based on the highest and best use of his property, taking into consideration all the facts as to the condition of the property, its surroundings, improvements and capabilities. However, where there is no reason able probability that the condemned property could be used for purposes other than for residential purposes, such homeowner shall be entitled to a reasonable excess cost of securing like premises in the homeowner's immediate area or in an equally good residential area, over and above the fair market value of the premises con demned. Such special residential value to the homeowner shall not be recoverable if an amount awarded for the fair market value of the premises taken will be sufficient to enable the homeowner to secure adequate like or equal premises in the same immediate neighborhood or other equally good residential area.
When property is taken by condemnation proceedings, or nego tiated therefor, the ad valorem tax thereon shall be paid by the condemnor and condemnee on a daily pro rata basis for the year in which taken. The condemnor shall not be responsible for any delinquent taxes.
When property is acquired by any lawful condemning author ity it shall, in addition to the determined value of the property taken or damaged, pay the condemnee a reasonable amount to be applied on appraiser's fees, and a reasonable amount to be applied on attorney's fees."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for special residential value to homeowners in con demnation cases and to provide for the proration of ad
NO ( ) valorem taxes in condemnation cases and to provide for the assessment of appraiser's fees and attorney's fees in condemnation cases?"
FRIDAY, MARCH 1, 1968
2503
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
Mr. Vaughn of the 117th moves to amend floor Sub. to HR 420-932 by striking the following:
Language in line 4, Section 1, 2nd paragraph "For any Lawfal Pur pose" and inserting in lieu thereof the following Language: to-wit "For Airport Expansion Purposes"
The floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute, as amended.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bowen Branch
Brantley, H. L. Bray Busbee Caldwell Carnes Cato Chandler Cheeks
Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William
Dailey Davis DeLong Dent Dickinson Dixon Dollar Dorminy
Douglas Edwards Fallin Farrar Fleming Funk Gary Gay Gaynor Gignilliat
Grahl Graves Gunter Hadaway Hall Hargrett Harrington Harris, J. F.
2504
Harris, J. R. Harrison Henderson Higginbotham Holder Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan W. H. Kirksey Knapp Laite Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon M alone Mason
JOURNAL OF THE HOUSE,
Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nessmith Newton Nimmer Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Phillips Poss Potts Rainey Reaves Roach Rowland Rush
Russell Savage Shanahan Sherman Shuman Simmons Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Sweat Tucker Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.
Adams Gates Cook Grier
Hamilton Lee, W. S. Odom Shields
Sims Thompson, A. W. Thompson, R. Turner
Those not voting were Messrs.:
Alexander Barfield Bennett Bond Bostick Brantley, H. H. Brown, B. D. Brown C. Buck Crowe, W. J. Daugherty Dean
Dillon Dodson Doster Egan Farmer Floyd Hale Harris, R. W. Hill Hood Jenkins Jordan, G.
Kaylor Lambros Land McClatchey McCracken Melton Moore, J. H. Nash Oglesby Parrish Peterson Pickard
Ragland Richardson Ross Scarlett
FRIDAY, MARCH 1, 1968
2505
Steis Sullivan Threadgill Townsend
Tye Underwood Wiggins Mr. Speaker
On the adoption of the Resolution, by substitute, as amended, the ayes were 145, nays 12.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.
By unanimous consent, HR 420-932 was ordered immediately transmitted to the Senate.
Mr. Richardson of the 116th stated that he was called from the floor of the House when the roll was called on HR 420-932, but had he been present would have voted "nay".
Mr. Farmer of the 29th stated that he had been called from the floor of the House when the roll was called on HR 420-932, but had he been present would have voted "aye".
Messrs. Cox of the 127th, Carnes of the 129th and Dillon of the 128th re quested to be recorded as voting "nay" on HR 420-932.
The Speaker announced the House recessed until 1:55, o'clock, P.M.
AFTERNOON SESSION
The Speaker called the House to order.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following Bill of the House, to-wit:
HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd: A Bill to amend an Act providing appropriations for the fiscal years 1967-1968 and 1968-1969, generally known as the General Appropriations
2506
JOURNAL OP THE HOUSE,
Act, so as to change the appropriations and provisions relative to the fiscal year 1968-1969; 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 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A Bill to amend an Act providing appropriations for the fiscal years 1967-1968 and 1968-1969; and for other purposes.
Mr. Ployd of the 7th moved that the House insist on its position in disagreeing to the Senate substitute and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the
House, the following members:
Messrs. Floyd of the 7th, Murphy of the 26th and Busbee of the 79th.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed a second supplemental calendar for today's business, Friday, March 1, 1968, by adding and submitting the following:
HR 93-219. Justices of the Peace, jurisdiction, civil cases. HB 1327. Senatorial Districts, Mt. Harmony Militia District. HB 1476. State Income tax, Commissioned Officers. HR 728-1570. Governor's Mansion in Ansley Park; grantee; price. HR 737-1616. Western & Atlantic Railroad lease, property acquired. HR 781-1631. Governor's Traffic Safety Study Committee; create.
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
FRIDAY, MARCH 1, 1968
2507
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House amendments and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate, to-wit:
SB 120. By Senator Miller of the 43rd:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954, as amended, so as to change the punishment for persons convicted of driving or operating a vehicle within this state while under the influence of intoxicating liquors; and for other purposes.
The President has appointed on the part of the Senate the following:
Senators Miller of the 43rd, Kilpatrick of the 44th, and Spinks of the 9th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendments to the following Bill of the Senate:
SB 120. By Senator Miller of the 43rd:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended; and for other purposes.
Mr. Williams of the 16th moved that the House insist on its position in amend ing the same and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House, the following members:
Messrs. Williams of the 16th, Matthews of the 94th and Lambert of the 38th.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
2508
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate insists on its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:
HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A Bill to amend an Act providing appropriations for the fiscal years 1967-1968 and 1968-1969, generally known as the General Appropriations Act, so as to change the appropriations and provisions relative to the fiscal year 1968-1969; and for other purposes.
The president has appointed on the part of the Senate the following: Senators Plunkett of the 30th, Coggin of the 35th and Holloway of the 12th.
The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate, to-wit:
SB 210. By Senator Minish of the 48th:
A Bill to amend Code Section 74-111, relating to reports of cruel treat ment of children, so as to include dentists among those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability; to repeal conflicting laws; and for other purposes.
The president has appointed on the part of the Senate the following:
Senators Minish of the 48th, Lee of the 47th and London of the 50th.
Mr. Rowland of the 48th arose to a point of personal privilege and addressed the House.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 1492. By Mr. Brantley of the 63rd:
A Bill to be entitled an Act relating to nursing homes and personal care homes; and for other purposes.
FRIDAY, MARCH 1, 1968
2509
The following amendment was read and adopted:
Mr. Townsend of the 140th moves to amend HB 1492 as follows: add a new sub-section G to Section 8 page to read:
"Provided, nothing in this Act or the rules and regulations adopted thereunder shall be construed as authorizing the supervision, regulation, or control of: The remedial care or treatment of residents or patients in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets, of any well recognized church or religious denomination.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1020. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System of Georgia, so as to provide that the phrase "involun tary separation without prejudice" shall include in its definition the failure in an election of an election official; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 315. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Code Section 84-1404, so as to pro vide for staggered terms of office for members of the Georgia Real Estate Commission; and for other purposes.
The following amendment was read and adopted:
2510
JOURNAL OF THE HOUSE,
House Natural Resources Committee moves to amend SB 315 as follows:
By striking the following language in Section 1:
"The membership of same shall continue as heretofore provided by law until such time as three vacancies occur simultaneously on such Commission. When such vacancies occur, the Governor shall appoint to such Commission three persons who shall have been residents of this State and actively engaged in the real estate business as licensed real estate brokers or salesmen for a period of five years preceding their appointments"
And by inserting in lieu thereof the following:
"The membership of same shall continue as heretofore provided by law until such time as three vacancies occur simultaneously on such Commission. When such vacancies occur, the Governor shall appoint to such Commission three persons with the approval of the Secretary of State and shall be confirmed by the Senate, who shall have been residents of this State and actively engaged in the real estate business as licensed real estate brokers or salesmen for a period of five years preceding their appointments."
The following amendment was read and adopted:
Mr. Caldwell of the 51st moves to amend SB 315 as follows:
By inserting in the second quoted paragraph of Section 2 between the word "requirements" and the word "in" the following:
"provided, however, any person holding a current and valid salesman's license on the date this Act is approved by the Governor, or it otherwise becomes law, shall be eligible to stand an examina tion for a broker's license after holding a salesman's license for twelve months and to be issued a broker's license if the examination is passed satisfactorily."
By adding between the word "requirements" and the word "in" of quoted Code Section 84-1409, Section 2, the following:
"provided, however, any person holding a current and valid salesman's license on the date this Act is approved by the Governor, or it otherwise becomes law, shall be eligible to stand an examina tion for a broker's license after holding a salesman's license for twelve months and to be issued a broker's license if the examination is passed satisfactorily."
An amendment offered by Mr. Underwood of the 61st was read and lost.
FRIDAY, MARCH 1, 1968
2511
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 Alexander Anderson Barber Battle Berry, J. K. Black Bowen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Caldwell Games Chandler Cheeks Cole Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey DeLong Dent Diekinson Dillon Dodson Dorminy Douglas Fallin Farmer Farrar Fleming Floyd Funk Gaynor Gignilliat Grahl Grier Hale
Hall Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hood Howard Howell Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. Jones, M. Kaylor Kirksey Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. S. Leggett Levitas Lewis Lowrey Magoon
Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Moore, Don C. Moreland Mullinax Murphy Nessmith Newton
Nimmer Northcutt Oglesby Otwell Pafford Palmer Paris Parker, H. W. Peterson Poss Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shuman Simmons Smith, V. T. Snow Stalnaker Starnes Steis Sullivan Thompson, R. Threadgill Turner Vaughan, D. N. Vaughn, C. R. Ward Ware Wells Westlake Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood
2512
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Ballard Blalock Bray Clarke Dean Dixon Edwards Gary Gay Graves Gunter
Higginbotham Johnson, A. S. Lee, W. J. (Bill) Leonard Lovell Mason Mixon Moore, J. H. Nash Odom Potts
Russell Sims Smith, G. W. Smith, J. R. Smith, W. L. Tucker Underwood Wamble Whaley
Those not voting were Messrs.:
Barfield Bennett Berry, C. E. Bond Bostick Buck Busbee Gates Cato Collins, J. F. Crowe, W. J. Daugherty Davis Dollar
Doster Egan Hadaway Hamilton Harrington Hill Holder Jordan, G. Jordan, W. H. Lambert Lambros Longino McCracken
Moate Parker, C. A. Parrish Phillips Pickard Shields Sweat Thompson, A. W. Townsend Tye Walling Williams Mr. Speaker
On the passage of the Bill, as amended, the ayes were 134, nays 31.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Davis of the 119th abstained from voting on SB 315 because he is in the real estate business.
Mr. Busbee of the 79th requested that he be recorded as having voted for the passage of SB 315, having been in attendance at a committee meeting at the time the vote was taken.
HB 950. By Mr. Cooper of the 103rd: A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the furnishing of names of peace officers to the Board; and for other purposes.
The following Committee substitute was read and adopted:
FRIDAY, MARCH 1, 1968
2513
A BILL
To be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), an Act approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. Laws 1955, p. 387), an Act approved February 27, 1956 (Ga. Laws 1956, p. 314), an Act approved February 28, 1956 (Ga. Laws 1956, p. 280), an Act approved March 25, 1958 (Ga. Laws 1958, p. 341), an Act approved March 17, 1959 (Ga. Laws 1959, p. 330), an Act approved February 12, 1962 (Ga. Laws 1962, p. 39), an Act approved March 30, 1963 (Ga. Laws 1963, p. 386), an Act approved April 2, 1963 (Ga. Laws 1963, p. 262), an Act approved March 26, 1964 (Ga. Laws 1964, p. 757), an Act approved April 8, 1965 (Ga. Laws 1965, p. 593), and an Act approved March 10, 1966 (Ga. Laws 1966, p. 395), so as to provide for the furnishing of names of peace officers to the Board; to provide for the furnishing of information to the peace officer by the Board; to provide that persons becoming peace officers after April 1, 1965 and prior to July 1, 1968, may claim credit for prior service; to provide that beginning May 1, 1968, no peace officer becom ing a member of the Fund shall be given credit for any prior service; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), an Act ap proved February 12, 1952 (Ga. Laws 1952, p. 81), an Act approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 574), an Act ap proved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. Laws 1955, p. 387), an Act approved February 27, 1956 (Ga. Laws 1956, p. 314), an Act approved February 28, 1956 (Ga. Laws 1956, p. 280), an Act approved March 25, 1958 (Ga. Laws 1958, p. 341), an Act approved March 17, 1959 (Ga. Laws 1959, p. 330), an Act approved February 12, 1962 (Ga. Laws 1962, p. 39), an Act approved March 30, 1963 (Ga. Laws 1963, p. 386), an Act approved April 2, 1963 (Ga. Laws 1963, p. 262), an Act approved March 26, 1964 (Ga. Laws 1964, p. 757), an Act approved April 8, 1965 (Ga. Laws 1965, p. 593), and an Act approved March 10, 1966 (Ga. Laws 1966, p. 395), is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. (a) Any peace officer as herein defined, in order to obtain membership in the Fund, shall make application to the Board upon an application blank to be furnished for that purpose by the Board. It shall be the duty of the employing authority to notify the Board within 30 days from the date a peace officer is employed, furnishing the name and mailing address of such peace officer. The
2514
JOURNAL OF THE HOUSE,
Board shall furnish an application blank to such peace officer within 15 days after such notification. The application blank shall be accompanied by such material and information as will enable the peace officer to determine the benefits to be derived by virtue of his becoming a member of the Fund. When the peace officer makes application to become a member of the Fund, it must be accompanied by a report of a medical examination of such applicant, which report shall note the physical defects of such applicant. Such medical examination must have been made not more than 15 days prior to the date of such application. The Board, in its discretion, may pro vide for an examination by a physician of the Board's own choosing of the report of the medical examination of the applicant and shall also have the authority to require a medical examination of any applicant by a physician of the Board's own choosing. In addition to any other authority possessed by the Board to reject an applica tion for membership, it is hereby given the authority to reject an application for membership for medical reasons. An applicant must furnish proof of the date of his birth and such proof shall be in such form as shall be required by the Board.
"(b) Any person becoming a peace officer for the first time after April 1, 1965, and prior to July 1, 1968, may make application to the Board for membership in the Fund before July 1, 1968, and may claim credit for prior service, if any, but must pay therefore at the rate of $7.00 per month. Upon being informed of the names of
such peace officers by the employing authority, if still employed thereby, the Board shall furnish application blanks and information as provided hereinbefore to such peace officers.
"(c) Beginning May 1, 1968 and thereafter, except those pro vided for in subsection (b), no peace officer who first makes appli cation for membership in the Fund shall be given credit for any prior service and shall receive credit only from the date of his becoming a member of the Fund. No person becoming a peace officer on or after December 1, 1965 who is 45 years of age or older shall ever be eligible for membership in the Fund and for any annuity and benefits provided for in this Act.
"(d) In addition to the requirements stated hereinbefore, an application for membership shall contain such other information as may be required by the Board. Any person who is a member of the Fund shall pay into the Fund the sum of $7.00 per month not later than the 10th day of the month for that month. Each member of the Fund shall be required to pay into the Fund the regular monthly amount for a minimum period of 20 years before being eligible to receive the retirement benefits provided for in this Act except that if such peace officer is eligible to retire under the provisions of this Act and so desires, he may retire and the Board shall deduct such monthly amount from his retirement benefits until he has paid into the Fund for such 20 year period.
"(e) Any peace officer who, after once becoming a member of the Fund and after withdrawing or being dropped for any reason, cannot again be considered an applicant for membership, but must apply for reinstatement in compliance with Section 5 of this Act
FRIDAY, MARCH 1, 1968
2515
with any lawful rules and regulations adopted by the Board and, where applicable, to the provisions of this section."
SECTION 2
This Act shall become effective May 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 substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 950 was ordered immediately transmitted to the Senate.
HB 1246. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act so as to provide that passen ger automobiles may be purchased for use by and on behalf of the Gov ernor; and for other purposes.
The report 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 728-1570. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend a Resolution authorizing the dis posal of that tract of land which is presently occupied by the Governor's
2516
JOURNAL OF THE HOUSE,
Mansion in Ansley Park, so as to name the grantee; and for other purposes.
The following amendment was read and adopted:
The Committee on State Institutions and Property moves to amend HR 7281570 as follows:
By striking the title in its entirety and inserting in lieu thereof a new title, to read as follows:
"Amending a resolution authorizing the disposal of that tract of land on which is presently located the Governor's Mansion in Ansley Park, Atlanta, Georgia (Ga. Laws 1966, p. 487), so as to name the grantee; to specify the sale price; to provide the terms of the conveyance; to repeal conflicting laws; and for other purposes."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 166, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
By unanimous consent, HR 728-1570 was ordered immediately transmitted to the Senate.
HR 737-1616. By Messrs. Smith of the 54th and Chandler of the 47th:
A Resolution authorizing the State Properties Control Commission to amend the present lease of the Western & Atlantic Railroad, dated May 11, 1917, so as to postpone to June 27, 1969, the date by which the State must give to the lessee notice of the State's desire to acquire any property acquired by the lessee during the term of said lease and used for the convenient operation of said railroad; 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 115, nays 0.
FRIDAY, MARCH 1, 1968
2517
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1122. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend Code Section 39-1105, so as to change the rates to be allowed to the publishers for publishing legal advertisements under certain circumstances; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, as amended, by an Act approved February 15, 1949 (Ga. Laws 1949, p. 566), by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 271), by an Act approved February 14, 1964 (Ga. Laws 1964, p. 77), and by an Act approved March 10, 1965 (Ga. Laws 1965, p. 174), so as to change the rates to be allowed to the publishers for publishing legal advertisements under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, as amended by an Act approved February 15, 1949 (Ga. Laws 1949, p. 566), by an Act approved Decem ber 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 271), by an Act Ap proved February 14, 1964 (Ga. Laws 1964, p. 77) and by an Act ap proved March 10, 1965 (Ga. Laws 1965, p. 174), is hereby amended by inserting a new sentence immediately following the first sentence of said Code Section, to read as follows:
"Provided, however, when the average annual legal advertising does not exceed twenty percent (20%) of the total space used in the publication in which the legal advertising appears, the rates to be allowed to the publishers for publishing legal advertisements in such publication shall be as follows: For each 100 words, the sum of $2.50 for each insertion for the first four insertions; for each subsequent insertion, the sum of $1.50 per 100 words.",
so that when so amended, Code Section 39-1105 shall read as follows:
"39-1105. Fees for advertising. The rates to be allowed to publishers for publishing legal advertisements shall be as follows: For each 100 words, the sum of $2 for each insertion for the first four insertions; for each subsequent insertion, the sum of $1 per 100
2518
JOURNAL OF THE HOUSE,
words. Provided, however, when the average annual legal advertis ing does not exceed twenty percent (20%) of the total space used in the publication in which the legal advertising appears, the rates to be allowed to the publishers for publishing legal advertisements in such publications shall be as follows: For each 100 words, the sum of $2.50 for each insertion for the first four insertions; for each subsequent insertion, the sum of $1.50 per 100 words. In all cases fractional parts shall be charged for at the same rate; and no ordi nary, sheriff, coroner, clerk, marshal or other officer shall receive or collect from parties, plaintiff or defendant, other or greater rates than herein set forth."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the Committee substitute was read and adopted:
Mr. Grahl of the 52nd moves to amend HB 1122 (Committee Substitute) by striking Section 1 in its entirety and substituting in lieu thereof the following:
SECTION 1
Code Section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, as amended, by an Act approved February 15, 1949 (Ga. Laws 1949, p. 566), by an Act approved Decem ber 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 271) by an Act approved February 14, 1964 (Ga. Laws 1964, p. 77) and by an Act approved March 10, 1965 (Ga. Laws 1965, p. 174), is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 39-1105 to read as follows:
"39-1105. The rates to be allowed to publishers for publishing legal advertisements shall be as follows: For each 100 words, the sum of $2.50 for each insertion for the first four insertions; for each subsequent insertion, the sum of $1.50 per 100 words. In all cases fractional parts shall be charged for at the same rates; and no ordi nary, sheriff, coroner, clerk, marshal or other officer shall receive or collect from parties, plaintiff or defendant, other or greater rates than herein set forth."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
FRIDAY, MARCH 1, 1968
Those voting in the affirmative were Messsrs.
Adams Anderson Barber Berry, C. E. Berry, J. K. Black Blalock Branch Brantley, H. L. Bray Brown, C. Buck Busbee Carnes Chandler Clarke Cole Collins, J. F. Collins, M. Cook Cooper, J. R. Cox Crowe, W. J. Dailey Dent Dickinson Dixon Dorminy Douglas Edwards Egan Farmer Funk Gary Gay Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harris, J. F.
Harris, J. R. Harris, R. W. Higginbotham Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Kaylor Kirksey Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Mixon Moate
Moore, Don C. Moore, J. H. Moreland Mullinax Murphy
2519
Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Parker, H. W. Peterson Phillips Poss Ragland Rainey Reaves Roach Rowland Russell Savage Scarlett Shields S human Sims Smith, G. W. Smith, V. T. Snow Steis Sweat Thompson, R. Threadgill Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Wiggins Williams Winkles Wood
Those voting in the negative were Messrs.:
Ballard Brown, B. D. Cooper, B. Crowe, William Davis Dillon Fallin
Fleming Gignilliat Harrington Jordan, G. Matthews, D. R. McDaniell Potts
Shanahan Sherman Simmons Starnes Westlake
2520
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alexander Barfield Battle Bennett Bond Bostick Bowen Brantley, H. H. Caldwell Gates Cato Cheeks Colwell Conner Daugherty Dean DeLong Dodson Dollar
Doster Farrar Floyd Gaynor Grier Hale Harrison Henderson Hill Holder Hood Jordan, W. H. Knapp Laite Lee, W. J. (Bill) Levitas Magoon Northcutt Paris
Parker, C. A. Parrish Pickard Richardson Ross Rush Smith, J. R. Smith, W. L. Stalnaker Sullivan Thompson, A. W. Townsend Tucker Turner Tye Underwood Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Messrs. Battle of the 116th and Cheeks of the 104th requested that the Journal show them as having voted for the passage of HB 1122. Mr. Gates of the 123rd requested the Journal show him as having voted against the passage of HB 1122.
By unanimous consent, HB 1122 was ordered immediately transmitted to the Senate.
HB 1327. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd and Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend Code Section 47-102 so as to include the Mt. Harmony (1900) Militia District within the 32nd Senatorial District; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October
FRIDAY, MARCH 1, 1968
2521
5, 1962 (Ga. Laws 1962, Sept.-Oct. Sess., p. 7), and Act approved March 7, 1966 (Ga. Laws 1966, p. 245), and an Act approved March 29, 1967 (Ga. Laws 1967, p. 159), so as to include the Mt. Harmony (1900) militia district within the 32nd Senatorial District; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.Oct, Sess., p. 7), an Act approved March 7,1966 (Ga. Laws 1966, p. 245), and an Act approved March 29, 1967 (Ga. Laws 1967, p. 159), is hereby amended by striking the paragraph describing the 32nd Senatorial Dis trict and inserting in lieu thereof the following:
"32. That portion of Cobb County, more particularly described as follows:
All that part of Cobb County lying and being in Militia Districts Gritter (911), Post Oak (1319), Elizabeth (1897), Fullers (1679), Merritts (897), Smyrna (1292), Vinings (1568), Lemons (992), Mt. Harmony (1900) and Wards 1, 5, 6 and 7 of the City of Marietta as such wards were defined by ordinances duly adopted by the govern ing authority of the City of Marietta which were in effect on Janu ary 1, 1966."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 93-219. By Messrs. Wilson and Henderson of the 102nd and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the jurisdiction of justices of the peace in civil cases; to provide for the
2522
JOURNAL OF THE HOUSE,
submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VI, Section VII, Paragraph II of the Constitution is hereby amended by striking said Paragraph II in its entirety and substituting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Jurisdiction.--Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulation as may be presecribed 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:
"YES ( ) Shall the Constitution be amended so as to change the NO ( ) jurisdiction of justices of the peace in civil cases?"
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.
FRIDAY, MARCH 1, 1968
2523
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alexander Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Bostick Bo wen Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Gates Chandler Cheeks Cole Collins, J. P. Collins, M. Colwell Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Dean DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Fallin Fleming Funk Gary Gay Gaynor Gignilliat Grahl Gunter Hadaway Hale Harrington
Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Holder Howard Howell Hutchinson Jenkins Johnson, A. S.
Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Land Lane, W. J. Lee, W. J. (Bill) Leggett Lewis Lovell Magoon Malone Mason Matthews, C.
Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon
Moate -- Moore, Don C. Moore, J. H. Mullinax Murphy Nash
Nessmith Newton Nimmer
Oglesby Palmer Parker, H. W. Phillips Poss Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, R. Threadgill Tucker Turner Tye
Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware
Wells Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood
2524
JOURNAL OP THE HOUSE,
Those voting in the negative were Messrs.:
Adams Blalock Carnes Cook Davis Dillon
Egan Farmer Grier Hood Lambros Lane, Dick
Lee, W. S. Leonard Levitas Longino Odom Potts
Those not voting were Messrs.:
Bennett Bond Branch Brantley, H. H. Brown, B. D. Cato Clarke Conner Cox Daugherty Dollar Doster Parrar
Floyd Graves Hall Hamilton Hargrett Harris, J. R. Hill Laite Lowrey Moreland Northcutt Otwell Pafford
Paris Parker, C. A. Parrish Peterson Pickard Ross Shields Stalnaker Thompson, A. W. Townsend Westlake Winkles Mr. Speaker
On the adoption of the Resolution, the ayes were 148, nays 18.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
By unanimous consent, HR 93-219 was ordered immediately transmitted to the Senate.
HR 597-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A RESOLUTION
To ratify, approve, and confirm the Executive Order of the Gover nor, dated March 29, 1967, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
FRIDAY, MARCH 1, 1968
2525
SECTION 1
That the Executive Order of the Governor, dated March 29, 1967, which is as follows:
"EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Executive Order
By the Governor:
WHEREAS: Georgia Code section 40-205 provides that the Governor of the State of Georgia may suspend collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is therefore
ORDERED: That the collection of Georgia sales and use taxes on the sale and use of Holy Bibles, Testaments and similar books commonly recognized as being Holy Scriptures, regardless of by or to whom sold, be suspended until the next meeting of the General Assembly.
This 29th day of March, 1967.
/s/ Lester Maddox
Attest:
Governor
/s/ Thomas T. Irvin Executive Secretary (Seal of Executive Department impressed)"
be and the same is hereby ratified, approved and confirmed.
SECTION 2
All laws and parts of laws in conflict with this resolution are hereby repealed.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 148, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 598-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
2526
JOURNAL OF THE HOUSE,
A RESOLUTION
To ratify, approve and confirm the Executive Order of the Gov ernor, dated March 20, 1967, 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 hos pitals until the next meeting of the General Assembly; to repeal con flicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
That the Executive Order of the Governor, dated March 20, 1967, which is as follows:
"EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Executive Order
By the Governor:
WHEREAS: The maintenance of public health is one of the principal functions of government; and
WHEREAS: The various general non-profit hospitals located in this State render invaluable assistance to the municipal, county, state and authority owned hospitals in the maintenace of public health; and
WHEREAS: Municipal, county and state owned hospitals have always been exempt from payment of Georgia Sales and Use Taxes; and
WHEREAS: The Supreme Court of Georgia, in the case of Undercofler vs. Hospital Authority of Forsyth County, decided October 19, 1965, has declared all authority owned hospitals to be exempt from such taxes; and
WHEREAS: Under these circumstances, the continued payment of such taxes by general non-profit hospitals will constitute an inequitable burden upon such hospitals in their efforts to assist in the maintenace of public health; and
WHEREAS: Georgia Code section 40-205 provides that the Governor of the State of Georgia may suspend the collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is, therefore,
ORDERED: That the collection of Georgia Sales and Use Taxes on the sale and use of tangible personal property and services pur-
FRIDAY, MARCH 1, 1968
2527
chased by non-profit general hospitals and used exclusively by such hospitals in performing a general hospital function in this State, provided such hospitals are operating under a non-profit hospital charter approved by the Internal Revenue Service, and provided a letter of authorization is secured from the State Revenue Commis sioner, be suspended until the next meeting of the General Assem bly. This 20th day of March, 1967.
Attest:
/s/ Lester Maddox Governor
/s/ Morgan R. Redwine, Jr. Executive Secretary
(Seal of the Executive Department impressed)"
be and the same is hereby ratified, approved and confirmed.
SECTION 2
All laws and parts of laws in conflict with this resolution are hereby repealed.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 168, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 599-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A RESOLUTION
To ratify, approve and confirm the Executive Order of the Governor dated March 29, 1967, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sales of food to private nonprofit, accredited elementary schools purchased by such schools to be consumed on the premises by pupils and employees until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
2528
JOURNAL OF THE HOUSE,
SECTION 1
That the Executive Order of the Governor, dated March 29, 1967, which reads as follows:
"EXECUTIVE DEPARTMENT THE STATE OF GEORGIA
Executive Order
By the Governor:
WHEREAS: Georgia Code section 40-205 provides that the Governor of the State of Georgia may suspend the collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is, therefore,
ORDERED: That the collection of Georgia sales and use taxes on the sales of food to private non-profit, accredited elementary schools purchased by such schools to be consumed on the premises by pupils and employees and used exclusively by such schools, pro vided such schools are operating under a non-profit corporate charter approved by the Internal Revenue Service, and provided a letter of authorization is secured from the State Revenue Commis sioner, be suspended until the next meeting of the General Assembly.
This 29th day of March, 1967.
/s/ Lester Maddox
Governor
Attest:
/s/ Thomas T. Irvin Executive Secretary (Seal of Executive Department impressed)"
be and the same is hereby ratified, approved and confirmed.
SECTION 2
All laws and parts of laws in conflict with this resolution are hereby repealed.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
FRIDAY, MARCH 1, 1968
2529
HR 603-1280. By Mr. Moore of the 12th:
A Resolution authorizing the conveyance of certain real property located in Stephens 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 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1000. By Mr. Barber of the 24th:
A Bill to be entitled an Act to amend an Act to as to provide that mem bers of the Employees' Retirement System of Georgia who become subject to the provisions of the Teachers' Retirement System of Georgia may transfer their credits to the Teachers' Retirement System of Georgia; and for other purposes.
The following amendment was read and adopted:
The Committee on Education moves to amend House Bill No. 1000, as follows:
By striking in its entirety quoted Section 9A and inserting in lieu thereof a new Section 9A to read as follows:
"Section 9A. Any other provisions of law to the contrary not withstanding, any member who has service credits with the Em ployees' Retirement System of Georgia may have such service credits including employer and employee contributions transferred to the Teachers' Retirement System of Georgia on or before June 30, 1968, or within 90 days after becoming a member of the Teachers' Retire ment System of Georgia. Any member who elects to transfer such service credits shall notify the Board of Trustees of the Teachers' Retirement System in writing of his election to transfer such service credits. Provided, however, such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death or normal service retire ment. Provided, however, that said employee be required to make additional contributions to the Teachers' Retirement System of Georgia so that his annuity account balance will be the same as though he has been a member subsequent to July 1, 1956 of the Teachers Retirement System of Georgia during the period of mem bership service, or in the absence of such payment by the individual, the Teachers' Retirement System shall adjust his credits in proper-
2530
JOURNAL OP THE HOUSE,
tion to the said transferred contributions by the Employees' Retire ment System to the Teachers' Retirement System of Georgia."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Ballard Barber Battle Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Chandler Cheeks Clarke Cole Collins, J. P. Collins, M. Colwell Conner Cooper, B. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon
Dodson
Dorminy Douglas Edwards Fallin Farmer Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Henderson Higginbotham Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan G. Kirksey Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.
Levitas
Lewis Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Miller Mixon Moate Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer Northcutt Odom Oglesby Pafford Palmer Paris Parker, H. W. Potts Ragland Rainey Reaves Richardson Roach Rowland Russell Savage Scarlett Shanahan
Sherman
Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Starnes Steis
FRIDAY, MARCH 1, 1968
Sweat Threadgill Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble
2531
Ward Ware Wells Whaley Wiggins Wilson, J. M. Winkles Wood
Those voting in the negative were Messrs.:
Cooper, J. R. Kaylor
Leonard Poss
Williams
Those not voting were Messrs.:
Anderson Barfield Bennett Berry, C. E. Bostick Bo wen Buck Cato Cook Crowe, W. J. Dollar Doster Egan Farrar Fleming Floyd Funk Hale Hall
Hamilton Harrison Hill Holder Johnson, B. Jordan, W. H. Laite Land Leggett Longino Magoon McCracken Merritt Moore, Don C. Murphy Nash Otwell Parker, C. A. Parrish
Peterson Phillips Pickard Ross Rush Smith, J. R. Snow Stalnaker Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Westlake Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 146, nays 5.
The Bill, having received the requisite constitutional majority^ was passed, as amended.
Mr. Anderson of the 71st requested he be recorded as having voted for the passage of HB 1000.
HB 1001. By Mr. Barber of the 24th: A Bill to be entitled an Act to amend an Act so as" to provide that members of the Teachers' Retirement System of Georgia who become subject to the provisions of the Employees' Retirement System of Georgia
2532
JOURNAL OF THE HOUSE,
may transfer their credits to the Employees' Retirement System of Georgia; and for other purposes.
The following amendment was read and adopted:
The Education Committee moves to amend HB 1001 as follows:
By striking from quoted subsection (9) of Section 1 the word "per son" where it appears in the first sentence between the word "any" and the word "who" and where it appears in the second sentence between the word "any" and the word "who" and inserting in lieu thereof the word "member".
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 Alexander Anderson Ballard
Barber Battle Berry, J. K. Black Blalock Bond
Bostick Branch
Brantley, H. H.
Brantley, H. L, Bray Brown, B. D. Brown, C. Busbee Caldwell
Carnes Gates Chandler Cheeks
Clarke Cole
Collins, J. P. Collins, M. Colwell
Conner Cook Cooper, B. Cox
Crowe, William Dailey Daugherty Davis Dean DeLong
Dent Dickinson
Dillon
Dixon Dodson Dorminy Douglas Fallin Farmer
Floyd Gary Gay Gaynor
Gignilliat Grahl
Graves Grier Gunter
Hamilton Hargrett Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hood
Howard Howell
Hutchinson
Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G.
Knapp Lambert Lambros Lane, Dick
Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas
Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton
Merritt Miller
Mixon Moate Moore, J. H.
Moreland Mullinax Nessmith
Newton Nimmer
FRIDAY, MARCH 1, 1968
Northcutt Odom Oglesby Pafford Palmer Paris Parker, H. W. Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons Sims
2533
Smith, G. W. Smith, V. T. Smith, W. L. Starnes Steis Sweat Threadgill Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Cooper, J. R. Edwards Hadaway
Hall Kaylor Kirksey
Land Leonard Poss
Those not voting were Messrs.:
Barfield Bennett Berry, C. E. Bowen Buck
Cato Crowe, W. J. Dollar
Doster Egan
Farrar Fleming Funk Hale Hill
Holder Jones, C. M. Jordan, W. H. Laite Longino McCracken Moore, Don C. Murphy Nash Otwell Parker, C. A. Parrish Peterson Phillips Pickard
Ross Shuman
Smith, J. R. Snow Stalnaker Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Underwood Williams Mr. Speaker
On the passage of the Bill, as amended, the ayes were 153, nays 9.
The Bill, having received the requisite constitutional majority, was passed, as amended.
2534
JOURNAL OP THE HOUSE,
HB 1451. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act so as to provide that the State Revenue Commissioner shall sell any malt beverages found to be contraband; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Busbee Caldwell Carnes Gates Chandler Cheeks Clarke Collins, J. P. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Davis Dean DeLong Dent Dickinson Dillon Dorminy
Douglas Edwards Fallin Farmer Fleming Floyd Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett
Levitas Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Murphy Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Paris Parker, H. W. Poss Potts Ragland Rainey Reaves
Richardson Roach Rush
Russell Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, W. J. Snow
FRIDAY, MARCH 1, 1968
Starnes Steis Sweat Threadgill Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling
2535
Wamble Ward Wells Westlake Wiggins Williams Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Anderson Berry, J. K. Cole Kaylor
Land Leonard Palmer Rowland
Smith, V. T. Whaley
Those not voting were Messrs.:
Bennett Berry, C. E. Black Bray Brown, C. Buck Cato Crowe, W. J. Dailey Daugherty Dixon Dodson Dollar Doster Egan Farrar Funk Grier Hadaway
Hall Hill Holder Hood Howard Joiner Jordan, W. H. Kirksey Knapp Laite Lambros Lovell McCracken Melton Merritt Mullinax Nash Odom Parker, C. A.
Parrish Peterson Phillips Pickard Ross Shuman Smith, G. W. Smith, J. R. Stalnaker Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Ware Wilson, R. W. Winkles Mr. Speaker
On the passage of the Bill, the ayes were 139, nays 10.
The Bill, having received the requisite constitutional majority, was passed.
HB 1476. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend an Act so as to provide that gross income for Georgia income tax purposes shall not include compensation received by commissioned officers of the Armed Forces; and for othei purposes.
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard
Barber Battle Berry, J. K. Black Blalock Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Chandler
Cheeks Clarke Cole Collins, J..F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R.
Cox
Crowe, William Dailey Daugherty
Davis Dean Dent Dickinson Dillon Dixon Dodson Dorminy Douglas Edwards Farmer
Fleming Floyd Funk Gary
Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Hood Howell Hutchinson Jenkins
Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Kaylor
Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Lowrey Malone Mason Matthews, C.
Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Pafford Palmer Paris Parker, H. W. Peterson Poss Potts Ragland Rainey
Reaves Richardson Roach Rowland Savage Scarlett Shanahan Sherman Simnions Sims Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis
Sweat Threadgill Turner Tye Underwood Vaughan, D. N. Vaughn, C. R.
FRIDAY, MARCH 1, 1968
Walling Wamble Ward Ware Wells Westlake Whaley
2537
Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative was Mr. W. S. Lee.
Those not voting were Messrs.:
Barfield Bennett
Berry, C. E. Bostick
Bowen Branch Cato
Cook Crowe, W. J. DeLong Dollar Doster Egan Fallin Farrar Hadaway Harrison
Hill Howard Jones, C. M. Jordan, W. H. Kirksey Laite Land
Longino Lovell Magoon McCracken Moore, Don C. Odom Otwell Parker, C. A. Parrish Phillips
Pickard Ross Rush Russell Shields Shuman Smith, G. W. Smith, J. R. Sullivan Thompson, A. W. Thompson, R. Townsend Tucker
Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 154, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 1476 was ordered immediately transmitted to the Senate.
HB 1077. By Messr. Jones of the 112th, DeLong of the 105th and others:
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 so as to clarify the provisions relating to secondary security instruments; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Barfield Battle Bennett 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 Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dodson Dorminy Douglas Edwards Egan
Fallin Farmer Fleming Floyd Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hood Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Lowrey Magoon Mason Matthews, C. Matthews, D. R.
Mauldin Maxwell McClatchey McDaniell Melton Merritt Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer Paris Parker, H. W. Peterson Poss Potts Rainey Reaves Richardson Roach Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Steis Sullivan Threadgill Turner Underwood
Vaughan, D. N. Vaughn, C. R. Walling Ward Ware
FRIDAY, MARCH 1, 1968
Wells Westlake Whaley Wiggins Williams
2539
Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative was Mr. Malone.
Those not voting were Messrs.:
Berry, C. E. Cato
Cox Crowe, W. J. Dixon Dollar
Doster Farrar Funk Hale Hall Hill Holder
Howard
Jordan, W. H.
Laite Lane, W. J. Longino
Lovell McCracken Miller
Moate Oglesby Parker, C. A. Parrish
Phillips Pickard Ragland
Ross Russell Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Townsend Tucker
Tye Wamble Mr. Speaker
On the passage of the Bill, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 1077 was ordered immediately transmitted to the Senate.
HB 1078. By Messrs. Jones of the 112th, DeLong of the 105th and others: A Bill to he entitled an Act to amend an Act so as to redefine certain terms of The Retail Installment and Home Solicitation Sales 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
By unanimous consent, HB 1078 was ordered immediately transmitted to the Senate.
HB 329. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend Code Chapter 84-4 creating a Georgia State Board of Barbers, so as to change the qualifications for obtaining a certificate of registration as a master barber; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 84-4, relating to barbers and manicurists, barbershops, barber schools and barber colleges, and creating a Georgia State Board of Barbers, so as to change the qualifications for obtaining a certificate of registration as a master barber; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Chapter 84-4, relating to barbers and manicurists, barbershops, barber schools and barber colleges, and creating a Georgia State Board of Barbers, is hereby amended by striking Code Section 84-409, in its entirety and inserting in lieu thereof a new Code Section 84-409 to read as follows:
"84-409. (a) Any person shall obtain a certificate of registra tion under the provisions of this chapter who makes application to the Georgia State Board of Barbers through the Joint Secretary, State Examining Boards, pays an examination fee of thirty ($30.00) dollars to said Secretary and meets the following qualifications:
(1) Is free from infectious and contagious diseases at the time of filing said application;
(2) Is eighteen years of age;
(3) Is of good moral character;
(4) Has a minimum of 5,000 hours as an apprentice in a barber shop under the supervision of a barber who has held a certificate of registration as a master barber for at least three years, or has completed a court of instruction of at least 1,500 hours in an ac credited barber school or college and has served for a minimum of 18 months under the supervision of a barber who has held a certifi cate of registration as a master barber for at least three years;
FRIDAY, MARCH 1, 1968
2541
(5) Has passed an examination by said Board testing appli cants' skills to properly perform all the duties of the occupation of a barber, including his ability in the preparation of tools, in per forming the services mentioned in Section 84-401 and all the duties and services incidental thereto;
(6) Has been a resident of this State for at least six months prior to filing such application; however, such requirement shall not apply to a student attending a barber school or college in this State.
(b) Any person shall obtain a certificate of registration under the provisions of this chapter who makes application to the Georgia State Board of Barbers through the Joint Secretary, State Examin ing Boards, pays a fee of thirty ($30.00) dollars to the Joint Secre tary and meets the following qualifications:
(1) Is free from infectious and contagious disease at the time of filing said application;
(2) Has been a resident of this State for at least six months prior to filing such application;
(3) Has held a license or certificate of registration as a master barber or the equivalent thereto from another State which has sub stantially the same requirements for licensing and registering bar bers as required by this chapter, or has held a license or certificate
of registration as a master barber or the equivalent thereto for five years from this or any other State.
(c) All persons making application for examination under Sub section (a) of this Section shall if free from infectious and con tagious disease be allowed to practice the occupation of barbering until the next meeting of said Board held for the examination of applicants, and the Board shall issue a permit authorizing him to so practice said occupation.
(d) Any person failing to pass the examination as provided in Subsection (a) shall be furnished a statement in writing by said Board, stating the area in which said applicant was deficient.
(e) No provision of this Section shall be construed to prevent applicants from making subsequent applications to qualify for a certificate of registration; provided, however, such applicant shall again pay the required fee of thirty ($30.00) dollars."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Barber Battle Berry, J. K. Black Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Busbee Caldwell Carnes Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cox Crowe, William Dailey Daugherty Davis DeLong Dent Dickinson Dillon Douglas Edwards Egan Fallin Farmer
Fleming Gay Gaynor Gignilliat Graves Grier Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lee, W. S. Leggett Leonard Le vitas Lewis Lowrey Magoon Matthews, C. Matthews, D. R. Mauldin Maxwell
Those voting in the negative were Messrs.:
Blalock Gates Dorminy Gary
Gunter Hamilton Lane, W. J. Lee, W. J. (Bill)
McClatchey Miller Moate Mullinax Nes smith Nimmer Paris Peterson Poss Ragland Reaves Roach Rowland Rush Savage Scarlett Shanahan Shuman Simmons Sims Smith, G. W. Smith, V. T. Snow Stalnaker Starnes Steis Thompson, A. W. Townsend Turner Tye Underwood Vaughan, D. N. Walling Wamble Ward Ware Wells Westlake Wilson, J. M. Wilson, R. W. Winkles
Longino Malone Mixon Moore, J. H.
Murphy Northcutt Palmer
FRIDAY, MARCH 1, 1968
2543
Parker, H. W. Threadgill Whaley
Wood
Those not voting were Messrs.:
Ballard Barfield Bennett Berry, C. E. Brown, C. Buck Cato Cooper, J. R. Crowe, W. J. Dean Dixon Dodson Dollar Doster Farrar Floyd Funk Grahl Hale
Hall Hargrett
Henderson Hill Holder Jones, C. M. Jordan, W. H. Lovell Mason McCracken McDaniell Melton Merritt Moore, Don C. Moreland Nash Newton Odom Oglesby Otwell Pafford
Parker, C. A. Parrish
Phillips Pickard Potts Rainey Richardson Ross Russell Sherman Shields Smith, J. R. Smith, W. L. Sullivan Sweat Thompson, R. Tucker Vaughn, C. R. Wiggins Williams Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 125, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 329 was ordered immediately transmitted to the Senate.
Mr. Moore of the 12th stated that he had been called from the floor of the House when the roll was called on HB 329, by substitute, but had he been present would have voted "aye".
HR 709-1479. By Mr. Smith of the 54th:
A RESOLUTION
Approving an amendment dated the 15th day of February, 1968, to the lease contract dated the 12th day of January, 1960, entered into be-
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tween the Western and Atlantic Railroad Commission and City Center, Incorporated; and for other purposes.
WHEREAS, the Western and Atlantic Railroad Commission and City Center, Incorporated, entered into a lease dated the 12th day of January, 1960; and
WHEREAS, the State Properties Control Commission has succeeded to the powers and duties of the Western and Atlantic Railroad Comsion; and
WHEREAS, the rights and obligations of City Center, Incorporated, under said lease have been assigend to Downtown Development Corp., FM Air Rights Company and City Center, Incorporated; and
WHEREAS, the State Properties Control Commission has deter mined that it is in the best interest of the State to amend said lease; and
WHEREAS, the State Properties Control Commission has author ized and directed the execution of an amendment to said lease subject to the approval of the General Assembly; and
WHEREAS, the General Assembly finds that the said amendment is in the best interest of the State;
NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the said amendment, a copy of which is attached hereto, to said lease, be and the same is hereby approved.
AMENDMENT TO LEASE CONTRACT
WHEREAS, the Western and Atlantic Railroad Commission and City Center, Incorporated, entered into a lease contract on the 12th day of January 1960, pursuant to authority vested in the Western and At lantic Railroad Commission by Acts of the General Assembly approved February 17, 1950, and March 17, 1959; and
WHEREAS, the State Properties Control Commission has succeeded to the powers and duties of the Western and Atlantic Railroad Comsion; and
WHEREAS, the rights and obligations of City Center, Incorporated, under said lease have been assigned to Downtown Development Corp., F.M. Air Rights Company and City Center, Incorporated; and
WHEREAS, said lease imposes certain requirements and conditions upon the lessee; and
WHEREAS, the State Properties Control Commission has deter mined that in order to obtain the highest and best use of the State's
FRIDAY, MARCH 1, 1968
2545
property, the greatest investment thereon and the highest rental value, certain amendments to said lease are necessary:
NOW, THEREFORE, for and in consideration of those premises and of the mutual covenants and obligations herein contained, it is agreed by and between the parties hereto, subject to the approval of the General Assembly of Georgia, as follows:
1.
The first paragraph of Paragraph 1 of said lease, which presently reads as follows:
"1. Lessee will on or before December 31, 1966 commence and prosecute with due diligence and within two years thereafter sub stantially complete structures meeting the requirements hereinafter
set out, having costs as follows: over Tract No. 1 a structure to cost not less than $2,500,000; over Tract No. 2, a structure the cost of which when added to the cost of the structure over Tract No. 1 shall be not less than $5,000,000; over Tract No. 3, a structure the cost of which when added to the cost of the structure over Tract No. 1 shall be not less than $5,000,000."
shall be amended by striking the word "thereafter" and by inserting the words "after lessee enters into possession of said premises under this lease" between the phrases "within two years" and "substantially complete" and by adding at the end of said paragraph the following:
"Provided, that lessee shall guarantee to the State the faithful execution of the substantial completion of such structures by said date by depositing on or before December 31, 1968, with the Treasurer of the State of Georgia, United States bonds or other security acceptable to the State Properties Control Commission in an amount equal to the difference between the amounts determined in accordance with this paragraph and the cost of the structures completed on December 31, 1968."
so that when amended said paragraph shall read as follows:
"Lessee will on or before December 31, 1966 commence and prosecute with due diligence and within two years after lessee enters into possession of said premises under this lease substantially com plete structures meeting the requirements hereinafter set out, having costs as follows: over Tract No. 1, a structure to cost not less than $2,500,000; over Tract No. 2, a structure the cost of which when added to the cost of the structure over Tract No. 1 shall be not less than $5,000,000; over Tract No. 3, a structure the cost of which when added to the cost of structure over Tract No. 1 shall be not less than $5,000,000. Provided, that lessee shall guarantee to the State the faithful execution of the substantial completion of such structures by said date by depositing on or before December 31, 1968, with the Treasurer of the State of Georgia, United States bonds or other security acceptable to the State Properties Control Commission in an amount equal to the difference between the
2546
JOURNAL OP THE HOUSE,
amounts determined in accordance with this paragraph and the cost of the structures completed on December 31, 1968."
2.
The second paragraph of Paragraph No. 1 of the said lease which presently reads as follows:
"Should the Lessee fail to commence such structure over any one or more of such tracts by December 31, 1966, then all of its rights and obligations with regard to any Tract as to which there has been such failure shall terminate."
is amended so as to add the words "and within two years after said lessee enters into possession of said premises under this lease sub stantially complete such structures" between the phrase "December 31, 1966" and "then all of its rights and obligations," and by adding at the end of said paragraph the following: "and in the event the lessee fails to substantially complete such structures by said date, then the security hereinabove provided shall be forfeited to the State as liquidated dam ages, except that the lessee shall have the option to forfeit its rights to and interests in Tract No. 3 in lieu of forfeiting the amount of the security as to Tract No. 3" so that as amended said paragraph shall read:
"Should the Lessee fail to commence such structure over any one or more of such tracts by December 31, 1966, and within two years after said Lessee enters into possession of said premises under
this lease substantially complete such structures, then all of its rights and obligations with regard to any Tract as to which there has been such failure shall terminate, and in the event the Lessee fails to substantially complete such structures by said date, then the security hereinabove provided shall be forfeited to the State as liquidated damages, except that the Lessee shall have the option to
forfeit its rights to and interests in Tract No. 3 in lieu of forfeiting the amount of the security as to Tract No. 3."
3.
The first paragraph of Paragraph No. 9 of said lease which present ly reads as follows:
"9. During the first 25 years of the lease Lessee shall pay as rental on Tract No. 1 the sum of Twenty-one and Seventy-three One Hundredths Cents (21.73(0 per annum for each square foot of area in said Tract No. 1; and shall pay as rental on Tract No. 2 the sum of Thirteen and Fifty-three One Hundredths Cents (13.530) per annum for each square foot of area in said Tract No. 2; and shall pay as rental on Tract No. 3 the sum of Eight and Eight Tenths Cents (8.8^) per annum for each square foot of area in said Tract No. 3. In each case the area in such tract shall be the area of a single horizontal plane bounded by the boundaries of said tract extended vertically. All rental shall be paid monthly in advance."
FRIDAY, MARCH 1, 1968
2547
is amended so as to strike the words and figures "Twenty-one and Seventy-three One Hundredths Cents (71.730)" and to insert in lieu thereof the words and figures "Twenty-two Cents (22(0", to strike the words and figures "Thirteen and Fifty-three One Hundredths Cents (13.53(0" and to insert in lieu thereof the words and figures "Thirteen and Seventy-five One Hundredths (13.75(0", and to strike the words and figures "Eight and Eight Tenths Cents (8.80)" and to insert in lieu thereof the words and figures "Nine Cents (90)", so that as amended
said Paragraph shall read:
"9. During the first 25 years of the lease Lessee shall pay as rental on Tract No. 1 the sum of Twenty-two Cents (22^) per annum for each square foot of area in said Tract No. 1; and shall pay as rental on Tract No. 2 the sum of Thirteen and Seventy-five One Hundredths Cents (13.750)" per annum for each square foot of area in said Tract No. 2; and shall pay as rental on Tract No. 3 the sum of Nine Cents (9#) per annum for each square foot of area in said Tract No. 3. In each case the area in such tract shall be the area of a single horizontal plane bounded by the boundaries of said tract extended vertically. All rental shall be paid monthly in advance."
4.
The second paragraph of Paragraph No. 9 of said lease is amended by inserting the words "per annum" after the symbol "5%%" so that when amended said paragraph shall read:
"If at any time not less than three months nor more than six months before the commencement of any 25-year period of the term of this lease (other than the first term) either party makes written request for a reappraisal of the value of the leased property and an adjustment of the rent, then the value of the leased property (excluding the value of any improvements thereon made by Lessee) shall be determined by arbitration, as provided in Paragraph 20, and the rent shall be 5%% per annum of the value so determined by arbitration during the ensuing 25-year period and thereafter unless another such reappraisal is so requested by either party; pro vided that under no circumstances shall the rent be less than that which prevailed during the initial 25-year period."
IN WITNESS WHEREOF, LESTER G. MADDOX, Governor of the State of Georgia and Chairman of the State Properties Control Com mission, has hereunto affixed his signature and caused to be affixed the seal of the State Properties Control Commission, in behalf of said State, and lessees have signed and executed this amendment, this 15th day of February, 1968.
STATE OF GEORGIA
BY_______________________________ As Governor and as Chairman of the State Properties Control Commission
Attest:. As Secretary of the State Properties Control Commission
2548
JOURNAL OF THE HOUSE,
Signed, sealed and delivered in the presence of:
NOTARY PUBLIC
Attest: Signed, sealed and delivered in the presence of:
Signed, sealed and delivered in the presence of:
NOTARY PUBLIC
DOWNTOWN DEVELOPMENT CORP.
BY _______________________
Signed, sealed and delivered in the presence of:
NOTARY PUBLIC
FM AIR RIGHTS COMPANY
BY _________________
Signed, sealed and delivered in the presence of:
NOTARY PUBLIC
CITY CENTER, INCORPORATED BY _____________________
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 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
FRIDAY, MARCH 1, 1968
2549
HR 673-1450. By Mr. Chandler of the 47th:
A Resolution declaring that those portions of the State property under lease to the Western & Atlantic Railroad which are not included in the new lease shall be subject to the jurisdiction of the State Properties Control Commission as provided in the State Properties Control Code; 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 148, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1195. By Mr. Bray of the 43rd:
A Bill to be entitled an Act to amend Code Section 109A-2-328, so as to provide that in sales by auction the auctioneer shall be considered agent of both parties so far as to dispense with any further memorandum in writing other than his own entries; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 530-1156. By Messrs. Tye and Whaley of the 115th and others. A Resolution creating the Forward Georgia Commission; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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JOURNAL OP THE HOUSE,
HB 1335. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend Code Chapter 62-10, so as to provide that the terms "livestock" and "stock" shall include horses; and for other purposes.
The following amendment was read and adopted:
The Committee on Agriculture moves to amend House Bill No. 1335, as follows:
By striking therefrom wherever the same shall appear the word "horses", and substituting in lieu thereof the following:
"any member of the equine family".
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 Alexander Anderson Ballard Barber Battle Berry, J. K. Black Blalock Bond Branch
Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Busbee Caldwell Games Gates Chandler Cheeks Cole
Collins, M. Colwell
Cooper, B.
Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon
Dixon Dodson Dorminy
Douglas Edwards Egan Pallin Farmer Fleming Floyd Gary
Gay Gaynor
Gignilliat
Grahl Graves Grier Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Howard
Howell Hutchinson Jenkins
Johnson, A. S. Johnson, B. Joiner Jones, C. M. Kaylor Kirksey Knapp Lambert
Land Lane, Dick
Lane, W. J.
Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Longino Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Merritt Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nessmith Nimmer Northcutt
FRIDAY, MARCH 1, 1968
Odom Otwell Palmer Paris Parker, H. W. Parrish Peterson Poss Potts Rainey Reaves Roach Rowland Russell Savage Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T.
2551
Snow Stalnaker Starnes Steis Threadgill Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Cato
Jordan, G.
Lambros
Those not voting were Messrs.:
Barfield Bennett Berry, C. E. Bostick Bo wen Brown, C. Buck Clarke Collins, J. F. Conner Cook Crowe, W. J. Dollar Doster Farrar Funk Hale Hall Hamilton Hargrett
Harrison Higginbotham Hill Holder Hood Jones, M. Jordan, W. H. Laite Leonard Lewis Lovell Magoon McClatchey McCracken Melton Miller Moate Nash Newton Oglesby
Pafford Parker, C. A. Phillips Pickard Ragland Richardson Ross Rush Scarlett Smith, J. R. Smith, W. L. Sullivan Sweat Thompson, A. W. Thompson, R. Town send Tucker Walling Winkles Mr. Speaker
On the passage of the Bill, as amended, the ayes were 142, nays 3.
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1348. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in a certain manner so as to provide that the terms "stock" shall include horses; and for other purposes.
The following amendment was read and adopted:
The Agriculture Committee moves to amend HB 1348 by striking therefrom wherever the same shall appear the word "horses", and substituting in lieu thereof "any member of the equine family".
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 100, nays 8.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Matthews of the 94th gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 1348.
Mr. Busbee of the 79th moved that the House do now adjourn until 9:00 o'clock tomorrow morning.
The motion prevailed and the Speaker announced the House adjourned until 9:00 o'clock tomorrow morning.
SATURDAY, MARCH 2, 1968
2553
Representative Hall, Atlanta, Georgia Saturday, March 2, 1968
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 ordered by Father Edward J. Banks, Pastor, St. Paul of the Cross Parish, Atlanta, Georgia:
God the Father, let us ever be mindful of the privilege that is ours, to participate in the exercise of Your Divine Authority.
Through your Revelation and Your Legislation, You rule the world solely for the common good of man. You have revealed to Your people, concern for their welfare, prosperity and peaceful living, Under Law and Order.
Your laws and Ordinances are meant to direct man in the path of justice and righteous living. Let us have Your mind in our Legislation, the common good of man and a sincere concern for his welfare.
God the Son, grant us some of Your courage to forget personal gain, set aside selfish motives and like you, to withstand criticism, despise compromise, perform our duties with honesty and integrity so that our fellow citizens may reap the benefits of sound and wholesome government.
God the Holy Spirit, inspire our minds and direct our wills in order that our deliberations and decisions be worthy of Thy approval. Remove from us personal, selfish motives, careless and prejudicial decisions, but let them instead be Blessed and surrounded by your Divine Virtues of Prudence, Knowledge and Fortitude.
Father, Son and Holy Spirit, bless us this day and all we do. 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.
2554
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.
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. Saturday, March 2, 1968, and submits the following:
HB
44. Civil liability, aid law enforcement officer
HB
325. Civil cases, deposit on court cases (Tabled)
HB
671. Teachers' Retirement, service for prior teaching
HB
881. Traffic violations, point system
HB
910. Fair Market Value, property 40% of value
HR 399- 912. Development Authorities, create
HR 426- 941. Removal of Appointed Constitutional Officers
HB
984. Motor fuel tax, purchased out of State
HB 1050. Retirement System, employment after retirement
HB 1061. Highway Department, grant permits to utilities
HB 1165. Non-resident, doing business in State
HR 537-1179. Ad valorem taxes, persons exempt
HR 596-1247. Sales Tax, personal property, out of State
HB 1311. Pornographic material, unlawful to sell
HB 1333. Commercial feed stuffs, inspection fees
HB 1336. Stock and livestock, terms include horses
HB 1338. Livestock, buying and selling, term include horses
HB 1420. Municipal and counties, create Planning Department
HB 1438. Firearms and weapons, possession of (Reconsidered)
HR 679-1465. Levy of taxes, Fulton County
HB 1478. Motor carriers tax, use of streets and highways
SATURDAY, MARCH 2, 1968
2555
HB 1489. Sales tax, catfish and feed, stocking fish ponds
HB 1550. Insurance, State employees, Workmen's Compensation
HB 1586. Radiation, control, site for storage of wastes
HB 1622. Tugboats, persons, or firms, tax returns
HR 781-1631. Governor's Traffic Safety Study Committee; create
SB
30. Trial Judges and Solicitors' Retirement Fund
SB
31. Superior Court Judges' Emeritus
SB
214. Contract, statute of limitations
SB
218. Commission on Arts
SB
299. Georgia Administrative Procedure Act
SB
314. Sale Tax, saw dust and wood shavings
SB
363. Highway Department, relocating utility systems
All Compensation Resolutions
All Local Contested Bills
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, /s/ George D. Busbee
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 1648. By Mr. Wilson of the 102nd:
A Bill to be entitled an Act to amend Code Sec. 32-1201, relating to the merger of independent school systems, so as to provide the procedures which shall govern whenever the citizens of an independent school district authorized by law to establish and maintain a system of schools by local taxation wish to annul their special school law and become a part of the county school system; and for other purposes.
Referred to the Committee on Education.
HB 1649. By Mr. Maxwell of the 106th:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the solicitor general of the Augusta Judicial Circuit and placing
2556
JOURNAL OF THE HOUSE,
him upon an annual salary, so as to change the compensation of the solicitor general; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1650. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend Code Section 23-1109, relating to fees of county surveyors, so as to make the provisions pertaining to counties with populations of 17,000 or over apply to counties with less than 17,000 population; to strike the fee schedule for county surveyors of counties with less than 17,000 population; and for other purposes.
Referred to the Committee on Natural Resources.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1632. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Vaughn, Palmer and Malone of the 117th, Davis, Westlake and Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act creating and establishing a Recorder's Court for DeKalb County, so as to provide that the Clerk of the Recorder's Court may take affidavits for the issuance of war rants and issue warrants thereon; and for other purposes.
HB 1633. By Mr. Games of the 129th:
A Bill to be entitled an Act to amend an Act approved February 27, 1962, providing for an alternative method of annexing territory by municipalities of this State, so as to eliminate therefrom the provision regarding population; and for other purposes.
HB 1634. By Mr. Sims of the 131st:
A Bill to be entitled an Act to authorize and direct the Director of the Department of Public Safety to promulgate rules and regulations and devise forms to provide a service to persons eligible to apply for the issuance or renewal of a Georgia driver's license whereby certain in formation may be shown on the reverse side of such driver's license; and for other purposes.
HB 1635. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to create a board of examiners of peace officers; to provide for their appointment and terms of office; and for other purposes.
SATURDAY, MARCH 2, 1968
2557
HB 1636. By Messrs. Clarke of the 45th and Pickard of the 112th:
A Bill to be entitled an Act to amend an Act creating the Department of Commerce (now the Department of Industry and Trade), so as to empower the director to reimburse authorized personnel of the Depart ment for the actual cost incurred in the pursuit of official business for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other transpor tation; and for other purposes.
HR 784-1636. By Messrs. Clarke of the 45th and Pickard of the 112th:
A Resolution proposing an amendment to the Constitution so as to au thorize the Department of Industry and Trade to expend available funds for the business meals and incidental expenses of bona fide in dustrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry, or tourism within the State; and for other purposes.
HR 785-1636. By Mr. Nash of the 22nd:
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 employees of Gwinnett County other than elected officials; and for other purposes.
HB 1637. By Messrs. Westlake, Davis and Higginbotham of the 119th, Palmer, Malone and Smith of the 117th:
A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of the public school systems of certain counties; to provide for the time of employment in order to come within the scope of the tenure coverage; and for other purposes.
HB 1638. By Messrs. Davis, Westlake and Higginbotham of the 119th and Smith of the 117th:
A Bill to be entitled an Act to require the board of education of each county with a population of not less than 250,000 nor more than 500,000, to publish a summary of all receipts and expenditures of said board of education on a quarterly basis; and for other purposes.
HB 1639. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to change the compensation of the mayor and councilmen; and for other purposes.
HB 1640. By Mr. Leggett of the 21st:
A Bill to be entitled an Act to require all banks, lending institutions and credit institutions doing business in Georgia to furnish any bor-
2558
JOURNAL OF THE HOUSE,
rower with an itemized breakdown of interest charges, service charges and similar charges when requested to do so by the borrower by regis tered or certified letter; and for other purposes.
HB 1641. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Irwin County into the single office of Tax Com missioner of Irwin County; and for other purposes.
HB 1642. By Mr. Barber of the 24th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Jefferson in Jackson County, so as to change the salary of the judge and solicitor of said court; and for other purposes.
HB 1643. By Messrs. Longino of the 122nd, Turner of the 123rd, Lane of the 126th, Brantley of the 139th, Gates of the 123rd and others:
A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of the public school systems of each county of this State having a population of more than 500,000; and for other purposes.
HR 786-1643. By Messrs. Lovell of the 6th, Magoon of the 19th, Higginbotham of the 119th, Rainey of the 69th, Dorminy of the 72nd, Mixon of the 81st, Parker of the 68th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to reimburse certain employees of the State Game and Pish Commission; and for other purposes.
HB 1644. By Messrs. Alexander of the 133rd, Bond of the 36th and Daugherty of the 134th, Mrs. Hamilton of the 137th, and Messrs. Grier of the 132nd, Hood of the 124th and Brown of the 135th:
A Bill to be entitled an Act to prohibit discrimination in the applying for, inspecting, renting, purchasing, leasing, and occupying of certain houses in the City of Atlanta because of race, color, sex, ancestry or national origin; to provide a definition; to provide that certain actions and transactions shall not be prohibited by this Act; and for other purposes.
HB 1645. By Messrs. Battle of the 116th, Smith of the 114th, Whaley and Tye of the 115th, Berry and Gignilliat of the 113th:
A Bill to be entitled an Act to provide that employees of all political subdivisions of Chatham County and the City of Savannah shall have the right of self-organization; to state the public policy; and for other purposes.
SATURDAY, MARCH 2, 1968
2559
HB 1646. By Mr. Scarlett of the 85th:
A Bill to he entitled an Act to amend the charter of the City of Bruns wick in the County of Glynn, so as to define the corporate limits of said City; and for other purposes.
HB 1647. By Messrs. Matthews and Farmer of the 29th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to provide for the time of holding the annual municipal election; to provide that any person who holds a municipal elective of fice may not hold any other public elective office at the same time; and for other purposes.
SB 391. By Senator Fincher of the 51st:
A Bill to be entitled an Act to change the School Districts of the Cherokee County School System; and for other purposes.
SB 392. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, so as to place the tax commissioner on an annual salary; and for other purposes.
SB 394. By Senator Rowan of the 8th:
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 Berrien, so as to change the number of commissioners; and for other purposes.
SB 405. By Senators Johnson of the 38th, Maclntyre of the 40th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.
SB 230. By Senator Smalley of the 28th:
A Bill to be entitled an Act to create the "Georgia Business Corpora tions Act"; to comprehensively revise and supersede the present laws relating to business corporations; to provide for a title and definitions, and to establish provisions prescribing the application of this Act; and for other purposes.
The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
2560
JOURNAL OP THE HOUSE,
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 1096. By Messrs. Dollar and Cato of the 89th:
A Bill to provide for the election of the members of the board of Educa tion of Decatur County; and for other purposes.
HB 1113. By Mr. Harrison of the 98th:
A Bill to amend an Act creating and establishing a new charter for the City of Polkston, so as to increase and extend the corporate territorial limits of said city; and for other purposes.
HB 1128. By Mr. Kaylor of the 4th:
A Bill to amend an Act abolishing the method of compensating the sheriff of Pannin County, so as to provide that the deputy appointed by the sheriff shall be furnished an automobile allowance; and for other purposes.
HB 1305. By Mr. Johnson of the 40th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Glascock, so as to change the com pensation of the members of the board; and for other purposes.
HB 1310. By Mr. Murphy of the 26th:
A Bill to amend an Act so as to provide that the City of Bremen shall have the power to condemn land lying outside its corporate limits for sewer and water purposes; and for other purposes.
HB 1326. By Mr. Bostick of the 93rd:
A Bill to establish an Airport Authority for Tift County to be known as the "Tift County Airport Authority"; and for other purposes.
HB 1353. By Messrs. Battle of the 116th and Whaley of the 115th:
A Bill to provide that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County; to provide for election districts; and for other purposes.
SATURDAY, MARCH 2, 1968
2561
HB 1365. By Mr. Ballard of the 37th:
A Bill to amend an Act placing the sheriff of the Superior Court of Newton County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.
HB 1366. By Messrs. Harris, Farrar, Walling and Levitas of the 118th:
A Bill to create the City of Decatur Parking Authority; and for other purposes.
HB 1389. By Mr. Lovell of the 6th:
A Bill to amend an Act incorporating the City of Cleveland, so as to change the corporate limits; to change the time for opening and closing of the polls; and for other purposes.
HB 1399. By Messrs. Joiner and Rowland of the 48th:
A Bill to create and establish the Washington County Airport Authority; and for other purposes.
HB 1402. By Mr. Dollar of the 89th:
A Bill to amend an Act creating a new charter for the City of Bainbridge, so as to change the number of aldermen; to change the method of electing aldermen; and for other purposes.
HB 1410. By Mr. Nimmer of the 84th:
A bill to provide for the election of members of the board of education of Pierce County; to provide the manner of electing members to the board; and for other purposes.
HB 1432. By Messrs. Wiggins and Threadgill of the 32nd and Murphy of the 26th:
A Bill to create and establish an Airport Authority in and for the counties of Haralson and Carroll, and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircrafts which shall include related buildings, equipment and the usual and convenient facilities appertain ing to such undertaking; and for other purposes.
HB 1434. By Messrs. Mullinax and Ware of the 42nd:
A Bill to amend an Act creating a new charter for the City of West Point, so as to authorize the sale of certain property; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 1454. By Mr. Floyd of the 7th:
A Bill to amend an Act placing the sheriff of Chattooga County upon an annual salary, so as to change the compensation of the chief deputy, one deputy sheriff and the jailer; and for other purposes.
HB 1455. By Mr. Floyd of the 7th:
A Bill to consolidate the offices of Tax Receiver and Tax Collector of Chattooga County into the office of Tax Commissioner of Chattooga County; and for other purposes.
HB 1456. By Mr. Parrish of the 96th:
A Bill to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary, and the tax commissioner of Cook County from the fee system to the salary system, so as to increase the salary of the ordinary of said county; and for other purposes.
HB 1457. By Mr. Jordan of the 82nd:
A Bill to amend an Act abolishing the fee system of compensation for the clerk of the superior court, the ordinary, and the tax commissioner of Coffee County and providing in lieu thereof salaries, so as to change the maximum compensation allowable to the clerk of the Sheriff of Coffee County; and for other purposes.
HB 1460. By Mr. Colwell of the 5th:
A Bill to change the present method of compensating the sheriff of Union County; and for other purposes.
HB 1464. By Mr. Jordan of the 82nd:
A Bill to amend an Act establishing a new charter for the City of Nicholls, so as to change the maximum amount of compensation of the Mayor and Aldermen of the City of Nicholls; and for other purposes.
HB 1465. By Messrs. Russell and Oglesby of the 92nd:
A Bill to amend an Act creating and establishing a new charter for the City of Boston in the County of Thomas, so as to provide for a change in the election of a marshal, who shall also be chief of police, from an election by the qualified voters to an election by the mayor and council of the City of Boston; and for other purposes.
HB 1469. By Mr. Steis of the 100th:
A Bill to amend an Act placing the sheriff of Talbot County upon an annual salary, so as to provide for additional deputies, their com pensation and method of payment; and for other purposes.
SATURDAY, MARCH 2, 1968
2563
HB 1468. By Mr. Steis of the 100th:
A Bill to amend an Act creating the office to tax commissioner of Talbot County, so as to change the compensation of the tax commissioner; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1370. By Mr. Nimmer of the 84th:
A Bill to amend an Act creating the office of commissioners of roads and revenues of the County of Brantley, so as to reduce the number of commissioners; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 927. By Mr. Harrison of the 98th:
A Bill to create a new charter for the Town of Homeland, in the County of Charlton and to reincorporate said town as a city, and define its territorial limits; and for other purposes.
HB 1112. By Mr. Harrison of the 98th:
A Bill to amend an Act creating and establishang a new charter for the City of Folkston, so as to authorize the mayor and council to appoint by resolution a city manager; and for other purposes.
HB 1373. By Mr. Nimmer of the 84th:
A Bill to create the Brantley County Development Authority; to provide for issuing revenue-anticipation certificates and for the validation of such certificates; and for other purposes.
HB 1433. By Mr. Branch of the 74th:
A Bill to amend an Act providing for a new charter for the City of Baxley, so as to provide that the mayor shall have a vote on all matters before the council; and for other purposes.
HB 1051. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to amend Title 34 of the Code of Georgia, relating to elections, so as to provide for additional deputy registrars; to provide that certain
2564
JOURNAL OF THE HOUSE,
tax commissioners or tax collectors shall be a deputy to certain boards of registrars; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1173. By Mr. Malone of the 117th:
A Bill to amend an Act to incorporate Doraville, and to appoint commis sioners for the same, so as to redefine the corporate limits; and for other purposes.
The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 592-1241. By Messrs. Melton and Brown of the 34th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to establish and administer sanitation, sewerage and fire protection districts within the unincorporated areas of said county and to levy taxes, issue bonds and have the power of eminent domain in connection therewith; and for other purposes.
The Senate has adopted, as amended, by the requisite constitutional Majority the following Resolution of the House, to-wit:
HR 628-1373. By Mr. Nimmer of the 84th:
A Resolution proposing an amendment to the Constitution so as to create the Brantley County Development Authority; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House; to-wit:
HR 664-1435. By Mr. Roach of the 15th:
A Resolution proposing an amendment o the Constitution so as to authorize the governing authority of Cherokee County to establish and administer fire protection districts in said county; and for other pur poses.
HR 671-1446. By Mr. Parker of the 55th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Screven County to levy a tax not
SATURDAY, MARCH 2, 1968
2565
to exceed one mill to be set aside and used by the Sylvania-Screven Airport Authority; and for other purposes.
HR 675-1458. By Mr. Floyd of the 7th:
A Resolution proposing an amendment to the Constitution, so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; and for other purposes.
HR 676-1458. By Mr. Floyd of the 7th:
A Resolution proposing an amendment to the Constitution so as to provide that the proceeds of ad valorem taxes collected on motor vehicles by Chattooga County may be used by the governing authority of said county in the same calendar year in which such taxes are col lected; and for other purposes.
HR 678-1464. By Mr. Bowen of the 69th:
A Resolution proposing an amendment to the Constitution so as to create the Dooly County Industrial Development Authority; and for other purposes.
SR 157. By Senators Broun of the 46th, and Kilpatrick of the 44th:
A Resolution proposing an amendment to the Constitution so as to provide that all appointments made by the Governor shall be submitted to the State Senate for confirmation or rejection; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The Senate has adopted the following Resolution of the House, to-wit:
HR 780. By Mr. Murphy of the 26th: A Resolution relative to adjournment; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:
SB 387. By Senator Smalley of the 28th:
A Bill to provide that a person serving with or without compensation as a member, director, trustee or officer of any public, charitable or non-profit hospital, institution or organization shall not be liable for certain acts or omissions to act; and for other purposes.
2566
JOURNAL OF THE HOUSE,
SB 393. By Senator Johnson of the 42nd:
A Bill to amend an act providing for personal jurisdiction over any non-resident, or his executor or administrator, as to a cause of action arising from the transaction of business within this State; to repeal conflicting laws; and for other purposes.
HB 894. By Mr. Thompson of the 110th:
A Bill to amend Code Section 53-204, relating to the application and issuance of marriage licenses, so as to provide alternative methods of obtaining parental consent v/hen the parents or guardians of under age applicants reside in a jurisdiction other than the jurisdiction where the marriage license is to be issued; and for other purposes.
HB 897. By Mr. Douglas of the 60th:
A Bill to amend Code Section 49-102, relating to natural guardians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety; and for other purposes.
HB 1087. By Messrs. McDaniell and Howard of the 101st, Snow of the 1st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A Bill to authorize and empower the governing authority of munici palities to provide by resolution, that any person who is a resident of the municipality and who is registered as an elector with the board of registrars shall be eligible to vote in a municipal primary or election; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SR 157. By Senators Broun of the 46th and Kilpatrick of the 44th:
A Resolution proposing an amendment to the Constitution so as to provide that all appointments made by the Governor shall be submitted to the State Senate for confirmation or rejection; and for other pur poses.
Referred to the Committee on State of Republic.
SB 387. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide that a person serving with or without compensation as a member, director, trustee or officer of any public, charitable or non-profit hospital, institution or organization shall not be liable for certain acts or omissions to act; and for other purposes.
Referred to the Committee on Judiciary.
SATURDAY, MARCH 2, 1968
2567
SB 393. By Senator Johnson of the 42nd: A Bill to be entitled an Act to amend an Act providing for personal jurisdiction over any non-resident, or his executor or administrator, as to a cause of action arising from the transaction of business within this State; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 1474. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, Cooper of the 103rd and others:
A Bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to increase the jurisdiction of said court; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1474 as fol lows:
By adding in the caption after the phrase:
"so as to increase the jurisdiction of said court"
the following:
"to provide for affidavits by any officer authorized to administer oaths in Attachments and Garnishments and approval of the bonds thereof by the clerk of said court;".
By adding in the caption after "December 31, 1968" the following:
"to change the salary of the judges of said court;".
By adding to the end of the quoted portion of Section 1 the follow ing:
"The judges of said court shall also have power to administer oaths and take affidavits.
"Affidavits for Attachment and Garnishment proceedings may be made before any officer authorized by law to administer oaths, but all bonds in such proceedings shall be approved by the Clerk of said Court."
2568
, ,
JOURNAL OF THE HOUSE,
By striking the fourth sentence of quoted Section 17 of Section 2 in its entirety and inserting in lieu thereof a new sentence to read as follows:
"The said court shall be a court of record and such clerk shall have authority to file all papers, suits, etc., sign and issue all summons, process, criminal warranty and executions, including the power to administer oaths and take affidavits and, among others, attachment and garnishment proceedings, illegalities, counter affidavit to any proceedings from said court, statutory awards, pro ceedings against intruders and tenants holding over, partitition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens on real estate and personal property, pos sessory warrants and dispossessory warrants and other like pro ceedings and processes, and make all necessary records and entries on the docket, and to perform such duties as required by the judge of said court, not inconsistent with the law."
By renumbering Sections 3, 4 and 5 to Sections 4, 5 and 6 re spectively and adding a new Section 3 to read as follows:
"Section 3. Said Act is further amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows:
'Section 23. The salary of the judges of the Civil and Criminal Court of Cobb County shall be $19,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. The clerk of the Civil and Criminal Court shall receive an annual salary of $10,500.00, payable in equal monthly installments from the funds of Cobb County. The deputy clerks and other administrative per sonnel of said court shall receive such compensation as shall be fixed by the governing authority of Cobb County.' "
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1571. By Mr. Dean of the 20th: A Bill to require the Board of Commissioners of Roads and Revenues of Polk County, Georgia, to conduct an annual audit of finances; and for other purposes.
The following amendment was read and adopted:
SATURDAY, MARCH 2, 1968
2569
The Committee on Local Affairs moves to amend HB 1571 as follows:
By striking from Section 2 the following:
"on or before January 31, annually,"
and inserting in lieu thereof the following:
"annually"
and by adding between the word "year" and the word "and" in the last sentence the following:
"and such other period of time as the governing authority may direct"
And by striking the word "said" in the second sentence of section 2 and inserting in lieu thereof the word "a".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1618. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd and Henderson of the 102nd:
A Bill to amend an Act creating a new charter for the City of Elizabeth, so as to reincorporate the Town of Elizabeth, as Empire City; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1618.
By adding to the end of the quoted portion of Section 19 of Section 1 thereof, the following:
"Nothing herein shall prevent the maintenance of the names of the abolished cities as designating the areas in which they existed or affect any Militia District names."
2570
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1628. By Mr. Moate of the 39th:
A Bill to reincorporate the City of Sparta in the County of Hancock; to create a new charter for said city; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1628 as follows:
By striking subsection (c) of Section 1.03 in its entirety and by relettering subsections (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), and (x) as subsections (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v) and (w), respectively.
By striking the figure "1.50" from Section 5.07 and inserting in lieu thereof the figure "1.00".
The report of the Committee which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 354. By Senators Hensley of the 33rd and Chapman of the 32nd: A Bill to be entitled an Act to create the Governmental Reorganization Study Commission of Cobb County; and for other purposes.
The following amendments were read and adopted:
The Local Affairs Committee moves to amend SB 354 as follows:
SATURDAY, MARCH 2, 1968
2571
By adding at the end of subsection (h) of Section 3 the following:
"Such report and any recommendations of the Commission for needed legislation shall be submitted as hereinbefore provided on or before the first day of October 1968 and 1969."
Striking from Section 9 "December 31, 1971", and substituting in lieu thereof the following: "October 1, 1969."
The Local Affairs Committee moves to amend SB 354 as follows:
By adding to the end of Section 5 (a) the following:
"Provided, however, the total amount to be appropriated to the Commission shall not exceed $15,000 for the full period of its existence, unless the participating political subdivisions shall un animously agree to appropriations being made to the Commission in excess of such figure."
The Local Affairs Committee moves to amend SB 354 as follows:
By inserting in the title immediately before the phrase, "to provide that the Commission may be authorized to accept donations"; the fol lowing: "to provide that participation in the Commission on the part of the municipalities in Cobb County shall be voluntary;".
By renumbering Sections 6, 7, 8, 9, 10 and 11 as Sections 7, 8, 9, 10, 11 and 12, respectively, and by adding a new section immediately following Section 5 to be designated Section 6 and to read as follows:
"Section 6. Any other provisions of this Act to the contrary notwithstanding, participation in the Commission created by this Act on the part of the municipalities named in this Act shall be voluntary. If any such municipality elects not to participate in the Commission, such municipality shall not be entitled to appoint members of the Commission as provided in Section 1 of this Act, and the total membership of the Commission, as provided in Section 1, shall be reduced accordingly. Any such municipality shall make the election of whether or not it will participate in the Commission within 60 days after the effective date of this Act by notifying, in writing, the Chairman of the Board of Commissioners of Roads and Revenues of Cobb County of its decision. Failure to so notify said Chairman within said time limitation, shall be deemed to be a decision in favor of participation in said Commission. If any such municipality elects not to participate in said Commission, the ap propriations provided for in Section 5 of this Act shall not apply to such municipality, and the operating cost of the Commission shall be borne by Cobb County and the municipalities electing to participate on the basis provided for in Section 5 of this Act."
By striking the word "in" where it appears between the word "abolished" and the word "December" in renumbered Section 10 and inserting in lieu thereof the word "on".
2572
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 776. By Messrs. Maxwell and Fleming of the 106th, Dent and Cheeks of the 104th, Sherman and DeLong of the 105th:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in the County of Richmond, so as to fix the date of the election for members of the County Board of Education hereafter elected on the first Tuesday after the first Monday in all future 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 1573. 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 authorize the Board to employ and fix the compensation of additional employees for other county offices under certain conditions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1574. By Messrs. Dean and Moore of the 20th: A Bill to be entitled an Act to provide that in certain counties the governing authorities thereof shall adopt a uniform central accounting
and bookkeeping system; and for other purposes.
SATURDAY, MARCH 2, 1968
2573
The report 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 1582. By Mr. Conner of the 41st:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Bacon 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1619. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd and Wilson of the 102nd:
A Bill to be entitled an Act to repeal an Act incorporating Machinery City in the County of Cobb; and for other purposes.
The report 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 1623. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing in lieu thereof an annual salary for the Ordinary, so as to change the compensation of the Ordinary; and for other purposes.
2574
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 1624. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing in lieu thereof an annual salary for the Sheriff, so as to change the compen sation 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1625. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act abolishing the present method of compen sating the clerk of the superior court of Fayette County, so as to change the compensation of the clerk of the superior court of Fayette 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 1626. By Messrs. Northcutt, Lee and Gary of the 35th: A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Fayette County into the office of Tax Commissioner of Fayette County; and for other purposes.
SATURDAY, MARCH 2, 1968
2575
The report 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 1627. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to amend an Act to create and in corporate the City of Morrow in the County of Clayton, so as to provide for a referendum for an nexation of property to be held within six months after passage of this Act; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1630. By Messrs. Gates, Turner and Cook of the 123rd and Hill of the 121st:
A Bill to amend an Act establishing a new charter for the City of Roswell, so as to change the terms of office of the mayor and council; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1631. By Messrs. Howard of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd: A Bill to be entitled an Act amending, revising, consolidating and superseding several Acts incorporating the Town of Austell and reincorporating said Town as a City; and for other purposes.
2576
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.
SB 190. By Senators Smith of the 34th and Johnson of the 38th: A Bill to be entitled an Act to amend an Act creating a county planning commission and board of zoning appeals in counties having a population of 300,000 or more; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 241. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend an Act for the protection of pension rights of county employees; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 242. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend an Act providing a system of pensions for members of paid fire departments in cities having a popula tion of more than 150,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SATURDAY, MARCH 2, 1968
2577
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 243. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act providing for pensions to employees of cities having a population of more than 150,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 328. By Senators Johnson of the 42nd, Conway of the 41st, and Miller of the 43rd:
A Bill to be entitled an Act to amend an Act establishing the DeKalb County Planning Commission and empowering it to adopt a "mapped streets plan"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 330. By Senators Padgett of the 23rd and Holley of the 22nd:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters in counties having a population of not more than 140.000 nor less than 135,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2578
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 378. By Senators Coggin of the 35th, Johnson of the 38th, Sells of the 37th and others.
A Bill to be entitled an Act to amend an Act so as to change the pro visions relating to the election of the Mayor and Councilmen of the City of Hapeville; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1388. By Messrs. Odom, Hutchinson, Lee and Busbee of the 79th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to authorize the City Commissioners to excuse absences of Commissioners from meetings under certain con ditions; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Governments moves to amend HB 1388 by striking the last paragraph of Section 1 of said Bill in its entirety.
Mr. Busbee of the 79th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0. The Senate amendment to HB 1388 was agreed to.
SATURDAY, MARCH 2, 1968
2579
The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:
HR 592-1241. By Messrs. Melton and Brown of the 34th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Spalding County to establish and ad minister sanitation, sewerage and fire protection districts within the unincorporated areas of said county and to levy taxes, issue bonds and have the power of eminent domain in connection therewith; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment, administration and maintenance of fire protection districts in Spalding County; to provide for the levy of taxes in con nection therewith with no exemptions from taxation being allowed; to provide lor a referendum to be held in any affected area; to provide for the issuance of bonds in connection therewith in addition to the maximum debt limitations of such county; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1: Article VII, Section IV, Paragraph III of the Constitu tion 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 Spalding County the authority to district areas outside the City of Griffin in said County for the purpose of providing fire protection services and systems of fire protection. The General Assembly is further empowered to author ize said County, or its governing authority, to levy a tax or taxes only upon the taxable property in such districts for the purpose of providing such services and systems of fire protection and construc ting and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any proposed district voting in an election for that purpose held as provided by the General Assembly, and the levy of any such tax shall be made without the grant or allowance of any exemptions from taxations as set forth in Article VII, Section I, Paragraph IV, or in any other provision, of the Constitution or as set forth by the laws of this State. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly is further authorized to empower the govern ing authority of said County to issue bonds in an amount not ex ceeding ten per centum (10%) of the assessed value of all of the taxable property located in any such district subject to taxation for bond purposes, and any such bonds issued or debts incurred in and
2580
JOURNAL OF THE HOUSE,
for any such district shall not affect the amount of bonds Spalding County may issue, or the amount of debts said County may incur, for other puropses under Article VII, Section VII, Paragraph I of the Constitution, or under any other provision of the Constitution, or under the laws of this State, and such bonds as herein authorized may be issued in addition thereto. The General Assembly is further authorized to grant said County the authority to enter into con tracts with private persons, private corporations, municipal corpora tions, public bodies, political subdivisions and agencies of this State for the purpose of establishing and maintaining such dis tricts and providing the fire protection services and systems as herein set out."
Section 2: When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize NO ( ) the General Assembly of Georgia to empower the gov erning authority of Spalding County to establish and administer fire protection districts and levy taxes on the property in such districts, without the allowance of any exemptions from taxation, after the assent of a majority of the qualified voters voting in an elec tion held thereon in the affected area?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
Mr. Brown of the 34th moved that the House agree to the Senate substitute.
On the motion, the ayes were 137, nays 0.
The Senate substitute to HR 592-1241 was agreed to.
SATURDAY, MARCH 2, 1968
2581
Under the general order of business established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 1550. By Messrs. Odom of the 79th, Wilson of the 102nd, Paris of the 23rd, Cook of the 123rd, Floyd of the 7th and Pickard of the 112th:
A Bill to be entitled an Act to authorize the insurance of all the State's employees, including employees of Authorities, Commissions, Bureaus, and Boards of the State, for the receipt of benefits as prescribed by the State's Workmen's Compensation Statutes; and for other purposes.
The following amendment was read and adopted:
Mr. Egan of the 141st moves to amend HB 1550 by striking the first sentence of Section 1 and substituting the following:
"The Governor shall keep all the employees of the State of Georgia, including employees of Authorities, Commissions, Bureaus, and Boards of the State covered by Workmen's Compensation insur-
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 1550, as amended, was ordered immediately trans mitted to the Senate.
SB 218. By Senators Maclntyre of the 40th, Plunkett of the 30th and Abney of the 53rd: A Bill to be entitled an Act to create the Georgia Commission on the Arts; 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 94, nays 16.
2582
JOURNAL OF THE HOUSE,
The Bill, having failed to received the requisite constitutional majority, was lost.
Mr, Levitas of the 118th served notice that at the proper time, he would ask the House to reconsider its action in failing to give the requisite constitutional majority to SB 218.
SB 299. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure 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 Solicitors-General of the Superior Courts; 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1061. By Messrs. Wood of the 16th and Vaughn of the 117th:
A Bill to be entitled an Act to provide that the State Highway Depart ment of Georgia shall have the power to grant permits to utilities to use or occupy portions of roads or streets on the State Highway System and on other roads and streets in which the Department holds title to the right-of-way; and for other purposes.
By unanimous consent, further consideration of this Bill was postponed until Monday, March 4, 1968.
SB 363. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act pertaining to the State Highway Department of Georgia paying or paticipating in the payment of the cost of relocating certain untility lines; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
SATURDAY, MARCH 2, 1968
2583
Mr. Vaughn of the 117th District moves to amend SB 363 as follows:
1. By striking from the caption of said bill in lines 10 and 11, and by striking from Section 1, second paragraph, lines 9 and 10, the following language:
"or by authorities controlled by such municipal corporations, counties, or other governmental subdivisions"
and inserting in lieu thereof the following language:
"or by authorities created under the Laws of the State of Geor gia pertaining to public utilities".
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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 214. By Senator Lee of the 47th: A Bill to be entitled an Act to provide a different statute of limitations on any action, whether in contract, in tort or otherwise; and for other purposes.
The following amendment was read and adopted:
A BILL
To be entitled an Act To provide a statute of limitations on certain actions to recover damages for deficiencies in connection with improve ments to real property, for injury to person or property, real or person al, or for wrongful death arising out of any such deficiency; to provide for an extension of this statute of limitations under certain circum stances; to provide when the limitations prescribed by this Act may not be asserted as a defense; to repeal conflicting laws if any; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
No action to recover damages:
2584
JOURNAL OF THE HOUSE,
(1) for any deficiency in the survey or plat, planning, design, specifications, supervision or observation of construction or construc tion of an improvement to real property,
(2) for injury to property, real or personal, arising out of any such deficiency, or
(3) for injury to the person or for wrongful death arising out of any such deficiency,
shall be brought against any person performing or furnishing the survey or plat, design, planning, supervision or observation of construction, or contruction of such an improvement more than eight years after sub stantial completion of such an improvement.
SECTION 2
Notwithstanding the provisions of Section 1 of this Act, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the seventh or eighth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two years after the date on which such injury occurred (irrespective of the date of death) but in no event may such an action be brought more than ten years after the substantial completion of construction of such an im provement.
SECTION 3
Nothing in this Act shall extend the period of limitations prescribed by the law of this State for the bringing of any action or postpone the time as of which a cause of action accrues.
SECTION 4
The limitation prescribed by this Act shall not be asserted as a defense by any person who would otherwise be entitled to its benefits but who is in actual possession or control, as owner, tenant, or other wise, of such an improvement at the time any deficiency of such an im provement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.
SECTION 5
As used in this Act, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.
SECTION 6
As used in this Act the phrase "substantial completion" shall mean the date when construction was sufficiently completed, in accordance
SATURDAY, MARCH 2, 1968
2585
with the contract, as modified by any change order agreed to by the parties, so that the owner could occupy the project for the use for which it was intended.
SECTION 7
Any laws and parts of law in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, by substitute, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 671. By Messrs. Palmer and Vaughn of the 117th, Jenkins of the 119th and 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 change the provisions relating to creditable service for prior teaching in other State or independent school systems; and for other purposes.
The following amendment was read and adopted:
Mr. Barber of the 24th moves to amend HB 671 by inserting at the end of Section 5A, located in Section 1 of said bill, the following.
"A teacher desiring to establish credit for service rendered in another state that does not permit credit for out-of-state service must pay, in addition to the amount provided for herein, the em ployer's amount which would have been paid, plus interest at the rate of 3% compounded annually.
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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
2586
JOURNAL OP THE HOUSE,
By unanimous consent, HB 671, as amended, was ordered immediately trans mitted to the Senate.
Mr. Williams of the 16th was granted leave of absence because of illness.
Mr. Parker of the 55th was granted leave of absence because of a previous commitment.
Pursuant to HR 780, adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, Monday morning, March 4, 1968
MONDAY, MARCH 4, 1968
2587
Representative Hall, Atlanta, Georgia Monday, March 4, 1968
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. W. Jack Lamb, Pastor, First Methodist Church, Toccoa, 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, Monday, March 4, 1968, and submits the following:
HB
44. Civil liability, aid law enforcement office.
HB
325. Civil cases, deposit on court cases. (Tabled).
2588
JOURNAL OP THE HOUSE,
HB
881. Traffic violations, point system.
HB
910. Fair Market Value, property 40% of value.
HR 399- 912. Development Authorities, create.
HR 426- 941. Removal of Appointed Constitutional Officers.
HB
982. Motor fuel, distributors increase Excise Tax (Reconsidered).
HB
984. Motor fuel tax, purchased out of State.
HB 1050. Retirement System, employment after retirement.
HB 1061. Highway Department, grant permits to utilities (Postponed).
HB 1165. Non-resident, doing business in State.
HR 537-1179. Ad valorem taxes, persons exempt.
HB 1197. Negotiable instruments, real estate tax (Reconsidered).
HR 596-1247. Sales Tax, personal property, out of State.
HB 1311. Pornographic material, unlawful to sell.
HB 1333. Commercial feed stuffs, inspection fees.
HB 1336. Stock and livestock, terms include horses.
HB 1338. Livestock, buying and selling, term include horses.
HB 1420. Municipal and counties, create Planning Department.
HB 1423. Elective officers, tenure salary (Reconsidered).
HB 1438. Firearms and weapons, possessions of (Reconsidered).
HR 679-1465. Levy of taxes, Fulton County.
HB 1478. Motor carriers taxes, use of streets and highways.
HB 1489. Sales tax, catfish and feed, stocking fish ponds.
HB 1586. Radiation, control, site for storage of wastes.
HB 1622. Tugboats, persons or firms, tax returns.
HR 781-1631. Governor's Traffic Safety Study Committee; create.
SB
30. Trial Judges and Solicitor's Retirement Fund.
SB
31. Superior Court Judges' Emeritus.
SB
314. Sales Tax, saw dust and wood shavings.
All Compensation Resolutions.
All Local Contested Bills.
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.
MONDAY, MARCH 4, 1968
2589
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:
HB 1651. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Waverly Hall in Harris County, so as to change the term of office of the Mayor and Council; to change the punishment of offenders against the ordinances of said town; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1652. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend an Act creating and establishing the City Court of Habersham County, so as to provide that in all matters pertaining to service, pleadings, practice, notice and appeal the law governing the Superior Courts shall govern the City Court of Habersham County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1653. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act repealing an Act incor porating the Town of Midway and creating a charter for the City of Midway in the County of Liberty, so as to change the compensation of the mayor and council; and for other purposes.
Referred to the Committee on Local Affairs.
HR 806-1653. By Messrs. Mason and Nash of the 22nd:
A Resolution proposing a constitutional amendment so as to change the provisions relating to the filling of vacancies on the Board of Education of Gwinnett County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1654. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, and the ordinary of Dougherty County upon an annual salary, so as to change the compensation of the ordinary of Dougherty County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1655. By Mr. Paris of the 23rd:
A Bill to be entitled an Act to amend an Act to comprehensively an! exhaustively revise, supersede and consolidate the laws relating to the
2590
JOURNAL OF THE HOUSE,
State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for the confinement of federal prisoners in institutions operated under the jurisdiction of the State Board of Cor rections; and for other purposes.
Referred to the Committee on State Institutions and Property.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 1648. By Mr. Wilson of the 102nd:
A Bill to be entitled an Act to amend Code Sec. 32-1201, relating to the merger of independent school systems, so as to provide the procedures which shall govern whenever the citizens of an independent school dis trict authorized by law to establish and maintain a system of schools by local taxation wish to annul their special school law and become a part of the county school system; and for other purposes.
HB 1649. By Mr. Maxwell of the 106th:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the solicitor general of the Augusta Judicial Circuit and placing him upon an annual salary, so as to change the compensation of the solicitor general; and for other purposes.
HB 1650. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend Code Section 23-1109, relating to fees of county surveyors, so as to make the provisions pertaining to counties with population of 17,000 or over apply to counties with less than 17,000 population; to strike the fee schedule for county surveyors of counties with less than 17,000 population; and for other purposes.
SR 157. By Senators Broun of the 46th and Kilpatrick of the 44th:
A Resolution proposing an amendment to the Constitution so as to pro vide that all appointments made by the Governor shall be submitted to the State Senate for confirmation or rejection; and for other purposes.
SB 387. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide that a person serving with or without compensation as a member, director, trustee or officer of any public, charitable or non-profit hospital, institution or organization shall not be liable for certain acts or omissions to act; and for other purposes.
MONDAY, MARCH 4, 1968
2591
SB 393. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act providing for personal jur isdiction over any non-resident, or his executor or administrator, as to cause of action arising from the transaction of business within this State; and for other purposes.
The following communication was received and read:
March 4, 1968
Honorable George L. Smith II Speaker of the House of Representatives State of Georgia State Capitol Atlanta, Georgia 30334
Dear Speaker Smith:
Pursuant to the provisions of Article V, Section I, Paragraph XV of the Constitution of Georgia, the following House Bills passed and adopted at the 1968 Session of the General Assembly of Georgia were vetoed by me for the reasons set forth below:
HB 918--By Representative Rush of the 75th, amending an Act creating a Board of Commissioners of Roads and Revenues for Tattnall County, so as to change the number of commissioners; and for other purposes. This bill was vetoed at the author's request.
HB 919--By Representative Rush of the 75th, providing for the election of members of the Board of Education of Tattnall County; and for other purposes. This bill was vetoed at the author's request.
This 4th day of March, 1968.
Respectfully submitted, Lester Maddox Governor
Mr. Barber 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 Bills and Resolutions of the House and has instructed me as Chairman to report the same back to the House with the following recommendations:
2592
JOURNAL OF THE HOUSE,
HB
995. Do Pass.
HB 1180. Do Pass by Substitute.
HB
952. Do Pass as Amended.
HB 1424. Do Pass.
HE
656. Do Pass.
HB
711. Do Pass.
HR 714-1514. Do Pass.
HB 1608. Do Pass.
HB 1648. Do Pass.
HR
793. Do Pass.
HR
773. Do Pass.
Respectfully submitted,
Barber of the 24th
Chairman.
Mr. Pickard of the 112th District, Chairman of the Committee on Industry, submitted the following report:
Your Committee on Industry has had under consideration the following Bills and Resloutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1472. Do Pass.
HB 1636. Do Pass.
HR 784-1636. Do Pass.
HR 398- 912. Do Pass as Amended.
SB
366. Do Pass.
Respectfully submitted,
Pickard of the 112th
Chairman.
Mr. Harris of the 118th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Reso lutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
MONDAY, MARCH 4, 1968
2593
HR 786-1643. Do Pass as Amended.
HR
774. Do Pass.
Respectfully submitted Harris of the 118th 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 Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1647. Do Pass.
HR 731-1589. Do Pass.
HR 785-1636. Do Pass.
SB
342. Do Pass.
SB
380. Do Pass.
SR
207. Do Pass.
HB 1645. Do Pass.
HB 1486. Do Pass as Amended.
Respectfully submitted Clarke of the 45th Chairman
Mr. Williams of the 16th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 703. Do Pass as Amended.
Respectfully submitted Williams of the 16th Chairman
2594
JOURNAL OF THE HOUSE,
Mr. Dorminy of the 72nd District, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the 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 1650. Do Pass. HR 803. Do Pass. HR 801. Do Pass. HB 1508. Do Not Pass. HB 1559. Do Not Pass.
Respectfully submitted Dorminy of the 72nd Chairman
Mr. Busbee of the 79th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
SB 17. Do Pass. Respectfully submitted Busbee of the 79th Vice-Chairman
Mr. Chandler of the 47th District, Chairman of the Committee on State Insti tutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 396-912. Do Pass by Substitute. Respectfully submitted Chandler of the 47th Chairman
MONDAY, MARCH 4, 1968
2595
Mr. Peterson of the 59th District, Vice-Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means 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 1607. Do Pass.
HR 436- 952. Do Pass.
Respectfully submitted
Peterson of the 59th Vice-Chairman
By unanimous consent, all Bills and Resolutions passed the House this day were ordered immediately transmitted to the Senate.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 1632. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Vaughn, Palmer and Malone of the 117th and Davis, Westlake and Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act creating and establishing a Recorder's Court for DeKalb County, so as to provide that the Clerk of the Recorder's Court may take affidavits for the issuance of warrants and issue warrants thereon, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1639. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to change the compensation of the mayor and councilmen; and for other purposes.
2596
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1641. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Irwin County into the single office of Tax Com missioner of Irwin County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1647. By Messrs. Matthews and Farmer of the 29th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to provide for the time of holding the annual municipal election; to provide that any person who holds a municipal elective office may not hold any other public elective office at the same time; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 380. By Senator Kennedy of the 4th: A Bill to be entitled an Act to incorporate the City of Daisy in Evans County, and provide a charter for said city; and for other purposes.
MONDAY, MARCH 4, 1968
2597
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 342. By Senator Kennedy of the 4th:
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 Evans, so as to change the compensation of the Chairman and members of said Board; and for other purposes.
The following amendments was read and adopted:
Mr. Brantley of the 63rd moves to amend Senate Bill No. 342 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws;" the following: "to change the provisions relating to the compensation of the clerk of the Board of Commissioners;".
By striking from subsection (b) of quoted Section 15 of Section 1 the following sentence:
"He shall receive compensation for all his duties as such clerk in the amount of $50.00 per month.",
and inserting in lieu thereof a new sentence to read as follows:
"He shall receive compensation for all his duties as such clerk in such amount as shall be prescribed by said Board."
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.
2598
JOURNAL OF THE HOUSE,
HR 732-1597. By Messrs. Vaughan and Harris of the 14th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the powers of county government; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Bartow County may district said county to provide water, sewage, garbage disposal, electricity, gas or fire protection services. Said governing authority is hereby authorized to levy a tax upon the taxable property in said county for the purpose of constructing and maintaining facilities for such services."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals 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 prorposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Bartow County to provide water, sewage, garbage disposal, electricity, gas or fire
NO ( ) protection services and to levy a tax for the purpose of constructing and maintaining facilities for such services?"
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.
MONDAY, MARCH 4, 1968 The following amendment was read and adopted:
2599
The Committee on Local Affairs moves to amend House Resolution No. 7321597 as follows:
By striking in the quoted portion of Section 1 and in the question in Section 2 the following:
"electricity, gas".
And, by adding in the second sentence of the quoted portion of Sec tion 1 after the word "county" the following:
"or district".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Busbee Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell
Conner Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dixon Dodson Dollar Douglas Edwards Egan Fallin Farmer Farrar Floyd Funk Gary
Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M.
2600
JOURNAL OF THE HOUSE,
Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller
Mixon Moore, Don C. Mullinax Nash Nessmith Newton Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Ragland Rainey 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. Starnes Steis Sullivan Sweat Thompson, A. W. Townsend Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bostick Bowen Bray Brown, C. Buck Caldwell Games Clarke Cox Dillon Dorminy Doster Fleming
Hadaway Hall Henderson Hill Jenkins Jones, M. Lambert Levitas Matthews, D. R. Moate Moore, J. H. Moreland Murphy Odom
Oglesby Paris Parrish Pickard Snow Stalnaker Thompson, R. Threadgill Tucker Vaughan, D. N. Ware Wiggins Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted, as amended.
MONDAY, MARCH 4, 1968
2601
HE 740-1616. By Messrs. Vaughan and Malone of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution to provide that not withstanding the Seven (7%) Per Cent debt limitation provided in Article VII, Section VII, Paragraph I, the debt incurred by the Rockdale County Board of Education for the Rockdale County School District may exceed Seven (7%) Per Cent of the assessed value of all the taxable property in said school district, but shall not exceed Ten (10%) Per Cent thereof; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding to the end thereof the following:
"Notwithstanding the Seven (7%) Per Cent limitation herein provided, the debt incurred by the Rockdale County Board of Edu cation for the Rockdale County School District may exceed Seven (7%) Per Cent of the assessed value of all the taxable property therein, but shall not exceed Ten (10%) Per Cent of such assessed value."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to increase the debt limitation in the Rockdale County School Dis-
NO ( ) trict from Seven (7%) Per Cent to Ten (10%) Per Cent of assessed values of all taxable property therein?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this
2602
JOURNAL OF THE HOUSE,
State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The Report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Busbee Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cooke Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson
Dixon Dodson Dollar Douglas Edwards Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hale Hamilton Hargrett Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G.
Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moore, Don C. Mullinax Nash Nessmith Newton Nimmer Northcutt Otwell
Pafford Palmer Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell
MONDAY, MARCH 4, 1968
Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Starnes Steis Sullivan Sweat Thompson, A. W.
2603
Townsend Turner
Tye
Underwood Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bo stick Bo wen Bray Brown, C. Buck Caldwell Carnes Clarke Cox Dillon Dorminy Doster Fleming
Hadaway Hall Henderson Hill Jenkins Jones, M. Lambert Le vitas Matthews, D. R. Moate Moore, J. H. Moreland Murphy Odom
Oglesby Paris Parrish Pickard Snow Stalnaker Thompson, R. Threadgill Tucker Vaughn, D. N. Ware Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
HR 785-1636. By Mr. Nash of the 22nd:
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 employees of Gwinnett County other than elected officials; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
2604
JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP 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 is hereby authorized to provide by law for the creation of a Merit System of employment for any or all present and future employees of Gwinnett County, other than officials elected by the people. The General Assembly is further authorized to provide by law for all matters and procedures con nected with the creation of such Merit System."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as
amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the creation of a Merit System of employment for any
NO ( ) or all present and future employees of Gwinnett County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The Report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
MONDAY, MARCH 4, 1968
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson
Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Busbee Gates Cato Chandler Cheeks Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dixon Dodson Dollar Douglas Edwards Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves
Grier Gunter
Hale Hamilton Hargrett Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard Howell
Hutchinson Johnson, A. S. Johnson, B. Joiner
Jones, C. M. Jordan, G.
Jordan, W. H. Kaylor Kirksey Knapp
Laite Lambros Land
Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard
Lewis Longino
Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey
McCracken McDaniell Melton Merritt
Miller Mixon Moore, Don C. Mullinax
Nash Nessmith
2605
Newton Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Ragland Rainey 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. Starnes Steis Sullivan Sweat Thompson, A. W. Town send Turner Tye Underwood Vauehn, C. R. Walling Wamble Ward Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
2606
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Barfield Bostick Bowen Bray Brown, C. Buck Caldwell Carnes Clarke Cox Dillon Dorminy Doster Fleming
Hadaway Hall Henderson Hill Jenkins Jones, M. Lambert Levitas Matthews, D. R. Moate Moore, J. H. Moreland Murphy Odom
Oglesby Paris Parrish Pickard Snow Stalnaker Thompson, R. Threadgill Tucker Vaughan, D. N. Ware Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
SR 194. By Senator Noble of the 19th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create the Cochran-Bleckley School System by merging the independent school sys tem of the City of Cochran and the county school system of Bleckley County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Effective at the time and in the manner provided hereinafter, there is hereby created the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley County.
There is hereby created the board of education of the CochranBleckley School System. Said board shall be composed of five (5) members as follows: two (2) members shall be residents of the City of Cochran; two (2) members shall be residents of the county out side the corporate limits of the City of Cochran; and one member shall be from the County at Large. All members shall be elected by the voters of the entire county.
MONDAY, MARCH 4, 1968
2607
The terms, compensation, manner of election, time of election, powers, duties, authority, and all other matters relative to said board shall be provided by law. The independent school system of the City of Cochran and the board of education thereof, and the county school system of Bleckley County and the board of education thereof, shall continue to exist until July 1, 1969, on which date the Cochran-Bleckley School System and the board of education thereof shall come into existence.
The board shall elect the school superintendent of the CochranBleckley School System. The school superintendent of the independ ent school system of the City of Cochran and the county school super intendent of the county school system of Bleckley County shall con tinue to serve as such and such offices shall continue to exist until July 1, 1969, upon which date the office of school superintendent of the Cochran-Bleckley School System shall come into existence. The duly elected county school superintendent of Bleckley County shall continue to serve as the superintendent of the Cochran-Bleckley School System until July 1, 1970, after which time the board shall elect the school superintendent.
The governing authority of Bleckley County is hereby author ized to levy a tax for the support and maintenance of education of not more than 20 mills, but the provisions for removing or increas ing such limitation shall be the same as provided in Article VIII, Section XII, Paragraph I of the Constitution, as amended. The governing authority shall levy the amount designated by the board of education.
The General Assembly shall provide by local law for all matters relative to the Cochran-Bleckley School System, the board of educa tion thereof, and the superintendent thereof. The General Assembly may provide in such local law that such provisions of general law as deemed advisable, relative to county boards of education, county school superintendents and county school systems, shall be appli cable to the system, board and superintendent created herein. On the date provided for herein for the new system to come into existence, all property and facilities and all assets, debts and obligations of the two systems so merged shall become the property, facilities, assets, debts and obligations of the Cochran-Bleckley School System. Even though the merged system and the board and the superintend ent thereof shall not replace the present systems, boards and super intendents until July 1, 1969, the General Assembly is hereby author ized to provide for such matters as shall be necessary prior to that date, such as election of members, election by the board of the superintendent and other necessary or related matters. The General Assembly is hereby authorized to amend any local law enacted pur suant to this amendment."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
2608
JOURNAL OF THE HOUSE,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Cochran-Bleckley School System by merging the inde-
NO ( ) pendent school system of the City of Cochran and the county school system of Bleckley County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The Report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Busbee Gates Cato Chandler Cheeks Cole Collins, J. F.
Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dixon Dodson Dollar Douglas Edwards Egan Fallin Farmer
Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard
Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken
MONDAY, MARCH 4, 1968
McDaniell Melton Merritt Miller Mixon Moore, Don C. Mullinax Nash Nessmith Newton Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett
2609
Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Starnes Steis Sullivan Sweat Thompson, A. W. Townsend Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bostick Bo wen Bray Brown, C. Buck Caldwell Carnes Clarke Cox Dillon Dorminy Doster Fleming
Hadaway Hall Henderson Hill Jenkins Jones, M. Lambert Levitas Matthews, D. R. Moate Moore, J. H. Moreland Murphy Odom
Oglesby Paris Parrish Pickard Snow Stalnaker Thompson, R. Threadgill Tucker Vaughan, D. N. Ware Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
2610
JOURNAL OF THE HOUSE,
SR 207. By Senator Hall of the 52nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for staggered terms for the members of the County Board of Education of Floyd County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, as amended by an amendment relating to the County Board of Education of Floyd County, ratified at the General Election of 1952, and found in Georgia Laws 1952, p. 605, is hereby amended by adding at the end of aforesaid 1952 amendment a new paragraph to read as follows:
"At the November General Election in 1968 the members of the Board of Education of Floyd County elected from school board dis tricts number 1 and 4 shall be elected for two year terms. The mem bers from school board districts number 2, 3 and 5 shall be elected for four year terms. All such members shall take office on January 1, 1969 and shall serve for the term for which elected and until their successors are elected and qualified. Future successors shall be elected at the November General Election in the year in which terms expire and shall serve for terms of four years and until their suc cessors are elected and qualified. Such successors shall take office on the first day of January immediately following their election."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 staggered terms for the members of the County Board
NO ( ) of Education of Floyd County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns
MONDAY, MARCH 4, 1968
2611
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 Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Busbee Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dixon
Dodson Dollar Douglas Edwards Egan Fallin Farmer Farrar Floyd Funk Gary
Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham
Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor
Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard
Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken
McDaniell Melton Merritt Miller Mixon Moore, Don C. Mullinax Nash Nessmith Newton Nimmer Northcutt
Otwell Pafford Palmer Parker, C. A.
2612
Parker, H. W. Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett
JOURNAL OP THE HOUSE,
Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Starnes Steis Sullivan Sweat Thompson, A. W. Townsend
Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bostick Bowen Bray Brown, C. Buck Caldwell Carnes Clarke Cox Dillon Dorminy Doster Fleming
Hadaway Hall Henderson Hill Jenkins Jones, M. Lambert Levitas Matthews, D. R. Moate Moore, J. H. Moreland Murphy Odom
Oglesby Paris Parrish Pickard Snow Stalnaker Thompson, R. Threadgill Tucker Vaughan, D. N. Ware Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendments to the following Bill of the Senate, to-wit:
SB 315. By Senator Coggin of the 35th:
A Bill to amend Code Section 84-1404, so as to provide for staggered terms of office for members of the Georgia Real Estate Commission; and for other purposes.
MONDAY, MARCH 4, 1968
2613
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:
SB 388. By Senator McGill of the 24th:
A Bill to abolish the present mode of compensating the Solicitor General of the Toombs Judicial Circuit known as the fee system; and for other purposes.
SB 410. By Senators Shea of the 3rd, and Gardner of the 1st:
A Bill to amend an Act entitled "An Act to create and organize Commis sioners of Chatham County, who shall be ex officio Judges, to define their jurisdiction and duties; and for other purposes.
SB 412. By Senators Shea of the 3rd and Gardner of the 1st:
A Bill to amend an Act so as to change the provisions relating to the compensation of the Chairman and members of the Board of County Commissioners and ex officio Judges of Chatham County; and for other purposes.
SB 415. By Senator Johnson of the 38th:
A Bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitorgeneral of said circuit; and for other purposes.
SB 400. By Senator Rowan of the 8th:
A Bill to amend an Act creating a new charter for the City of Nashville, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
SB 401. By Senator London of the 50th:
A Bill to abolish the office of Treasurer of White County; to provide that the Commissioners of Roads and Revenues of White County shall appoint depositories for county funds; and for other purposes.
SB 406. By Senator Hall of the 52nd:
A Bill to create the Coosa Valley Area Vocational Technical School and Junior College System; and for other purposes.
SB 407. By Senator Kennedy of the 4th:
A Bill to amend an Act granting a new charter to the City of Claxton, in the County of Evans, so as to change the provisions relating to the compensation of the Mayor and Councilmen; and for other purposes.
2614
JOURNAL OF THE HOUSE,
HB 911. By Mr. Alexander of the 133rd:
A Bill to amend Code Section 61-306, relating to notice whenever a warrant has been issued under existing laws for the eviction of an intruder or tenant holding over, so as to change the number of days' notice which will be given before the officer will proceed with the execution of the warrant; and for other purposes.
HB 1324. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to provide for the appointment of the School Superintendent of Carroll County by the Board of Education of Carroll County; and for other purposes.
HB 1418. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act creating the City Court of Warner Robins, so as to provide that the State Court of Houston County shall have jurisdic tion of special statutory remedies; and for other purposes.
HB 1419. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act incorporating the City of Centerville, so as to provide for continuing qualifications for mayor and council; and for other purposes.
HB 1429. By Mr. Black of the 56th:
A Bill to provide that any municipality within a county of this State having a population of not less than 2,750 nor more than 3,250 may remove, obliterate, or abate any public or private nuisance found to be on private property in accordance with the provisions of this Act; and for other purposes.
HB 1441. By Mr. Grahl of the 52nd:
A Bill to place the tax commissioner of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 1442. By Mr. Grahl of the 52nd:
A Bill to place the clerk of the Superior Court of Peach County upon an an annual salary in lieu of the fee system of compensation; to provide for personnel within the clerk's office; and for other purposes.
HB 1443. By Mr. Grahl of the 52nd:
A Bill to place the ordinary of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
MONDAY, MARCH 4, 1968
2615
HB 1444. By Mr. Grahl of the 52nd:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Peach County, so as to stagger the terms of the office of commissioner post No. 3; and for other purposes.
HB 1445. By Messrs. Howard of the 101st, Wilson and Henderson of the 102nd. and Cooper of the 103rd:
A Bill to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
HB 1471. By Mr. Black of the 56th:
A Bill to change the corporate limits of any municipality in this State having a population of not less than 1,000 nor more than 1,400, located in any county having a population of not less than 7,370 nor more than 7,450; and for other purposes.
HB 1482. By Mr. Black of the 56th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary in Stewart County, so as to provide that all fees, costs or other emoluments of each of said officers shall become the property of the county; and for other purposes.
HB 1484. By Mr. Black of the 56th:
A Bill to increase the compensation of the tax commissioner of Stewart County to provide that all fees, costs or other emoluments of the tax commissioner shall become the property of the county, with certain exceptions; and for other purposes.
HB 1485. By Mr. Black of the 56th:
A Bill to amend an Act abolishing the present method of compensating the Sheriff of Stewart County known as a fee system and providing in lieu thereof an annual salary; and for other purposes.
HB 1490. By Mr. Mullinax of the 42nd:
A Bill to reincorporate the City of LaGrange in the County of Troup; to create a new Charter for said City; to provide its corporate limits; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority, the following Bills of the House, to-wit:
2616
JOURNAL OF THE HOUSE,
HB 639. By Messrs. Miller of the 108th, Ragland and Laite of the 109th:
A Bill to amend an Act establishing a permanent Board of Education and Orphanage of the County of Bibb, so as to provide a different method of selection for the members of the Board; and for other purposes.
HB 1125. By Messrs. Howard of the 101st, Wilson of the 102nd and Cooper of the 103rd:
A Bill to amend an Act creating the Cobb Judicial Circuit, so as to pro vide that the solicitor general shall not be prohibited from practicing law except in any contested matter in any court in this State; and for other purposes.
HB 1459. By Messrs. Rowland and Joiner of the 48th:
A Bill to amend an Act placing the sheriff of Washington County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 1466. By Messrs. Graves, Lowrey and Starnes of the 13th:
A Bill to amend an Act establishing a Merit System for the Government of Ployd County, so as to include certain employees of the Office of the Solicitor General; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:
SR 76. By Senator Bateman of the 27th: A Resolution to relieve All-State Bonding Company as surety on four appearance bonds and to cancel four Fi. Fas. issued against All-State Bonding Company; and for other purposes.
The Senate has adopted the following Resolutions of the House, to-wit:
HR 742. By Mr. Mixon of the 81st: A Resolution commemorating the 150th Anniversary of the establish ment of Irwin County; and for other purposes.
HR 794. By Messrs. Ware of the 42nd, Lewis of the 50th and Wood of the 16th: A Resolution commending the men of the Georgia Air National Guard; and for other purposes.
MONDAY, MARCH 4, 1968
2617
HR 752. By Messrs. Richardson of the 116th, Smith of the 44th and Caldwell of the 51st:
A Resolution expressing regrets at the passing of Mr. Charles R. Gwyn, Sr.; and for other purposes.
HR 753. By Messrs. Berry and Gignilliat of the 113th,- Whaley and Tye of the 115th, Battle of the 116th and others:
A Resolution commending and congratulating the Benevolent and Pro tective Order of Elks; and for other purposes.
HR 756. By Mr. Richardson of the 116th:
A Resolution expressing regrets at the passing of Mrs. Mary Pindar Leigh; and for other purposes.
HR 757. By Messrs. Fallin and Matthews of the 94th:
A Resolution commending Robert Samuel Roddenbery, Sr.; and for other purposes.
HR 761. By Messrs. Collins of the 88th, Smith of the 54th, Jordan of the 78th and others:
A Resolution commending our men in the Armed Forces; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 368. By Senators Kidd of the 25th and Sells of the 37th:
A Bill to amend an Act exempting the compensation received by certain enlisted personnel of the armed forces and certain compensation received by certain commissioned officers of the armed forces from State income taxes; and for other purposes.
SB 385. By Senators Sells of the 37th, Hall of the 52nd and Smith of the 18th:
A Bill to provide that it shall be unlawful to make or duplicate master keys except under certain circumstances; to provide for definitions; and for other purposes.
SB 325. By Senator Shea of the 3rd:
A Bill to amend Code Chapter 105-1, so as to provide that the owner of a watercraft shall be liable for any tort caused by the operation of such watercraft when it is operated with the owner's consent; to repeal con flicting laws; and for other purposes.
2618
JOURNAL OF THE HOUSE,
SB 390. By Senator Dean of the 6th:
A Bill to provide that it shall be unlawful for any person to set or construct any device on the lands of another person designed to capture livestock with the intent to remove same therefrom; to provide for a penalty; and for other purposes.
SB 324. By Senators Shea of the 3rd, Gardner of the 1st and Searcey of the 2nd:
A Bill to provide the procedure for the impaneling of alternate jurors in criminal cases in the Superior Courts of this State; to provide how such alternate jurors may be substituted for original jurors; and for other purposes.
The Senate has adopted by the requisite majority the following Resolution of the Senate, to-wit:
SR 263. By Senator Pennington of the 45th:
A Resolution commending the Newton County High School Basketball Team; and for other purposes.
By unanimous consent, the Clerk was instructed to recall the following Bill of the House from the Senate to correct an inadvertency:
HB 875. By Messrs. Lovell of the 6th, Potts of the 33rd, Smith of the 44th and Williams of the 16th:
A Bill to be amend an Act known as the "Motor Vehicle Certificates of Title Act", so as to provide that the certificate of title shall contain certificate of origin of the vehicle; and for other purposes.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
At the request of the House, the following Bill of the House is returned to correct an inadvertency.
HB 875. By Messrs. Lovell of the 6th, Potts of the 33rd, Smith of the 44th and Williams of the 16th:
A Bill to amend an Act known as the "Motor Vehicle Certificates of Title Act", so as to provide that the certificate of title shall contain the the certificate of origin of the vehicle; and for other purposes.
MONDAY, MARCH 4, 1968
2619
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
SB 386. By Senator Flowers of the 10th:
A Bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to change the method of appointing the medical ex aminer; to provide that the testimony and report of the medical examiner in an inquest shall be prima facie evidence; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolution o:f the Senate, to-wit:
SR 63. By Senators Johnson of the 38th, Wesberry of the 37th and Andrews of the 49th:
A Resolution to change the name and designation of the office of solicitor-general to district attorney.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 408. By Senator London of the 50th:
A Bill to create the North Georgia Mountains Commission as a commis sion and agency of the State Government; to provide for a short title; to define certain terms connected therewith; to repeal conflicting laws; and for other purposes.
SB 409. By Senator London of the 50th:
A Bill to create the North Georgia Mountains Authority as an instru mentality to the State; to define certain terms connected therewith; to provide for its organization, the appointment and terms of office of its members, to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the fol lowing Resolution of the Senate, to-wit:
SR 215. By Senator Adams of the 26th:
A Resolution proposing an amendment to the Constitution so as to re move therefrom the restrictions prohibiting the State from incurring indebtedness; and for other purposes.
2620
JOURNAL OF THE HOUSE,
The Senate has agreed to the House amendments to the following Bill of the Senate, to-wit:
SB 354. By Senators Hensley of the 33rd and Chapman of the 32nd:
A Bill to create the Governmental Reorganization Study Commission of Cobb County to study the governments of Cobb County and the municipalities located therein for the purpose of improving such gov ernments and providing greater efficiency and economy; to repeal con flicting laws; and for other purposes.
The Senate insists on its substitute to the following Bill of the House, to-wit:
HB 1159. By Messrs. Williams of the 16th, Johnson of the 40th, Nimmer of the 84th, Harris of the 14th and others: A Bill to amend an Act providing for the chaining or cabling of loads of pulpwood, logs and lumber transported on the public highways of this State, so as to change the number of chains or cables which secure pulpwood to the vehicles on which it is being transported; to provide for the size of chains; or cables which secure logs and lumber to the vehicle on which it is being transported; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:
SR 253. By Senators Hensley of the 33rd, Moore of the 31st, Knight of the 16th, and Smith of the 18th: A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SR 76. By Senator Bateman of the 27th: A Resolution to relieve All-State Bonding Company as surety on four appearance bonds and to cancel four Fi Fas issued against All-State Bonding Company; and for other purposes.
Referred to the Committee on Judiciary.
SB 368. By Senators Kidd of the 5th and Sells of the 37th: A Bill to be entitled an Act to amend an Act exempting the compensa tion received by certain enlisted personnel of the armed forces and
MONDAY, MARCH 4, 1968
2621
certain compensation received by certain commissioned officers of the armed forces from State income taxes; and for other purposes.
Referred to the Committee on Ways and Means.
SB 385. By Senators Sells of the 37th, Hall of the 52nd and Smith of the 18th:
A Bill to be entitled an Act to provide that it shall be unlawful to make or cause to be made or duplicate master keys except under certain circumstances; and for other purposes.
Referred to the Committee on Education.
SB 388. By Senator McGill of the 24th:
A Bill to be entitled an Act to abolish the present mode of compensating the Solicitor General of the Toombs Judicial Circuit known as the fee system; to provide in lieu thereof an annual salary; and for other pur poses.
Referred to the Committee on Local Affairs.
SB 400. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Nashville, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
SB 401. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the office of Treasurer of White County; to provide that the Commissioners of Roads and Revenues of White County shall appoint depositories for county funds; and for other purposes.
Referred to the Committee on Local Affairs.
SB 406. By Senator Hall of the 52nd: A Bill to be entitled an Act to create the Coosa Valley Area Vocational Technical School and Junior College System; to provide for a Board of Trustees of said system; and for other purposes.
Referred to the Committee on Local Affairs.
SB 407. By Senator Kennedy of the 4th: A Bill to be entitled an Act to amend an Act granting a new charter to the City of Claxton, in the County of Evans, so as to change the
2622
JOURNAL OP THE HOUSE,
provisions relating to the compensation of the Mayor and Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
SB 410. By Senators Shea of the 3rd and Gardner of the 1st:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and organize Commissioners of Chatham County, who shall be ex officio Judges, to define their jurisdiction and duties, and for other purposes, so as to change the number of commissioner districts; and for other purposes.
Referred to the Committee on Local Affairs.
SB 412. By Senators Shea of the 3rd and Gardner of the 1st:
A Bill to be entitled an Act to amend an Act so as to change the pro visions relating to the compensation of the Chairman and members of the Board of County Commissioners and ex officio Judges of Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 415. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit; and for other pur poses.
Referred to the Committee on Local Affairs.
SB 324. By Senators Shea of the 3rd, Gardner of the 1st, and Searcey of the 2nd:
A Bill to be entitled an Act to provide the procedure for the impaneling of alternate jurors in criminal cases in the Superior Courts of this State; to provide how such alternate jurors may be substituted for original jurors; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 325. By Senator Shea of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 105-1, so as to provide that the owner of a watercraft shall be liable for any tort caused by the operation of such watercraft when it is operated with the owner's consent; and for other purposes.
Referred to the Committee on Game and Fish.
MONDAY, MARCH 4, 1968
2623
SB 386. By Senator Flowers of the 10th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to change the method of ap pointing the medical examiner; to provide that the testimony and report of the medical examiner in an inquest shall be prima facie evidence; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 390. By Senator Dean of the 6th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to set or construct any device on the lands of another person designed to capture livestock with the intent to remove same therefrom; and for other purposes.
Referred to the Committee on Natural Resources.
SB 408. By Senator London of the 50th:
A Bill to be entitled an Act to create the North Georgia Mountains Commission as a commission and agency of the State Government; and for other purposes.
Referred to the Committee on State Institutions and Property.
SB 409. By Senator London of the 50th:
A Bill to be entitled an Act to create the North Georgia Mountains Authority as an instrumentality of the State; and for other purposes.
Referred to the Committee on State Institutions and Property.
SR 215. By Senator Adams of the 26th:
A Resolution proposing an amendment to the Constitution so as to remove therefrom the restrictions prohibiting the State from incurring indebtedness; and for other purposes.
Referred to the Committee on State of Republic.
The following Bill of the House, having been recalled from the Senate, was taken up for the purpose of considering an amendment thereto:
HB 875. By Messrs. Lovell of the 6th, Potts of the 33rd, Smith of the 44th and Williams of the 16th:
A Bill to amend an Act known as the "Motor Vehicle Certificates of Title Act", so as to provide that the certificate of title shall contain the certificate of origin of the vehicle; and for other purposes.
2624
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Mr. Lovell moves to amend HB 875, as follows:
By striking all of the title following the words "so as to provide" and substituting in lieu thereof the following:
"the first application for a certificate of title on a new ve hicle which has not previously been titled shall be supported by any certificate of origin on the vehicle; to repeal conflicting laws; and for other purposes."
Further, the Committee of the House on Motor Vehicles moves to amend HB 875 by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act known as 'The Certificate of Title Act' approved March 7, 1961 (Ga. Laws 1961, page 69), as amended, particularly as amended by an Act approved February 16, 1962 (Ga. Laws 1962, page 79), is hereby amended by striking Para graph (b) of Section 8 in its entirety and inserting in lieu thereof a new Paragraph (b) to Section 8, to read as follows:
" (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer and the date of his security agreement and be signed by the dealer as well as the owner, and the dealer shall promptly mail or deliver the application together with any certificate of origin on the vehicle to the Commissioner."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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 Blalock Branch Brantley, H. L.
Brown, C. Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell
Conner Cook Cooper, J. R. Cox Crowe, W. J. Dailey Davis DeLong Dickinson Dillon Dixon
Dodson Dollar Dorminy Douglas Edwards Egan Farmer Floyd Funk Gary Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Haris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Kirksey
MONDAY, MARCH 4, 1968
Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moore, Don C. Moreland Mullinax Nash Nessmith Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Phillips Pickard
2625
Potts Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, W. L. Starnes Steis Sweat Thompson, A. W. Threadgill Townsend Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Alexander Barfield Bennett Bond Bostick Bowen Brantley, H. H. Bray Brown, B. B. Buck Busbee Clarke
Cooper, B. Crowe, William Daugherty Dean Dent Doster Fallin Farrar Fleming Gay Hadaway Hale
Harris, J. R. Howard Jones, M. Lee, W. S. Magoon Matthews, D. R. Melton Moate Moore, J. H.
Murphy
Newton
Odom
2626
Oglesby Paris Parker, H. W. Parrish Peterson Poss Ragland
JOURNAL OF THE HOUSE,
Sherman Shields Smith, V. T. Snow Stalnaker Sullivan Thompson, R.
Tucker Turner Tye Wiggins Mr. Speaker
On the passage of the Bill, as amended, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Lane of the 126th asked unanimous consent that the following Resolution of the House be recommitted to the Committee on Local Affairs for further study:
HR 731-1589. By Messrs. MeClatchey of the 138th, Daugherty of the 134th, Townsend of the 140th and others:
A Resolution proposing an amendment to the Constitution, so as to provide that after the ratification of the amendment the fiscal authori ties of Fulton County shall be prohibited from continuing to levy, make, assess or collect any tax from the inhabitants of any subdivision whether located wholly or partly within Fulton County; and for other purposes.
There was objection.
Mr. MeClatchey of the 138th moved that HR 731-1589 be indefinitely post poned.
The motion prevailed, and HR 731-1589 was indefinitely postponed.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on State of Republic:
SB 250. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 24-2823, relating to the enumeration of fees for sheriffs, so as to change fees provided for in civil and criminal cases; and for other purposes.
MONDAY, MARCH 4, 1968
2627
Mr. Cooper of the 103rd served notice that at the proper time, he would ask the House to instruct the Committee on Ways and Means to report the following Resolution of the House back to the House with its recommendation:
HR 434-952. By Messrs. Cooper of the 103rd and McDaniell of the 101st:
A Resolution proposing an amendment to the Constitution so as to pro vide that all personal household and kitchen furniture shall be exempt from all State, county, municipal and school district ad valorem taxes; and for other purposes.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed a supplemental calendar for today's business, Monday, March 4, 1968 by adding and submitting the following:
HB 896. Income tax exemptions, dependent students. HR 422-932. Game and Fish Commission, amend laws. HB 986. Highways, regulate pipe installation. HB 993. Highways, streets, control. HB 994. Highways, bridges across State line. HB 1193. Motorboat Numbering Act, amend. HB 1233. Nuclear Compact, necessary funds. HB 1329. Worthless checks, drafts, etc. HB 1374. Georgia Building Authority, bond limitation. HB 1396. Atlanta, Municipal Zoo facilities. HB 1404. General Assembly members, elections. HB 1452. Alcoholic beverages, licenses, rules. HB 1496. Board of Funeral Service, increase members. HB 1498. Surplus State property, procedure for disposal. HB 1547. County governing authority, personnel. HB 1597. Appropriations Bill, General Assembly action. All Compensation Resolutions.
All Local Contested Bills.
SR
154. Tobacco, yield and acreage.
SB
154. Sporting and entertainment events.
SR
155. Tobacco, grade concealed.
2628
SR SB SB SB SB SB SB SB SB SB SB SB
JOURNAL OF THE HOUSE,
156. Tobacco, grader. 180. Court Reporters, salaries by counties. 189. State Revenue Commissioner, compensation. 205. Model glue, selling and possessing. 232. Flue-cured leaf tobacco, relating to sale. 245. War veterans, redefine. 246. Court Clerks, retirement benefits. 258. License tags, veterans. 259. Honorary drivers' license, change requirements. 322. General Assembly members, license plates. 349. Liquor stores, females working. 359. Elections, political activities, campaign practice.
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 79th, Vice-Chairman.
The following Resolutions of the House were read and adopted:
HR 656. By Messrs. Hutchinson of the 79th, Barber of the 24th, Peterson of the 59th, Parker of the 68th, Moore of the 12th and Mrs. Merritt of the 68th:
A RESOLUTION
Creating an interim study committee to determine a method for providing additional incentive to first grade teachers in the public schools of this State; and for other purposes.
WHEREAS, the first grade is one of the most difficult grades in public schools to teach; and
WHEREAS, most child development experts and educators are of the opinion that the first grade is the most important of any of the grades taught in the public school system; and
WHEREAS, it is of utmost importance to the development of the child that he be motivated properly, receive the proper guidance and receive excellent teaching particularly in his first year of school; and
MONDAY, MARCH 4, 1968
2629
WHEREAS, first grade teachers should be provided some addi tional incentive for the very difficult and most important task that they are undertaking.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP 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 make a thorough and exhaustive study into the methods for providing additional incentive to first grade teachers in the public schools of this State and shall make a report of its findings and recommendations to the 1969 Session of the General Assembly at which time it shall stand abolished.
BE IT FURTHER RESOLVED that the members of the committee shall receive such expenses and allowances from funds appropriated or made available to the legislative branch of the government authorized to legislative members of interim legislative committees for no more than ten 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.
HR 771. By Messrs. Palmer of the 117th and Smith of the 3rd;
A RESOLUTION
Creating the House Laboratory Licensing Study Committee; and for other purposes.
WHEREAS, there have been brought to light in recent months in stances which indicate that it might be worthwhile to the public to license and regulate clinical laboratories, tissue banks and laboratory schools; and
WHEREAS, several bills were introduced in the 1968 session of the General Assembly which have for their purpose the regulation of licensure of laboratories; and
WHEREAS, it would appear to be the proper course to study these bills in the light of conditions which exist in Georgia before taking further action.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the House Labora tory Licensing Study Committee to be composed of 14 members of the House to be appointed by the Speaker. The Committee shall study the conditions which exist in the laboratories in the State, as well as pro cedures and practices being used by the laboratories. The Committee may consult with experts in the field in order to elicit needed informa tion and in order to arrive at a proper decision as to the need for licensing and regulation of laboratories in Georgia. The Committee shall particularly study House Bills 775, 1024 and 1026 to determine whether the legislation is needed. The Committee shall make a, report
2630
JOURNAL OP THE HOUSE,
of its findings and recommendations on or before December 31, 1968, on which date the Committee shall stand abolished. The members of the Committee shall receive the allowances authorized to legislative members of interim committees for 10 days, or longer if an extension is granted by the Speaker. The funds necessary to carry out the pur poses of this resolution shall come from funds appropriated to or avail able to the legislative branch of government.
HR 774. By Messrs. Steis of the 100th and Dillon of the 128th:
A RESOLUTION
Creating a Firearms Control Safety Study Committee; and for other purposes.
WHEREAS, the State of Georgia has witnessed a demonstrative increase in the traffic of firearms which have not been proof-tested prior to introduction into the stream of commerce; and
WHEREAS, it appears the homicide rate from the use of firearms is increasing in Georgia; and
WHEREAS, House Bill 1094 regarding the control of the sale of handguns is at present under study by the Special Judiciary Committee and has neither been reported do pass or do not pass
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Firearms Safety Study Committee to be composed of Five (5) members of the House of Representatives to be appointed by the Speaker of the House. The Com mittee shall research and study the laws of other states relating to fire arms control thereof, counsel with manufacturers and distributors of firearms and obtain the views of experts in order to determine safe standards for the firearms to be sold in the State of Georgia. The members of the Committee shall receive the compensation, expenses and allowances authorized for legislative members of interim legislative committees, not to exceed a total of Ten (10) days unless the Speaker of the House shall agree to an extension. The Committee shall make a report on or before December 31, 1968, on which date the Committee shall stand abolished. The funds necessary to carry out the purpose of this Resolution shall come from funds appropriated to or available to the legislative branch of the government.
HR 805. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Vaughn, Malone and Palmer of the 117th and Jenkins of the 119th:
A RESOLUTION
Expressing regrets at the passing of Honorable Kelsey D. Howington; and for other purposes.
MONDAY, MAECH 4, 1968
2631
WHEREAS, Honorable Kelsey D. Howington recently passed away; and
WHEREAS, he was Chairman of the DeKalb County Democratic Executive Committee and served in that position with honor, ability and dedication; and
WHEREAS, he served with distinction as a former President of the DeKalb County Chamber of Commerce; and
WHEREAS, he was a former member of the DeKalb County Board of Education; and
WHEREAS, he lived in Lithonia, Georgia, and was well known and highly regarded by the people of his communty and by all others who knew him; and
WHEREAS, he was a member and officer of the Lithonia Masonic Lodge and a member of the Lithonia Exchange Club; and
WHEREAS, he was a dedicated member of the Lithonia Baptist Church; and
WHEREAS, he is survived by his wife, Mrs. Estelle Howington, two daughters, Mrs. Helen McGee of Lithonia and Mrs. Thomas King Cox, Jr. of Baltimore, a son, K. Dan Howington of Decatur, a brother and three grandsons.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets at the passing of Honorable Kelsey D. Howington and further expresses its sincerest sympathy to the members of his family,
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this resolution to Mrs. Estelle Howington.
HR 807. By Messrs. Lewis and Newton of the 50th and Parker of the 55th:
A RESOLUTION
Commending Honorable W. Jones Lane, Representative, 64th Dis trict, Post 1; and for other purposes.
WHEREAS, Honorable W. Jones Lane, the distinguished gentle man from the 64th District, Post 1, is held in the highest esteem by his colleagues in the General Assembly; and
WHEREAS, he presently serves as an Assistant Administration Floor Leader with great ability, effectiveness and dedication; and
2632
JOURNAL OP THE HOUSE,
WHEREAS, he has been an outstanding member of the House of Representatives since being first elected to the 1961-62 term; and
WHEREAS, he is a member of the Rotary and Elks Clubs of Statesboro and served with distinction as a former Director of the Statesboro Rotary Club; and
WHEREAS, he is well known and held in the highest regard by the people of Statesboro, Bulloch County, and'the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby heartily commend Honorable W. Jones Lane, the distinguished gentleman from the 64th District, Post 1, for his outstanding record of public service to the peo ple of his community 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 W. Jones Lane.
HR 808. By Messrs. Lewis of the 50th and Parker of the 55th:
A RESOLUTION
Congratulating Honorable A. Sid Newton, Representative, 50th District, Post 2, Mrs. Newton, and Mr. and Mrs. Harry Mathews on becoming grandparents; and for other purposes.
WHEREAS, on October 17, 1967, a baby daughter was born to Mr. and Mrs. John Cleve Newton; and
WHEREAS, Mr. John Cleve Newton is the son of Representative and Mrs. A. Sid Newton; and
WHEREAS, Mr. and Mrs. Harry Mathews are the parents of Mrs. John Cleve Newton; and
WHEREAS, their granddaughter was named Amelia Mathews Newton.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby heartily congratulate Honorable A. Sid Newton, Mrs. Newton and Mr. and Mrs. Harry Mathews on becoming proud grandparents.
BE IT FURTHER RESOLVED that this body does hereby heartily congratulate Mr. and Mrs. John Cleve Newton on becoming the proud parents of Amelia Mathews Newton on October 17, 1967.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap-
MONDAY, MARCH 4, 1968
2633
propriate copy of this resolution to Honorable A. Sid Newton and Mrs. Newton; to Mr. and Mrs. Harry Mathews; and to Mr. and Mrs. John Cleve Newton.
HR 809. By Messrs. Newton of the 50th and Parker of the 55th:
A RESOLUTION
Commending Honorable Preston B. Lewis; and for other purposes.
WHEREAS, Honorable Preston B. Lewis, the distinguished member of this body from the 50th District, Post 1, is held in the highest esteem by his colleagues in the General Assembly; and
WHEREAS, he has been an able and effective Representative of Burke and Jenkins Counties; and
WHEREAS, as a result of his successful court battle to remove Jenkins County from his District, he is certain to continue with even more outstanding representation of the people of Burke County by being able to focus his great ability, dedication and energy on a single county; and
WHEREAS, he serves with honor and distinction as the Secretary of the Rules Committee and as a member of the Education and Indus try Committees; and
WHEREAS, it has been rumored in some quarters that the "other" party is recklessly considering offering a candidate to oppose this out standing member of the House of Representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Preston B. Lewis, the distinguished gentleman from the 50th District, Post 1, for his energy, dedication and ability as a member of this body and further expresses the sincere hope that he will be reelected not only for the next term but for many terms in the future.
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 Preston B. Lewis.
HR 810. By Mr. Smith of the 44th:
A RESOLUTION
Commending the 1967-68 Milner High School Boys Basketball Team and its Coach; and for other purposes.
WHEREAS, the 1967-68 Milner High School Boys Basketball Team has just completed a most successful regular season; and
2634
JOURNAL OF THE HOUSE,
WHEREAS, this fine team won the Class "C" Region Champion ship and will represent their region in the State Basketball Tourna ment in Macon; and
WHEREAS, during the outstanding season the members of the team demonstrated the highest principles of sportsmanship and athletic achievement, and distinguished themselves by their spirit, zeal and per formance on the field of play in achieving their enviable record; and
WHEREAS, particular praise should be accorded to the Coach of this fine team.
NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES does hereby extend its heartiest congratu lations to each and every member of the 1967-68 Milner High School Boys Basketball Team, to its Coach and to the entire student body of Milner High School.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to send a copy of this Resolution to the Coach and to the Principal of Milner High School.
HR 811. By Mr. Smith of the 44th:
A RESOLUTION
Commending the 1967-68 Pike County High School Boys Basketball Team and its Coach; and for other purposes.
WHEREAS, the 1967-68 Pike County High School Boys Basketball Team has just completed a most successful regular season; and
WHEREAS, this fine team won the Class "B" Region Champion ship and will represent their region in the State Basketball Tournament in Macon; and
WHEREAS, during the outstanding season the members of the team demonstrated the highest principles of sportsmanship and athletic achievement, and distinguished themselves by their spirit, zeal and per formance on the field of play in achieving their enviable record; and
WHEREAS, particular praise should be accorded to the Coach of this fine team.
NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES does hereby extend its heartiest congratula tions to each and every member of the 1967-68 Pike County High School Boys Basketball Team, to its Coach and to the entire student body of Pike County High School.
MONDAY, MARCH 4, 1968
2635
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to send a copy of this Resolution to the Coach and to the Principal of Pike County High School.
HE 812. By Mr. Smith of the 44th:
A RESOLUTION
Commending the 1967-68 Milner High School Girls Basketball Team and its Coach; and for other purposes.
WHEREAS, the 1967-68 Milner High School Girls Basketball Team has just completed a most successful regular season; and
WHEREAS, this fine team won the Class "C" Region Champion ship and will represent their region in the State Basketball Tourna ment in Macon; and
WHEREAS, during the outstanding season the members of the team demonstrated the highest principles of sportsmanship and athletic achievement, and distinguished themselves by their spirit, zeal and per formance on the field of play in achieving their enviable record; and
WHEREAS, particular praise should be accorded to the Coach of this fine team.
NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES does hereby extend its heartiest congratula tions to each and every member of the 1967-68 Milner High School Girls Basketball Team, to its Coach and to the entire student body of Milner High School.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to send a copy of this Resolution to the Coach and to the Principal of Milner High School.
HR 813. By Messrs. Smith of the 54th, Longino of the 122nd, Gary of the 35th and others:
A RESOLUTION
Expressing sympathy at the passing of Mrs. Buna Reeves Potts; and for other purposes.
WHEREAS, after a long and meaningful life, Mrs. Buna Potts, a distinguished and longtime resident of Coweta County, passed away at the age of 83; and
WHEREAS, the late Mrs. Potts was the lovely Mother of George W. Potts, the distinguished Representative from the 33rd District; and
2636
JOURNAL OF THE HOUSE,
WHEREAS, during Mrs. Potts life, she provided an inspiration to her family, friends and many acquaintances by her exemplary con duct and Christian principles by which she led her life; and
WHEREAS, the State of Georgia will sorely miss the many out standing accomplishments and contributions made by this distinguished citizen.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest sympathy at the passing of one of Georgia's most out standing citizens, Mrs. Buna Reeves Potts.
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 W. Potts.
HR 814. By Messrs. Egan of the 141st, Steis of the 100th, Nimmer of the 84th and Gates of the 123rd:
A RESOLUTION
Commending Honorable Charles A. Moran; and for other purposes.
WHEREAS, Charles A. Moran, native Atlantan, disabled overseas veteran, a retired State employee, last September was invested a Knight of the Equestrian Order of the Holy Sepulchre of Jerusalem, the first and only layman in Georgia to receive this distinction; and
WHEREAS, the Order of the Holy Sepulchre reportedly dates from St. James the Apostle, the first Bishop of Jerusalem; and
WHEREAS, during the Georgia Bi-Centennial he planted a dog wood tree on the Capitol grounds adjacent to the General Gordan monu ment which attracts many local people and tourists each year; and
WHEREAS, as a member of patriotic groups he has been active in the area of Americanism, exposing and focusing attention of our fellow Georgians on the Communist menace; he was actively interested in having the words "under God" included in the Pledge to the Flag, reference to it appearing in the Congressional Record at the time; and
WHEREAS, to spark the flame of continuing patriotism in all and to promote nationwide unity, a love of God, Country and Flag, he became the originator of the Hall of Flags in our Capitol building which daily attracts visitors from many states; and
WHEREAS, for several years he was actively interested in the Youth of the Community, escorting some of the Pop Warner Junior League Football Teams to be recognized by this body after having been received by the Governor; and
MONDAY, MARCH 4, 1968
2637
WHEREAS, he has requested that legislation be effected to refer to our Flag as the "U.S. Flag" and/or the "Flag of the United States".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby salute fellow-Georgia Commander Charles A. Moran of Atlanta for his display of citizenship and heartily congratulates him in being invested a Knight of the Equestrian Order of the Holy Sepulchre of Jerusalem.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Commander Charles A. Moran.
HR 816. By Messrs. Stalnaker and Peterson of the 59th:
A RESOLUTION
Requesting Major General Francis C. Gideon to make an address before the House of Representatives; and for other purposes.
WHEREAS, the members of the House of Representatives would be delighted to hear an address from Major General Francis C. Gideon, Commanding General, Warner Robins Air Material Area.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Major General Francis C. Gideon, Com manding General, Warner Robins Air Material Area, is hereby respect fully requested to appear before the House of Representatives on Wed nesday, March 6th, at 10:30 a.m. for the purpose of addressing the members 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 Major General Francis C. Gideon.
Pursuant to the adoption of HR 816, the Speaker appointed as a Committee of Escort the following members:
Messrs. Stalnaker of the 59th, Peterson of the 59th, Grahl of the 52nd, Anderson of the 71st, Laite of the 109th, Miller of the 108th, Wilson of the 109th, Hadaway of the 46th, Bowen of the 69th, Harrington of the 47th, Doster of the 73rd.
The following Resolution of the House was read and referred to the Com mittee of Motor Vehicles:
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JOURNAL OF THE HOUSE,
HR 815. By Messrs. Brown of the 34th, Dixon of the 83rd, Harris of the 118th, Smith of the 44th and Nimnier of the 84th:
A RESOLUTION
Creating the Automobile and Truck License Study Committee; and for other purposes.
WHEREAS, it has been brought to the attention of several mem bers of the House that the laws of Georgia relating to automobile and truck license fees and categories are unwieldy and outmoded; and
WHEREAS, there was introduced in the 1967 Session of the Gen eral Assembly a bill designed to revise the categories of licenses for trucks, automobiles and trailers (House Bill 593) ; and
WHEREAS, there is a need for members of the House of Repre sentatives to be informed of the benefits to be derived from a revision of the laws dealing with automobile and truck license categories.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Automobile and Truck License Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker. The Committee shall study the laws of Georgia relating to automobile and truck license categories, and shall study House Bill 593, in order to find and eliminate the areas of the laws which are cumbersome, un wieldy and outmoded. The Committee shall prepare a report of its find ings and recommendations to be submitted to the Speaker on or before December 31, 1968, on which date the Committee shall stand abolished. The Committee, if it deems it proper, shall prepare proposed legislation to accomplish the desired ends. The members of the Committee shall receive the expenses and allowances authorized to legislative members of interim committees for a period of ten days, or longer if an extension is granted by the Speaker. The funds necessary for accomplishing the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of government.
Mr. Cook of the 123rd asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:
SB 218. By Senators Maclntyre of the 40th, Plurikett of the 30th and Abney of the 53rd:
A Bill to be entitled an Act to create the Georgia Commission on the Arts; and for other purposes.
The consent was granted, and SB 218 was reconsidered.
The following Bill of the Senate, having been previously recalled to the House to correct an inadvertency, was taken up for consideration:
MONDAY, MARCH 4, 1968
2339
SB 234. By Senators Eldridge of the 7th, Flowers of the 10th, Young of the 13th and Rowan of the 8th:
A Bill to be entitled an Act to establish the State Department of Air Transportation; and for other purposes.
The following amendment was read and adopted:
Mr. Ware of the 42nd moves to amend Senate Bill No. 234 as follows:
By inserting in the title after the phrase "to provide for the election of officers by the board;" the following:
"to provide that the appointive members of the Board shall be appointed by their respective appointing officers within a certain period of time; to provide that the Governor shall call the organiza tional meeting of the Board within a certain period of time; to provide that the Governor shall preside at the organizational meet ing of the Board;
and by inserting after the phrase "to provide for the purchase of state aircraft;" the following:
"to provide an effective date;"
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. There is hereby established in the executive depart ment of state government a budget unit to be known as the State Department of Air Transportation."
By renumbering Sections 5 through 13 as Section 6 through 14, respectively.
By inserting a new Section 5 to read as follows:
"Section 5. The appointive members of the board shall be ap pointed by the Governor, President of the Senate, and Speaker of the House of Representatives as provided herein within sixty (60) days after this Act is approved by the Governor or otherwise be comes law. The Governor shall call an organizational meeting within thirty (30) days after all members have been appointed and shall notify the members in writing of the time and place of such organizational meeting. The Governor shall preside at the organiza tional meeting."
By striking renumbered Section 6 in its entirety and inserting in lieu thereof a new renumbered Section 6 to read as follows:
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JOURNAL OF THE HOUSE,
"Section 6. The Board shall appoint the Director of the Depart ment and fix his compensation with the advice and consent of the Governor. The Director shall serve at the pleasure of the Board. The person appointed to the position of Director shall possess and main tain a current Air Transport Rating. The Director shall assist the Board in the performance of its powers and duties as the Board shall provide and supervise the operation of the Department in accordance with the policies and directives established by the Board."
By adding a new subsection at the end of renumbered Section 9 to be designated as subsection (3) to read as follows:
"(3) To conduct at least six (6) meetings during each calendar year."
By adding between the word "personnel" and the word "employed" in renumbered Section 12 the following:
", except the Director,"
and by striking the last sentence in its entirety.
By renumbering renumbered Section 14 as Section 15.
By inserting a new renumbered Section 14 to read as follows:
"Section 14. The provisions of Sections 1 through 6 of this Act shall become effective immediately upon its approval by the Gov ernor or its otherwise becoming law. The remaining provisions of this Act shall become effective when funds are appropriated or otherwise made available to effectuate the purposes of this Act. or on July 1, 1969, whichever occurs first."
On the passage of the Bill, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bills and Resolution of the House were taken up for the pur pose of considering the Senate amendments thereto:
HB 1391. By Mr. Hargrett of the 77th: A Bill to be entitled an Act to change the method of electing members of the Board of Education of Wayne County; and for other purposes.
The following Senate amendment was read:
MONDAY, MARCH 4, 1968
2641
Senator Dean of the 6th moves to amend House Bill No. 1391 as follows:
By striking the last sentence of Section 1 in its entirety and insert ing in lieu thereof the following:
"The members of the Board represent Education Districts Nos. 1 through 5 shall be a resident of the Education District from which they offer as a candidate but the member representing the County at Large may reside anywhere within the County of Wayne."
Mr. Hargrett of the 77th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 105, nays 0.
The Senate amendment to HB 1391 was agreed to.
HB 1051. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, so as to provide for additional deputy registrars; to provide that certain tax commissioners or tax collectors shall be a deputy to certain boards of registrars; and for other purposes.
The following amendments were read:
Committee on Economy, Reorganization & Efficiency in Government offers the following Amendment to House Bill No. 1051 as follows:
By striking in its entirety the title of said bill and substituting in lieu thereof a new title to read as follows:
"A Bill to be entitled an Act to amend Title 34 of the Code of Georiga, relating to elections, as amended, so as to provide for additional deputy registrars; to provide that certain tax commission ers or tax collectors shall be a deputy to certain boards of regis trars; to provide for the hours which the main office of the board of registrars shall remain open; to change certain of the proce dures relating to the registration of electors; to provide that electors may vote only in the election district in which they reside, with certain exceptions; to provide for the transferring of the elector's registration; to provide that no elector shall vote in any county other than the county of his residence; to provide that no person shall be a candidate in a primary for more than one of certain listed public offices; to change certain provisions relating to substituted nominations made by conventions; to change the method of deter mining the number of signatures required on nomination petitions;
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to change the method of marking ballots in primaries; to provide how certain ballots may be counted; to make provision for the design of the ballot card for vote recorders; to change the method of marking certain ballots and to provide that improperly marked ballots shall not be counted; to provide that the Secretary of State shall prescribe the form and arrangement of ballot labels; to change the method of folding the ballot prior to depositing the ballot in the ballot box; to change the method of marking spoiled vote re corder ballots; to change the number of electors who may be assisted in voting by any one person; to authorize the use of more than one tabulating center for tabulating votes cast on vote recorders; to provide that the write-in ballot and the ballot card shall be kept together if the votes exceed the number allowed by law; to allow poll officers to vote by absentee ballot; to provide that in counties using voting machines or vote recorders absentee ballots may con form substantially to the form of ballot labels for such machines or recorders; to change certain of the procedures relating to voting by absentee ballot; to change the provisions relating to who may contest an election; to provide the procedure connected with all of the foregoing matters; to repeal conflicting laws; and for other purposes."
By striking quoted Code Section 34-629, which section is quoted in Section 4 of said bill, and substituting in lieu thereof a new Code Section 34-629 to read as follows:
"Section 34-629. Voting only from lists; exception in counties of 40,000 or less. All persons whose names appear on the list of electors placed in the possession of the managers in each election district, and no others, shall be allowed to deposit their ballots ac cording to law, at the election district in which they are registered, except that in counties having a population of less than 40,000 ac cording to the 1960 United States decennial census or any future such census, an elector may be permitted to cast his vote in that election district containing the county courthouse."
By inserting between Sections 4 and 5 a new section to be known as Section 4A to read as follows:
"Section 4A. Said Title is further amended by striking in its entirety subsection (c) of Code Section 34-631, relating to the change of residency of an elector, and substituting in lieu thereof a new subsection (c) to read as follows:
'(c) An elector who desires to transfer his registration as described in subsections (a) and (b) of this Section shall make such application at least fifteen days prior to the primary or election in which he wishes to vote, and the board of registrars shall complete such transfer at least five days prior to such primary or election. No person shill vote in any county except the county of his residence."
(See Insert No. 1, p. 6)
MONDAY, MARCH 4, 1968
2643
By inserting between Sections 9 and 10 a new section to be known as Section 9A and to read as follows:
"Section 9A. Said Title is further amended by striking in its entirety Code Section 34-1224, relating to write-in ballots in dis tricts using vote recorders, and inserting in lieu thereof a new Code Section 34-1224 to read as follows:
'Section 34-1224. Write-in ballots. In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers in counting the write-in votes to readily determine whether an elector has cast any write-in vote not authorized by law. The Secretary of State in specifying the form of the ballot, and the State Election Board in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.' "
By inserting between Sections 12 and 13 a new section to be known as Section 12A and to read as follows:
"Section 12A. Said Title is further amended by striking in its entirety subsection (c) of Code Section 34-1316, relating to the manner of voting in districts in which vote recorders are used, and substituting in lieu thereof a new subsection (c) of Code Section 34-1316 to read as follows:
'(c) If an elector spoils or defaces a ballot card or writein ballot, he shall return it to the managers and receive another. A manager shall immediately cancel the spoiled ballot by writ ing the word 'spoiled' across said ballot, and shall place it in the container for spoiled ballots.' "
By striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:
"Section 14. Said Title is further amended by adding at the end of subsection (d) of Code Section 34-1328, relating to the duties of poll officers after the close of the polls in districts in which vote recorders are used, the following:
'or centers, as designated by the superintendent;'
and by striking from subsection (f) the following:
'shall be returned to the envelope,'
and inserting in lieu thereof:
'shall be kept with the write-in ballot,'
so that when so amended subsection (d) and subsection (f) of Code Section 34-1328 shall read as follows:
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'(d) Place ballot cards in the ballot container to be taken to the tabulating machine center or centers, as designated by the superintendent.'
'(f) Examine each write-in vote to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector; and if any vote cast on the write-in ballot in com bination with the vote cast for the same office on the ballot card, exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted; and the ballot of such elector shall be kept with the write-in ballot, on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law; and the write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabulating machine center, where a duplicate ballot card shall be made on which any invalid vote shall be omitted;' "
By inserting between Sections 15 and 16 a new section to be known as Section 15A and to read as follows:
"Section 15A. Said Title is further amended by striking in its entirety Code Section 34-1403, relating to the form of absentee ballots, and substituting in lieu thereof a new Code Section 34-1403 to read as follows:
'Section 34-1403. Official absentee ballots. Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of regis trars as hereinafter provided. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Chapter 34-11, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Chapter 34-12. The form for either ballot shall be determined and pre scribed by the Secretary of State.' "
By striking the first sentence of quoted subsection (a) which subsec tion is quoted in Section 16 of said bill and inserting in lieu thereof a new sentence to read as follows:
"(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector for the purpose of voting, may appear: (i) within the confines of a post office, before a postmaster of the United States or a postal em ployee designated by a postmaster; (ii) before any commissioned officer of the active armed service of the United States if the elector is a member of such service or if the elector is a member of such service or if the elector is the spouse or dependent of a member of such service; (iii) before any consul of the United States of his assistant; (iv) before a registrar or deputy registrar of the county of the elector's residence; or (v) before the registrar of any college or university or any employee thereof who has been designated by the registrar."
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2645
Insert No. 1. By inserting in the second sentence of subsection (a) of Section 34-1003, which subsection is quoted in Section 6 of said bill, between the words "convention" and "and shall" the following phrase:
", which shall be open to the public,".
Senator Bateman of the 27th moves to amend HB 1051 by deleting Section 4 in its entirety and renumber Sections 5 through 19 accordingly.
Senator Coggin of the 35th moves to amend HB 1051 as follows:
By inserting in the preamble thereof the following language:
"To provide that counties in which the use of vote recorders has been authorized may furnish, free of cost, for party primaries, the use of the recorder, all labels, ballot cards and other supplies, and may provide necessary service for counting ballots."
and by adding a new section to be known as "section 16(a)" in said act in the following language, to-wit:
"16(a). Said title is further amended by adding to Code 341217, Authorization of Vote Recorders, the following language, towit:
"In all counties where the use of Vote Recorders has been au thorized, the governing authorities may furnish without cost to any political party in any primary election, the use and servicing of such Vote Recorders, and the necessary ballot labels, ballot cards, and supplies, and further, may provide equipment and trained per sonnel for counting ballots, after same have been cast in such primary election."
Mr. Wiggins of the 32nd moved that the House disagree to the Senate amendments and the motion prevailed.
The Senate amendments to HB 1051 were disagreed to.
HB 1111. By Messrs. Harrison of the 98th, Scarlett of the 85th, Whaley of the 115th, Colwell of the 5th and others:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, so as to change the license fees for commercial fishing boats; and for other purposes.
The following Senate amendment was read:
Senator Gardner of the 1st moves to amend HB 1111 as follows:
By striking from quoted Section 94(a) of Section 3 the following:
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"The State Game and Fish Commission shall have the power to open any portion of the tidal or salt waters of this state to com mercial shrimping and crabbing with power drawn nets during the months of January or May of each year when the count of shrimp in such portion of the tidal or salt waters do not exceed 45 shrimp with heads on to the pound during the months of June, July, August and September, and fifty-five (55) shrimp with heads on to the pound during the months of January, May, October, November and December. The State Game and Fish Commission shall have the power to close any portion of the tidal or salt waters of this state to commercial shrimping or crabbing with power drawn nets at any time the count of shrimp in such portion of the tidal or salt waters exceed 45 shrimp with heads on to the pound.",
and inserting in lieu thereof the following:
"The State Game and Fish Commission shall have the power to open any portion of the tidal or salt waters of this State to com mercial shrimping and crabbing with power drawn nets during the months of January, May, October, November and December when the count of shrimp in such portion of the tidal or salt waters do not exceed fifty-five (55) shrimp with heads on to the pound, or during the months of June, July, August and September when the count of shrimp in such portion of the tidal or salt waters do not exceed forty-five (45) shrimp with heads on to the pound. The State Game and Fish Commission shall have the power to close any portion of the tidal or salt waters of this state to commercial shrimping or crabbing with power drawn nets at any time the count of shrimp in such portion of the tidal or salt waters exceed forty-five (45) shrimp with heads on to the pound during the months of June, July, August and September or fifty-five (55) shrimp with heads on to the pound during the months of January, May, October, November and December."
Mr. Harrison of the 98th moved that the House agree to the Senate amendment.
On the motion, the ayes were 158, nays 0.
The Senate amendment to HB 1111 was agreed to.
HB 899. By Messrs. Parker of the 55th, Barber of the 24th and Farrar of the 118th:
A Bill to be entitled an Act to amend an Act establishing an equalized adjusted school property tax digest for each county in the State as a whole, so as to provide that for the calendar year 1969 the equalized school property tax digest for each county and the State as a whole shall be the same such digests as were prepared by the State Auditor and used for the 1968 calendar year; and for other purposes.
MONDAY, MARCH 4, 1968
2647
The following Senate admendment was read:
The Senate Committee on Education moves to amend HB 899, Sec tion 9 of Section 1 so the last sentence shall read: "The funds approp riated for such study shall be used to pay for all outstanding obligations in connection with the existing contract for the ratio study and any funds remaining after such payment shall revert to the Treasury of the State of Georgia."
Mr. Parker of the 55th moved that the House agree to the Senate amendment.
On the motion, the ayes were 164, nays 0.
The Senate amendment to HB 899 was agreed to.
HR 669-1440. By Messrs. Smith, Leonard and Cole of the 3rd:
A Resolution proposing an amendment to the Constitution so as to create the City of Dalton Building Authority; and for other purposes.
The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 699-1440 as follows:
By adding at the end of Paragraph Y of Section 1 the following:
"Any exemption from taxation herein provided shall not in clude exemption from sales and use taxes".
Mr. Smith of the 3rd moved that the House disagree to the Senate amend ment, and the motion prevailed.
The Senate amendment to HR 669-1440 was disagreed to.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 871. By Messrs. Brown and Melton of the 34th, Parker of the 55th, Savage of the 58th and Holder of the 70th:
A Bill to be entitled an Act to amend Code Section 32-911, relating to immunization of pupils of public schools, so as to provide for immuniza tion of public and private school children as a condition precedent to admission; and for other purposes.
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The following Senate substitute was read:
Senators Smalley of the 28th, Rowan of the 8th, Young of the 9th, Minish of the 48th, Kidd of the 25th and Adams of the 26th move to adopt the following substitute to HB 871:
A BILL
To be entitled an Act To amend Code Section 32-911, relating to the immunization of pupils of public schools, as amended by an Act approved February 1, 1946 (Ga. Laws 1946, p. 236), an Act approved March 14, 1957 (Ga. Laws 1957, p. 455), and an Act approved March 18, 1964 (Ga. Laws 1964, p. 499), so as to provide that no child shall be admitted to a public school operating in this State unless such child shall first have been immunized from contagious diseases itemized in appropriate rules and regulations promulgated by the State Board of Health; to provide procedures pursuant thereto; to provide that violation of this Section or the rules and regulations pursuant thereto shall be a misdemeanor; to provide exemptions in certain instances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code section 32-911, relating to the immunization of pupils of public schools, as amended by an Act approved February 1, 1946 (Ga. Laws 1946, p. 206), an Act approved March 14, 1957 (Ga. Laws 1957, p. 455), and an Act approved March 18, 1964 (Ga. Laws 1964, p. 499), is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 32-911, to read as follows:
"32-911. Immunization of children as a prerequisite to admis sion.
(a) No child shall be admitted to a public school operating in this State unless such child shall first have been immunized from contagious diseases itemized in appropriate rules and regulations promulgated by the State Board of Health. This child's parent or guardian shall furnish the school to which admittance is sought with a certificate of a physician licensed under the laws of the State of Georgia or public health department acknowledging that the child has been immunized before the child shall be admitted.
(b) The State Board of Health shall determine which diseases are to be included in the rules and regulations promulgated by the Local Boards of Health. The State Board of Health shall immediately determine which diseases should be included, and shall convey the list of diseases to the Local Boards of Health. The list of diseases may be revised whenever the State Board of Health deems it neces sary, and the Local Boards of Health may revise its rules and regulations accordingly.
MONDAY, MARCH 4, 1968
2649
(c) Any school official, parent or guardian violating the pro visions of this Section or the rules and regulations promulgated pursuant thereto, shall be guilty of a misdemeanor and punished accordingly.
(d) If, in the discretion of the health authority having jurisdic tion or any physician licensed under the laws of the State of Geor gia, any child to whom this Section applies shall be deemed to have a physical disability which may contraindicate vaccination, a certi ficate to that effect issued by the health authority or physician may be accepted in lieu of a certificate of vaccination. This exemption shall not apply when such disability shall have been removed.
(e) The provisions of this Section shall not apply if the parent or legal guardian of such child objects thereto on the grounds that such immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which said parent or guardian is an adherent or member, provided that immun ization may be required in these cases when such disease is in epi
demic stages."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Brown of the 34th moved that the House agree to the Senate substitute.
On the motion, the ayes were 108, nays 3.
The Senate substitute to HB 871 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence in substituting the same:
HB 1159. By Messrs. Williams of the 16th, Johnson of the 40th, Nimmer of the 84th, Harris of the 14th and others:
A Bill to be entitled an Act to amend an Act providing for the chaining or cabling of loads of pulpwood, logs and lumber transported on the public highways of this State; and for other purposes.
Mr. Williams of the 16th moved that the House insist on its position in disagreeing to the Senate substitute and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.
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The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Messrs. Dorminy of the 72nd, Knapp of the 109th and Nimmer of the 84th.
Under the general order of business established by the Committee on Rules, the following Bills of the House were again taken up for consideration:
HB 982. By Messrs. Vaughn of the 117th, Wood of the 16th, Colwell of the 5th, Holder of the 70th, Sherman of the 105th, Simmons of the 9th and Shanahan of the 8th: A Bill to amend Code Section 92-1403, so as to increase the excise tax imposed on all distributors of motor fuel; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act To amend Code Section 92-1403 relating to the levy of motor fuel taxes, as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 61), so as to increase the excise tax imposed on all distributors of motor fuel; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 92-1403 relating to the levy of motor fuel taxes, as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 61), is hereby amended by striking from subsection (A) of Code Section 92-1403 the figure "6 1/2" and inserting in lieu thereof the figure "7", so that subsection (A) of Code Section 92-1403 when so amended shall read as follows:
"(A) Levy of the Taxes. An excise tax is hereby imposed on all distributors of motor fuel as follows:
(1) Upon the sale or use of motor fuel by them within this State at the rate of 7 cents per gallon.
(2) In the event any special motor fuels which are not commonly sold or measured on the highways of this State, the
MONDAY, MARCH 4, 1968
2651
State Revenue Commissioner is authorized and empowered, under such regulations as he may promulgate, to assess, levy and collect a tax upon such special fuels in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline, and the determination by the Commissioner of the power potential equivalent of such special motor fuels shall be prima facie correct. By 'power potential equivalent' is meant that quantity of such special fuels, however measured, which contains the approximate num ber of British Thermal Units contained in one gallon of regular grade gasoline, and upon each such quantity of such special fuels used upon the highways of this State a tax in the same amount and the same rate or use per gallon of motor fuel shall
be assessed and collected."
SECTION 2
This Act shall become effective on July 1, 1969.
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment, offered by Mr. Odom of the 79th, was read and lost.
On the adoption of the Committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Black Blalock
Bostick Bowen Bray Cato
Chandler Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R.
Crowe, William Crowe, W. J. Dailey
Dean Dickinson Dixon
Dollar Dorminy Edwards Fallin
Farmer Fleming Gary Gay Graves Gunter Hadaway Hale Hall
Harris, R. W. Harrison Henderson
Higginbotham Holder Howell
Johnson, A. S. Johnson, B. Joiner Jones, C. M.
Jordan, G. Jordan, W. H. Kaylor Kirksey Laite Land Lee, W. J. (Bill) Leggett Leonard
Lewis Lovell Lowrey
2652
Magoon Malone Matthews, C. Mauldin McCraeken McDaniell Melton Mixon Moate Moore, Don C. Moore, J. H. Newton Nimmer Otwell Palmer Parker, C. A.
JOURNAL OF THE HOUSE,
Parker, H. W. Phillips Poss Potts Rainey Reaves Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman
Simmons Smith, J. R. Stalnaker Starnes Steis Sweat Tucker Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Wood
Those voting in the negative were Messrs.
Adams Alexander Anderson Barfield Battle Bennett Berry, C. E. Berry, J. K. Bond Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Games Gates Cheeks Cook Cox Daugherty Davis DeLong Dent Dillon Dodson Douglas Egan
Farrar Funk Gaynor Gignilliat Grahl Grier Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Hill Hood Howard Hutchinson Jones, M. Knapp Lambros Lane, Dick Lane, W. J. Lee, W. S. Levitas Longino Mason Maxwell McClatchey Miller Nash
Nessmith Odom Oglesby Pafford Paris Parrish Peterson Pickard Ragland Richardson Smith, G. W. Smith, V. T. Smith, W. L. Thompson, A. W. Thompson, R. Threadgill Townsend Turner Walling Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles
Those not voting were Messrs.:
Barber Busbee Caldwell Doster
Floyd Jenkins Lambert Matthews, D. R.
Merritt Moreland Mullinax Murphy
Northcutt Shields Sims
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2653
Snow Sullivan Tye
Ware Mr. Speaker
On the adoption of the Committee substitute, the ayes were 103, nays 82.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Black Blalock Bostick Bowen Bray Cato Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Dean Dickinson Dixon Dollar Dorminy Edwards Fallin Farmer Gary Gay Graves Gunter Hale Hall
Harrison Henderson Higginbotham Holder Hood Howell Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Kirksey Laite Lambert Land Lee, W. J. (Bill) Leggett Leonard Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton
Mixon Mo ate Moore, Don C. Moore, J. H. Moreland Mullinax Nash Newton Nimmer Northcutt Otwell Palmer Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Rainey Reaves Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Smith, J. R.
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Stalnaker Starnes Steis Sweat Threadgill
JOURNAL OF THE HOUSE,
Tucker Underwood Vaughan, D. N. Vaughn, C. R. Ward
Ware Wells Wiggins Wood
Those voting in the negative were Messrs.
Adams Alexander Anderson Ballard Barfield Battle Bennett Berry, C. E. Berry, J. K. Bond Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Chandler Cook Cox Daugherty Davis DeLong Dent Dillon Dodson
Douglas Kgan
Farrar Fleming Funk Gaynor Gisnilliat Grahl Grier Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Hill Howard Hutchinson Jones, M. Knapp Lambros Lane, Dick Lane, W. J. Lee, W. S. Levitas Longino Maxwell McClatchey
Those not voting were Messrs.:
Barber Busbee Doster Floyd Harris, R. W.
Jenkins Merritt Shields Sims Snow
Miller Murphy Nessmith Odom Oglesby Pafford Paris Parrish Pickard Ragland Richardson Smith, G. W. Smith, V. T. Smith, W. L. Thompson, A. W. Thompson, R. Townsend Turner Walling Wamble Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles
Sullivan Tye Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 110, nays 82.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Magoon of the 19th asked unanimous consent that HB 982, by substitute, be immediately transmitted to the Senate.
MONDAY, MARCH 4, 1968 There was objection.
2655
Mr. Carnes of the 129th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 982, by substitute.
Mr. Vaughn of the 117th asked unanimous consent that HB 982, by substitute, be withdrawn from further consideration.
The consent was granted, and HB 982, by substitute, was withdrawn.
HB 1423. By Messrs. Barber of the 24th, Stalnaker of the 59th, Wells of the 30th and others:
A Bill to be entitled an Act to provide for tenure salary and compensa tion for those elective officers the election of which is provided for by Articles IV and V of the Georgia Constitution of 1945; to provide that the provisions of this Act shall not apply to certain designated officers; and for other purposes.
The substitute, offered by the Committee on State of Republic, was read and withdrawn.
The following floor substitute, offered by Messrs. McCracken of the 49th, Busbee of the 79th and Murphy of the 26th, was read:
A BILL
To be entitled An Act to provide for tenure, salary and compensation for those elective officers the election of which is provided for by Article IV and V of the Georgia Constitution of 1945; to provide that the provisions of this Act shall not apply to certain designated officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The officers who are elected by persons qualified to vote for members of the General Assembly, whose elections are provided for in Articles IV and V of the Constitution of 1945, shall be paid a base salary of twenty-five thousand dollars ($25,000.00) per annum and shall be additionally compensated by a tenure salary of eight hundred ($800.00) dollars to be paid annually for each four (4) years of State service in said constitutional office up to a maximum of twenty (20) years service, financed by appropriations payable through the State Trea sury. The maximum compensation payable under the provisions of this Act to any such officer shall not exceed twenty-nine thousand ($29,-
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JOURNAL OF THE HOUSE,
000.00) dollars per annum, and shall be in lieu of all other remunera tions and allowances, with the exception of reimbursement of actual ex penses as provided by law, and shall be reduced by any sums received as compensation or remuneration by any Federal department or agency.
Section 2. The provisions of this Act shall not apply to the Gov ernor, Lieutenant Governor, Attorney General, or members of the House of Representatives or Senate.
Section 3. This Act shall become effective July 1, 1968.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Leonard of the 3rd moved that HB 1423 and all amendments thereto be tabled.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Battle Bennett Berry, J. K. Branch Brantley, H. H. Brown, B. D. Cates Cole Cooper, J. R. Davis DeLong Dixon Fallin Farrar Floyd Funk Gignilliat
Grahl Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill Hood Howard Jones, M. Jordan, G. Kaylor Knapp Lane, Dick Leggett Leonard " Malone Nash Nimmer Odom
Oglesby Pafford
Palmer Richardson Scarlett Sims Smith, G. W. Smith, W. L. Sweat Threadgill Tucker Turner Vaughan, D. N. Wamble Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles
Wood
Those voting in the negative were Messrs.:
Adams Alexander Ballard Barber Barfield
Berry, C. E. Black Bond Bostick Bowen
Brantley, H. L. Bray Buck Busbee Caldwell
Carnes Cato Cheeks Clarke Collins, J. P. Collins, M. Colwell
Conner Cook
Cox
Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent
Dillon Dodson Dorminy Douglas Edwards Egan Farmer Gary
Gay Gaynor Gunter Hadaway Hale Hall Hamilton Hargrett Harrison Henderson
MONDAY, MARCH 4, 1968
Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Kirksey Laite Lambros Land Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Mullinax Murphy Nessmith Newton
2657
Northcutt Otwell Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Ragland Rainey Reaves Roach Rowland Rush Russell Savage Shanahan Sherman Shields Shuman Smith, J. R. Smith, V. T. Steis Sullivan Thompson, R. Townsend Underwood Walling Ware Wells Williams
Those not voting were Messrs.:
Blalock
Brown, C. Chandler
Cooper, B. Dickinson Dollar Doster Fleming Graves Grier Holder
Jordan, W. H. Lambert Lowrey Magoon Maxwell McDaniell Moore, J. H. Moreland Poss
Potts Ross
Simmons Snow Stalnaker Starnes Thompson, A. W. Tye
Vaughn, C. R, Ward Mr. Speaker
On the motion, the ayes were 59, nays 115.
The motion was lost.
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The following amendment was read and adopted:
Mr. Wiggins of the 32nd moves to amend the floor substitute to HB 1423 by changing the last comma in Section 1 to a period, and by striking the language "and" in the second from the last line of Section 1 and substituting therefor "any salary received".
An amendment, offered by Mr. Crowe of the 1st, was read and lost.
The following amendment was read:
Messrs. Tucker of the 36th, Murphy of the 26th and McCracken of the 49th move to amend the floor substitute HB 1423 as follows:
By amending Section 3 by changing the effective date to "Jan. 1, 1971."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Barfield Bennett Berry, J. K. Bond Bostick Branch Brantley, H. H. Brown, B. D. Brown, C. Cole Cooper, J. R. Crowe, W. J. Davis DeLong Dent
Dorminy Douglas Egan Fallin Farmer Farrar Fleming Floyd Funk
Gay Gignilliat Grahl Grier Gunter Harrington Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Jones, M.
Jordan, G. Jordan, W. H. Kaylor Knapp Lane, Dick Lee, W. S. Leggett Leonard Levitas
Magoon Malone Matthews, D. R. Mauldin Maxwell Merritt Miller Mixon Mullinax Nash Nimmer Northcutt Oglesby Pafford Palmer Parker, C. A. Peterson Pickard
Potts Ragland Richardson Scarlett Shanahan Sherman Shuman Smith, G. W. Smith, J. R.
Smith, W. L. Stalnaker Thompson, A. W. Thompson, R. Threadgill Townsend
MONDAY, MARCH 4, 1968
Tucker Turner Vaughan, D. N. Wamble Ward Westlake
2659
Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Ballard Barber Battle Berry, C. E. Black Buck Busbee Caldwell Carnes Gates Cato Clarke Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cox Crowe, William Dailey Daugherty Dean Dillon Dixon Dodson Dollar
Edwards Gary Gaynor Graves Hadaway Hall Hargrett Harrison Henderson Johnson, B. Joiner Jones, C. M. Kirksey Laite Land Lane, W. J. Lee, W. J. (Bill) Lewis Longino Lovell Lowrey Matthews, C. McClatchey McCracken Melton Moate
Moore, Don C. Murphy Nessmith Newton Otwell Paris Parrish Phillips Rainey Reaves Roach Rowland Rush Russell Shields Sims Smith, V. T. Starnes Steis Sweat Underwood Walling Wells Williams
Those not voting were Messrs.:
Blalock Bowen Brantley, H. L. Bray Chandler Cheeks Cook Dickinson Doster Hale
Hamilton Holder Lambert Lambros Mason McDaniell Moore, J. H. Moreland Odom Parker, H. W.
Poss Ross Savage Simmons Snow Sullivan Tye Vaughn, C. R. Ware Mr. Speaker
On the adoption of the amendment, the ayes were 99, nays 76.
The amendment was adopted.
2660
JOURNAL OP THE HOUSE,
An amendment, offered by Mr. Magoon of the 19th, was read and ruled out of order.
The following amendment was read:
Mr. Punk of the 116th moves to amend the floor Substitute to HB 1423 as follows:
By adding to the end of Section 1 the following:
"The provisions of this Section shall not operate in a retroactive manner, but shall apply only to tenure accrued on and after the effective date of this Act."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Anderson Battle Berry, J. K. Branch Brown, C. Cole Crowe Davis DeLong Dent Dickinson Dixon Douglas Egan Fallin Parrar Fleming Punk Gignilliat Grier
Harrington Harris, J. P. Harris, J. R. Higginbotham Hill Hood Howard Jenkins Jones, M. Jordan, G. Knapp Lane, Dick Leggett Leonard Magoon Matthews, D. R. Maxwell Nash Nimmer Northcutt
Oglesby Pafford Parker, C. A. Ragland Sherman Shuman Smith, G. W. Sweat Thompson, R. Threadgill Townsend Tucker Vaughan, D. N. Wamble Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles
Those voting in the negative were Messrs.:
Adams Alexander Ballard Barber Barfield Bennett Berry, C. E. Black
Bond Bostick Brown, B. D. Buck Busbee Caldwell Carnes Gates
Cato Clarke Collins, J. P. Collins, M. Colwell Conner Cook Cox
Crowe, William Dailey Daugherty Dillon Dodson Dollar Edwards Farmer Floyd Gary Grahl Graves Gunter Hadaway Hale Hall Hamilton Harris, R. W. Harrison Henderson Holder Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Kaylor Kirksey
MONDAY, MARCH 4, 1968
Lambros Land Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lowrey Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Miller Mixon Moate Moore, Don C. Mullinax Murphy Nessmith Newton Odom Otwell Palmer Paris
2661
Parker, H. W. Parrish Peterson Phillips Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Shields Sims Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Underwood Walling Ward Ware Wells Williams
Those not voting were Messrs.:
Blalock Bowen Brantley, H. H. Brantley, H. L. Bray Chandler Cheeks Cooper, B. Cooper, J. R. Dean Dorminy Doster
Gay Gaynor Hargrett Jordan, W. H. Laite Lambert Mason Merritt Moore, J. H. Moreland Pickard
Poss
Potts Ross Simmons Snow Sullivan Thompson, A. W. Turner Tye Vaughn, C. R. Wood Mr. Speaker
On the adoption of the amendment, the ayes were 60, nays 110.
The amendment was lost. The floor substitute, as amended, was adopted.
2662
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Barber Barfield Bennett Berry, C. E. Black Blalock Bond Bo stick Bowen Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Cheeks Clarke Collins, J. F. Collins, M. Colwell Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty
DeLong
Dent
Dillon
Dodson
Douglas
Edwards
Egan
Farmer
Fleming
Gary
Gay
Gaynor Gunter Hadaway Hale Hamilton Hargrett Harris, R. W. Harrison Henderson Holder Hood Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, W. H. Kirksey Laite Lambros Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell
McClatchey
McCracken
Melton
Merritt
Miller
Mixon
Moate
Moore, Don C.
Mullinax
Murphy
Nash
Nessmith Newton Northcutt Otwell Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Steis Sullivan Thompson, R.
Townsend
Turner
Underwood
Walling
Ward
Ware
Wells
Williams
Wood
MONDAY, MARCH 4, 1968
Those voting in the negative were Messrs.:
Anderson Battle Berry, J. K. Branch
Cole Davis Dixon Pallin Parrar Floyd Punk Gignilliat Graves Grier Harrington
Harris, J. P.
Harris, J. R. Higginbotham Hill Howard
Jenkins Jones, M. Jordan, G. Lane, Dick Leonard Magoon Malone Mason McDaniell Nimmer Odom
Oglesby
2663
Pafford Palmer Sims Smith, G. W. Sweat Threadgill Tucker Vaughan, D. N. Wamble Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles
Those not voting were Messrs.:
Ballard
Brantley, H. H. Bray
Chandler Cooper, B. Dean
Dickinson Dollar Dorminy
Doster
Grahl Hall
Kaylor Knapp Lambert
Leggett Moore, J. H. Moreland
Pickard
Ross Simmons
Snow Starnes Thompson, A. W.
Tye Vaughn, C. R. Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 131, nays 47.
The Bill, having received the requisite constitutional majority, was passed. by substitute, as amended.
Messrs. Grahl of the 57th and Dickinson of the 27th requested that the Journal show they voted "present".
Messrs. Pickard of the 112th and Sullivan of the 95th stated that they had been called from the floor of the House when the roll was called on HB 1423, by substitute, as amended, but had they been present, would have voted "aye".
The Speaker announced the House recessed until 2:00 o'clock P.M. AFTERNOON SESSION
The Speaker called the House to order.
2664
JOURNAL OF THE HOUSE,
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 1197. By Mr. Howard of the 101st:
A Bill to be entitled an Act to amend an Act so as to exempt from taxes on instruments transferring real estate such instruments executed by any agency of the State of Georgia; and for other purposes.
The following substitute, offered by Messrs. Hale of the 1st, Steis of the 100th and Harris of the 118th, was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, approved April 18, 1967 (Ga. Laws 1967, p. 788), so as to exempt deeds of gift or any instrument or writing from said tax which is executed by any agency of the State of Georgia or the U. S. Government or by any political subdivision of either of them, or by any public corporation or authority; to provide that this exemption shall not apply to any profit making public corporation and that the exemption shall not be exercised unless the total consideration of the transfer appear; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
An Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, approved April 18, 1967 (Ga. Laws 1967, p. 788), is hereby amended by adding at the end of Section 3 the following.
"; nor shall said tax apply to any deed of gift or to any instru ment or writing executed by any agency of the State of Georgia or the U. S. Government or by any political subdivision of either of them, or by any public corporation or authority. Provided, how ever, this exemption shall not apply to any profit making public corporation and in order to exercise the exemption the total con sideration of the transfer shall be shown.",
so that when so amended Section 3 shall read as follows:
"Section 3. The tax imposed by Section 1 of this Act shall not apply to any instrument or writing given to secure a debt; nor shall said tax apply to any deed of gift or to any instrument or writing executed by any agency of the State of Georgia or the U. S. Govern ment or by any political subdivision of either of them, or by any public corporation or authority. Provided, however, this exemption shall not apply to any profit making public corporation and in order
MONDAY, MARCH 4, 1968
2665
to exercise the exemption the total consideration of the transfer shall be shown."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 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 Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
SB 245. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans Home so as to redefine the term "war veterans"; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing the Georgia State War Veterans' Home, approved June 22, 1955 (Ga. Laws 1955, Extra Sess., p. 18), so as to redefine the term "war veterans"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act establishing the Georgia State War Veterans' Home, ap proved June 22, 1955 (Ga. Laws 1955, Extra Sess., p. 18), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The words 'war veterans', as used in the foregoing sections, shall be construed to mean any veterans who were dis-
2666
JOURNAL OF THE HOUSE,
charged under other than dishonorable conditions, and who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States including the National Guard, during wartime or during the period beginning January 31, 1955 and ending on a date to be de termined by Presidential proclamation or by a concurrent resolution of the Congress declaring a cessation of the Vienam Era."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 259. By Senator Kidd of the 25th: A Bill to be entitled an Act so as to change the requirements for certain honorary drivers' licenses; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 896. By Mr. Douglas of the 60th:
A Bill to be entitled an Act to amend Code Section 92-3106, relating to personal exemptions and credits for income tax purposes, so as to allow a taxpayer who is the head of household to claim a $600 exemption for certain dependents who are students; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, MARCH 4, 1968
2667
On the passage of the Bill, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1498. By Mr. Jones of the 76th:
A Bill to be entitled an Act to provide the procedures under which surplus State property shall be disposed of; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide the procedures under which surplus State Property shall be disposed of; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
It shall be the duty and responsibility of the head of each depart ment, institution or agency of the State to furnish upon written request by the Supervisor of Purchases on such forms as provided by him, a list of all surplus personal property held by that department, institution or agency at the time of the request. These requests may be made by the Supervisor of Purchases as often as he deems necessary.
SECTION 2
The Supervisor of Purchases is hereby authorized, and it shall be his duty, to dispose of such surplus property by transfer to other State agencies, or to sell to the highest responsible bidder for cash, or trade in such surplus property on the purchase of new equipment if the Super visor shall determine that such action is for the best interest of the State, or, where the Supervisor of Purchases shall determine that the surplus property has no value shall order its destruction and disposal and order its removal from the inventory of the department, institution or agency with such action noted thereon.
SECTION 3
The Supervisor of Purchases shall promulgate such rules and regu lations as may be required to carry out the duties required in this sec tion, and shall establish procedures whereby the sale of surplus State property shall be advertised, and competitive bids for the purchase thereof shall be secured.
SECTION 4
Any official, officer or employee of the State who shall cause State property having a value of less than $100.00 to be disposed of in violation
2668
JOURNAL OF THE HOUSE,
of Section 2 and Section 3 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. If such property shall have a value of $100.00 or more, he shall be guilty of a felony and upon conviction thereof shall be punished by imprison ment in the penitentiary for a period of not less than one year nor more than five years.
SECTION 5
Nothing contained within this Act shall be construed so as to apply to any real property owned by the State, and this Act shall not apply to such property.
SECTION 6
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander
Anderson Barber 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 Carnes Cato Chandler Cheeks Clarke Cole
Collins, J. P. 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 Dorminy Douglas Edwards Egan
Fallin Farmer
Farrar Fleming Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter
Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder
Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner
Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S.
Leggett Lewis Longino Lovell
Lowrey Malone
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell
MONDAY, MARCH 4, 1968
Merritt Miller Mixon Moate Moore, Don C. Mullinax Nash Nessmith Newton Northcutt Odom Oglesby Otwell Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Reaves Richardson Roach Ross Rowland Rush Russell Savage Shanahan Sherman
2669
Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative was Mr. Pafford.
Those not voting were Messrs.:
Ballard Barfield Bennett Bowen Buck Busbee Gates Dollar Doster Floyd Grahl Hall Henderson
Hood Jenkins Jones, M. Lambert Leonard Levitas Magoon McCracken Melton Moore, J. H. Moreland Murphy Nimmer
Pickard Ragland Rainey
Scarlett Shields Smith, J. R. Sullivan Thompson, R. Tye Underwood
Westlake Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 165, nays 1.
2670
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Levitas of the 118th requested that he be recorded as having voted for the passage of HB 1498.
HB 1478. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to impose upon motor carriers a tax for the privilege of using the streets and highways of this State; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams 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. Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M.
Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty DeLong Dent Dickinson Dillon
Dodson Dorminy Douglas Edwards Fallin Farmer Farrar Fleming Gary Gay Gaynor Gignilliat Grab! Graves Grier
Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood Howard Howell Hutchinson Johnson, A. S.
Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard
Le vitas Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Mixon Moate Mullinax Murphy Nash Nes smith Newton Nimmer
MONDAY, MARCH 4, 1968
Northcutt Odom Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shuman
2671
Sims Smith, V. T. Smith, W. L. Snow Starnes Steis Threadgill Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Williams Wilson, R, W. Winkles Wood
Those voting in the negative were Messrs.:
Dixon
Moore, Don C.
Simmons
Those not voting were Messrs.:
Alexander Berry, C. E. Bowen Buck Busbee Colwell Davis Dean Dollar Doster Egan Floyd Funk Gunter Hale Hall Hamilton Hargrett
Higginbotham Hill Jenkins Johnson, B. Laite Lambert Leggett Lewis Magoon Matthews, D. R. Miller Moore, J. H. Moreland Oglesby Otwell Pafford Peterson Pickard
Poss Sherman Shields Smith, G. W. Smith, J. R. Stalnaker Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Westlake Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 149, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
2672
JOURNAL OF THE HOUSE,
HB 1496. By Mrs. Merrit of the 68th:
A Bill to be entitled an Act to amend an Act so as to increase the membership of the Georgia State Board of Funeral Service to seven members; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Battle Bennett Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, J. F. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dillon
Dodson Douglas Edwards Egan Fallin Farmer Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Lambros Land
Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, Don C. Mullinax Nes smith Newton 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 Russell Savage Scarlett Shanahan Sherman
Shuman Simmons
MONDAY, MARCH 4, 1968
Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Threadgill Townsend Tucker Turner Underwood
2673
Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative were Messrs. Dickinson, Dixon and Williams
Those not voting were Messrs.:
Barfield Berry, C. E. Buck
Cheeks Collins, M. Colwell Dean Dollar Dorminy
Doster Farrar Floyd
Hadaway
Hale Hall Jenkins
Johnson, B. Kirksey Laite Lambert Leggett Magoon
Matthews, D. R. Mixon Moore, J. H.
Moreland
Murphy Nash Nimmer
Rush Shields Smith, J. R. Smith, V. T. Sullivan Thompson, R.
Tye Walling Mr. Speaker
On the passage of the Bill, the ayes were 164, nays 3. The Bill, having received the requisite constitutional majority, was passed
SB 349. By Senators Knight of the 16th and Shea of the 3rd:
A Bill to be entitled an Act to allow liquor stores to employ female 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 121, nays 4.
2674
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 1438. By Messrs. Levitas and Walling of the 118th and Jones and Buck of the 112th:
A Bill to be entitled an Act to prohibit the possession of certain types of firearms to be known as the "Georgia Firearms and Weapons Act"; and for other purposes.
Mr. Funk of the 116th moved that HB 1438 be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Anderson Ballard Bo wen Branch Cato Clarke Cole Collins, M. Conner Cooper, B. Davis Dickinson Douglas Fleming Funk Gay Hadaway
Harris, J. F. Henderson Hill Holder Joiner Jordan, G. Jordan, W. H. Laite Land Lane, W. J. Leonard
Lewis Lovell Malone Mason Matthews, D. R. Maxwell
Those voting in the negative were Messrs.:
Adams Barber Barfield Battle Bennett Berry, J. K. Blalock Bostick Brantley, H. L. Bray Brown, C. Carnes Cheeks Cook
Cooper, J. R. Cox Crowe, William Crowe, W. J. Daugherty Dillon Dixon Edwards Egan Fallin Farrar Gary Gaynor Gignilliat
McDaniell Moore, Don C. Nash Nessmith Pafford Parker, C. A. Potts Rowland Savage Smith, G. W. Smith, V. T. Vaughan, D. N. Westlake Whaley Wilson, J. M.
Grahl Graves Harris, J. R. Harris, R. W. Howell Hutchinson Johnson, A. S. Johnson, B. Jones, M. Kaylor Knapp Lane, Dick Lee, W. J. (Bill) Lee, W. S.
Levitas Longino Lowrey Matthews, C. Mauldin McClatchey McCracken Melton Merritt Miller Moate Moore, J. H. Newton Northcutt Otwell Palmer
MONDAY, MARCH 4, 1968
Parker, H. W. Parrish Peterson Phillips Poss Ragland Reaves Roach Ross Russell Scarlett Shanahan Shuman Simmons Sims Smith, W. L.
2675
Snow Starnes Steis Threadgill Townsend Tucker Underwood Vaughn, C. R. Walling Wamble Ward Wells Wiggins Williams Winkles Wood
Those not voting were Messrs.:
Alexander Berry, C. E. Black Bond Brantley, H. H. Brown, B. D. Buck Busbee Caldwell Gates Chandler Collins, J. P. Colwell Dailey Dean DeLong Dent Dodson Dollar Dorminy Doster Farmer Floyd
Grier Gunter Hale Hall Hamilton Hargrett Harrington Harrison Higginbotham Hood Howard Jenkins Jones, C. M. Kirksey Lambert Lambros Leggett Magoon Mixon Moreland Mullinax Murphy Nimmer
Odom Oglesby Paris Pickard Rainey Richardson Rush Sherman Shields Smith, J. R. Stalnaker Sullivan Sweat Thompson, A. W. Thompson, R. Turner Tye Ware Wilson, R. W. Mr. Speaker
On the motion to table, the ayes were 49, nays 90.
The motion to table was lost.
Mr. DeLong of the 105th moved that the House do now adjourn until 10:00 o'clock tomorrow morning.
2676
JOURNAL OF THE HOUSE,
On the motion to adjourn, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Battle Bowen Branch Cooper, B. Davis DeLong
Gay Hadaway Johnson, A. S. Kirksey Laite Leonard Oglesby
Richardson Rowland Savage Smith, G. W. Wilson, J. M. Winkles
Those voting in the negative were Messrs.:
Adams Alexander Anderson Barber Berry, J. K. Black Blalock Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dent Dickinson Dillon Dodson Dorminy Douglas Edwards
Egan Fallin Farmer Farrar Fleming Funk
Gary Gaynor Gignilliat Grahl Graves Grier Gunter Hamilton Hargrett Harrington Harris, J. R. Harrison Hill Howell Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Knapp Lambert Land
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino
Lovell Magoon M alone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Nimmer Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Rainey
Reaves Roach Ross Rush Russell Scarlett Shanahan Sherman Shuman Simmons Sims Smith, J. R.
MONDAY, MARCH 4, 1968
Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Tucker Underwood Vaughan, D. N.
2677
Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Wood
Those not voting were Messrs.:
Barfield Bennett Berry, C. E. Brantley, H. H. Buck Busbee Clarke Dean Dixon Dollar Doster Ployd Hale
Hall Harris, J. P. Harris, R. W. Henderson Higginbotham Holder Hood Howard Jordan, G. Lambros Lane, Dick Lowrey Merritt
Moreland Murphy Odom Ragland Shields Stalnaker Thompson, R. Townsend Turner Tye Mr. Speaker
On the motion to adjourn, the ayes were 20, nays 148.
The motion to adjourn was lost.
The following Committee amendment was read and adopted:
Judiciary Committee moves to amend HB 1438 in the following particulars:
1. By striking subsection (d) of Section 4 in its entirety and sub stituting in lieu thereof a new subsection (d) to read as follows:
"(d) The term 'dangerous weapon' as used in this Act shall mean any weapon commonly known as a 'rocket launcher', 'bazooka' or recoilless rifle', which fires explosive or non-explosive rockets designed to injure or kill personnel or destory heavy armor or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a 'mortar' which fires high explosive from a metallic cylinder, and which is commonly used by the armed forces as an anti-personnel weapon or similar weapon used
2678
JOURNAL OF THE HOUSE,
for such purpose. The term shall also mean a weapon commonly known as a 'hand grenade' or other similar weapon which is de signed to explode and injure personnel or similar weapon used for such purpose.:
2. By striking from the beginning of Section 5 the words "Persons Excepted" and substituting in lieu thereof the word "Exceptions."
3. By striking subsection (b) of Section 5 in its entirety and sub stituting in lieu thereof a new subsection (b) to read as follows:
"(b) A member of the National Guard or of the Armed Forces of the United States to-wit: the Army, Navy, Marine Corps, Air Force or Coast Guard, who, while serving therein, possesses such firearm in the line of duty."
The following amendment was read:
Mr. DeLong of the 105th moves to amend HB 1438 as follows:
By striking subsection (d) of Section 4 in its entirety and sub stituting in lieu thereof a new subsection (d) to read as follows:
"(d) The 'dangerous weapon' as used in this Act shall mean any weapon commonly known as a 'rocket launcher', 'bazooka' or 'recoilless rifle', which fires explosive or non-explosive rockets de signed to injure or kill personnel or destroy heavy armor or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a 'mortar' which fires high explosives from a metallic cylinder, and which is commonly used by the armed forces as an anti-personnel weapon or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a 'hand grenade' or other similar weapon which is designed to explode and injure personnel or similar weapon used for such purpose. The term shall also include any atomic or hydrogen bomb having an explosive content of one megaton or more."
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 Ballard Battle Clarke Cole Collins, J. F. Collins, M.
Cooper, B. Crowe, William DeLong Douglas Fleming Funk Gay
Grahl Hadaway Harris, J. F. Henderson Jenkins Johnson, A. S. Jordan, G.
Laite Land Leonard Magoon Matthews, D. R. Maxwell McDaniell Nimmer Pafford
MONDAY, MARCH 4, 1968
Parker, C. A. Pickard Rainey Richardson Rowland Scarlett Sherman Smith, J. R. Smith, W. L.
2679
Tucker Underwood Vaughan, D. N. Westlake Whaley Wilson, J. M. Winkles
Those voting in the negative were Messrs.:
Adams Alexander Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. L. Bray Brown, B. D.
Brown, C. Games Cato Cheeks Colwell Conner Cook Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Dickinson Dillon Dixon Dodson Edwards Fallin Farmer Farrar Gary Gaynor Gignilliat Graves Grier Gunter
Hamilton Harrington Harris, J. R. Hill Hood Johnson, B. Jones, M. Jordan, W. H. Kaylor Kirks ey Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Malone Matthews, C. Mauldin McClatchey McCracken Melton Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Northcutt Oglesby Otwell
Palmer Parrish Peterson Phillips Poss Potts Ragland Reaves Roach Ross Rush Russell Savage Shanahan Shuman Simmons Sims Smith, G. W. Smith, V. T. Snow Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Vaughn, C. R. Walling Wamble Ward Ware Wells Wiggins Williams Wilson, R. W. Wood
Those not voting were Messrs.:
Barber Barfield
Bennett Berry, C. E.
Bowen Brantley, H. H.
2680
Buck Busbee Caldwell Gates Chandler Davis Dean Dent Dollar Dorminy Doster Egan Floyd Hale Hall
JOURNAL OF THE HOUSE,
Hargrett Harris, R. W. Harrison Higginbotham Holder Howard Howell Hutchinson Joiner Jones, C. M. Knapp Lambert Lambros Leggett Mason
Merritt Moreland Murphy Odom Paris Parker, H. W. Shields Stalnaker Thompson, R. Townsend Turner Tye Mr. Speaker
On the adoption of the amendment, the ayes were 46, nays 110.
The amendment was lost.
The following amendments were read and adopted:
Mr. Levitas of the 118th moves to amend HB 1438 as follows:
By inserting in Section 5 a new Subsection, to be designated Sub section "(d)", to read as follows:
"(d) Each sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon or silencer which is possessed by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon or silencer in accordance with the dictates of the National Firearms Act, approved August 16, 1964, 68A Stat. 725 (26 U. S. C. 58415862)."
By striking from Section 7 the following:
"All laws and parts of laws in conflict with this Act are hereby repealed.",
and by inserting in lieu thereof the following:
"This Act shall be deemed and shall be construed to be cumula tive of and supplemental to any existing laws of this State appli cable to the subject or subjects governed by this Act. Provided, how ever, that in the event any provisions of this Act are in conflict with existing laws, then the provisions in this Act shall govern and take precedence."
MONDAY, MARCH 4, 1968
2681
By adding a Section 8, to read as follows:
"All laws and parts of laws in conflict with this Act are hereby repealed."
Mr. Cheeks of the 104th moves to amend HB 1438 as follows:
By striking Subsection (c) of Section 4 in its entirety and inserting in lieu thereof the following:
"(c) The term 'machine gun', as used in this Act, means any weapons which shoots, or is designed to shoot, automatically, more than six shots, without manual reloading, by a single function of the trigger.".
Mr. Dickinson of 27th District moves to amend HB 1438 to exclude sawed off shotgun over 15 in. in total length.
An amendment offered by Mr. Hargrett of the 77th was read and lost. An amendment offered by Mr. Gay of the 60th was read and lost. An Amendment offered by Mr. Wilson of the 109th was read and lost. An amendment offered by Mr. Cooper of the 102nd was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Barber Berry, J. K. Black Bond Branch Bray Brown, B. D. Brown, C. Gates
Cato Chandler Cheeks Cole Collins, J. P. Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J.
Dailey Daugherty Dent Dickinson Dillon Dixon Dodson Edwards Egan Fallin Farmer
2682
Farrar Fleming Gary Gaynor Gignilliat Grahl Graves Grier Gunter Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Howell Hutchinson Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kaylor Knapp Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Longino
JOURNAL OF THE HOUSE,
Lovell Magoon Malone Matthews, C. Mauldin McClatchey McCracken Melton Miller Moate Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Palmer Paris Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts
Reaves Roach Ross Rush Shanahan Shuman Sims Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Tucker Underwood Vaughn, C. R. Walling Ward Ware Wells Wiggins Williams Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Anderson Ballard Battle Bo wen Clarke Collins, M. Colwell Cooper, B. Davis DeLong Dorminy Douglas Funk
Gay Hadaway Harris, J. F. Henderson
Higginbotham Hill Jenkins Joiner Kirksey Laite Lambros Land Leonard Lewis Mason Matthews, D. R. Maxwell McDaniell Mixon Pafford Parker, C. A.
Rainey Richardson Rowland Russell Savage Scarlett Sherman Simmons Smith, G. W. Smith, J. R. Stalnaker Vaughan, D. N. Westlake Whaley Wilson, J. M.
Those not voting were Messrs.:
Barfield Bennett
Berry, C. E. Blalock
Bostick Brantley, H. H.
Brantley, H. L. Buck Busbee Caldwell Games Dean
Dollar Doster Floyd Hale Hall
MONDAY, MARCH 4, 1968
Holder Hood Howard Jordan, G. Lambert Lane, Dick Leggett Lowrey Merritt Moreland Murphy
2683
Odom Ragland Shields Thompson, R. Townsend Turner Tye Wamble Mr. Speaker
On the passage of the Bill, as amended, the ayes were 119, nays 49.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Lambros of the 130th stated that his roll call machine had inadvertently voted "nay" but he intended to vote "aye" on the passage of HB 1438.
HB 1547. By Messrs. Colwell of the 5th, Moore of the 12th, Steis of the 100th and Wells of the 30th:
A Bill to be entitled an Act to provide that the governing authorities of the various counties shall have the authority to expend county funds for the purpose of employing personnel to assist the various county officers; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act To provide that the governing authorities of the various counties shall have the authority to expend county funds for the purpose of employing personnel and furnishing equipment to assist the various county officers, officials and departments in dis charging the responsibilities of their respective offices; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
The governing authorities of the various counties shall have the authority to expend county funds for the purpose of employing such additional personnel and providing equipment and supplies as in their
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respective judgments shall be necessary and advisable in order that such personnel and equipment might assist any county officer, official or department in discharging their duties and responsibilities in an efficient and orderly fashion. Nothing contained within this Act shall be construed so as to abrogate the authority of such officers and officials to select the personnel which shall be employed within their respective offices and departments.
SECTION 2
All laws and parts of laws in conflict with this Act are hereby re pealed.
The following amendment to the Committee substitute was read and adopted:
Mr. Fleming of the 106th moves to amend the Committee substitute to HB 1547 by inserting the word "temporary" between the words "addi tional" and "temporary" in line 2 of Section 1.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Barber Battle Berry, J. K. Black Bond Branch Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Cheeks Collins, M.
Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Douglas Edwards Fallin
Farrar Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Harrington Harris, J. R. Harris, R. W. Harrison
Henderson Higginbotham Hill Holder Hood Howard Howell Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Matthews, D. R.
MONDAY, MARCH 4, 1968
Mauldin Maxwell McClatchey McCracken McDaniell Melton Mixon Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Northcutt Otwell Palmer Paris Parker, C. A. Parker, H. W. Peterson Poss Potts Rainey Reaves Richardson Roach Rowland Rush Russell Scarlett Shanahan Sherman
2685
Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Tucker Turner Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Anderson
Cole
Parrish
Those not voting were Messrs.:
Ballard Barfield Bennett Berry, C. E. Blalock Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Buck Clarke Collins, J. P. Conner
Cook Crowe, W. J. Dollar Dorminy Doster Egan Farmer Floyd
Hale Hargrett Harris, J. P. Hutchinson Jenkins Jordan, G.
Lambert Land Leonard Mason Merritt Miller Moate Moreland Murphy
Nimmer Odom Oglesby Pafford Phillips
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Pickard Ragland Ross Savage
JOURNAL OF THE HOUSE,
Shields Thompson, R. Townsend Tye
Vaughan, D. N. Mr. Speaker
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.
HR 422-932. By Messrs. Rainey of the 69th, Hall of the 67th, Stalnaker of the 59th, Mullinax of the 42nd, Grahl of the 52nd, Kirksey of the 87th and others:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create a new Gome and Fish Commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V. Section IV, of the Constitution, relating to the Game and Fish Commission, is hereby amended by striking said section in its en tirety and inserting in lieu thereof a new Article V, Section IV, to read as follows:
"SECTION IV.
"Paragraph I. Game and Fish Commission. There is hereby created a State Game and Fish Commission which shall be a succes sor to the Commission existing at the time of the ratification of this amendment. The Commission shall have powers, authority, duties and shall receive such compensation and expenses as heretofore provided by law or as may hereafter be provided for by the General Assembly. There shall be eleven Commission Districts, as herein after provided, with one member from each district. The member of the Commission from each Commission District shall be elected by a majority vote of the members of the House of Representatives and Senate from the House Districts and Senatorial Districts em braced or partly embraced within such Commission District, meeting in caucus. The Commission Districts shall be composed as follows: The First Commission District shall be composed of all the counties that are in the First Congressional District at the time of ratifica tion of this amendment, with the exception of Chatham, Bryan,
MONDAY, MARCH 4, 1968
2687
Liberty and Mclntosh; The Second Commission District shall be composed of all the counties that are in the Second Congressional District at the time of ratification of this amendment; The Third Commission District shall be composed of all the counties that are in the Third Congressional District at the time of ratification of this amendment; The Fourth Commission District shall be composed of all the counties that are in the Fourth Congressional District at the time of ratification of this amendment; The Fifth Commission District shall he composed of all the counties that are in the Fifth Congressional District at the time of ratification of this amendment; The Sixth Commission District shall be composed of all the counties that are in the Sixth Congressional District at the time of ratifica tion of this amendment; The Seventh Commission District shall be composed of all the counties that are in the Seventh Congressional District at the time of ratification of this amendment; The Eighth Commission District shall be composed of all the counties that are in the Eighth Congressional District at the time of ratification of this amendment with the exception of Glynn and Camden Counties; The Ninth Commission District shall be composed of all the counties that are in the Ninth Congressional District at the time of ratifica tion of this amendment; The Tenth Commission District shall be composed of all the counties in the Tenth Congressional District at the time of ratification of this amendment; The Eleventh Commis sion District shall be composed of Chatham, Bryan, Liberty, Mcln tosh, Glynn and Camden Counties.
"Paragraph II. Election and Term of Office of Commissioners. The members of the Commission existing at the time of the ratifica tion of this amendment shall continue to serve until the members of the new Commission herein created are elected as hereinafter provided. Successors to the Commissioners from the Second, Fourth and Sixth Congressional Districts shall be elected by the respective legislative delegations from the Second, Fourth and Sixth Commis sion Districts. Such legislative delegations shall meet in caucus in December, 1968, and each delegation shall elect a Commissioner from the respective commission district, who shall serve for a period of two years beginning January 1, 1969. Successors to the Commission ers from the Eighth and Tenth Congressional Districts shall be elected by the respective legislative delegations from the Eighth and Tenth Commission Districts. Such legislative delegations shall meet in caucus in December, 1968, and each delegation shall elect a Commissioner from the respective commission district, who shall serve for a period of four years beginning January 1, 1969. Succes sors to the Commissioners from the First, Third and Fifth Congres sional District shall be elected by the respective legislative dele gations from the First, Third and Fifth Commission Districts. Such legislative delegations shall meet in caucus in December, 1969, and each delegation shall elect a Commissioner from the respective com mission district, who shall serve for a period of two years beginning January 1, 1970. Successors to the Commissioners from the Seventh and Ninth Congressional Districts shall be elected by the respective legislative delegations from the Seventh and Ninth Commission Districts. Such legislative delegations shall meet in caucus in Dec ember, 1969, and each delegation shall elect a Commissioner from the respective commission district, who shall serve for a period of four years beginning January 1, 1970. A successor to the Commis-
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sioner representing Chatham, Bryan, Liberty, Mclntosh, Glynn and Camden Counties shall be elected by the legislative delegation from the Eleventh Commission District. Such legislative delegation shall meet in caucus in December, 1969, and elect a Commissioner from the Eleventh District, who shall serve for a period of four years beginning January 1, 1970. Thereafter, all Commissioners shall be elected in the same manner for four year terms except those elected to fill vacancies as hereinafter provided. At least thirty days prior to the expiration of the term of office of any Commission member, the legislative delegation from the district represented by such Commission member shall meet and elect a Commission member for the next term of office. The action of the legislative delegation shall be transmitted to the Governor who shall administer the oath of office and issue a formal commission to the person so elected. Per sons elected to the Commission shall give bond in the sum of One Thousand ($1,000.00) Dollars in the usual form required of State Officers. All members of the Commission elected under the pro visions of this Section shall remain in office until the expiration of their terms or until removed as hereinafter provided. No person shall serve more than two consecutive four-year terms until after the expiration of four years from the conclusion of his last term of office.
"Paragraph III. Vacancies. Removal of Commissioners. The Governor may remove a Commissioner for inefficiency, neglect of duty, or misconduct in office, after first delivering to him and the legislative delegation from the district he represents, a copy of the charges. Such Commission member shall be afforded an opportunity to be publicly heard in person or by counsel in his own defense within ten days after being served with a notice of removal. If such Commissioner shall be removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such Commissioner and his findings thereon, together with a complete record of the proceedings. Any Commissioner so removed shall have the right to appeal such action to the legislative dele gation from the district which he represents for a hearing at which he may be represented by counsel of his choice. Notice of such appeal shall be given to the Governor and the aforementioned legislative delegation within ten days following removal by the Governor. The legislative delegation, by majority vote, may uphold, modify, or reverse the action of the Governor. Any vacancy on the Commission created in this manner or in any other manner shall be filled for
the unexpired term in the same manner as Commissioners are
chosen upon expiration of their terms of 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 Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
MONDAY, MARCH 4, 1968
2689
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for NO ( ) the creation of a new Game and Fish Commission?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create a new Game and Fish Commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section IV, of the Constitution, relating to the Game and Fish Commission, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Article V, Section IV to read as follows:
"SECTION IV.
"Paragraph I. Game and Fish Commission. There is hereby created a State Game and Fish Commission which shall consist of fifteen members and shall be a successor to the Commission existing at the time of the ratification of this amendment. The Commission shall have such powers, authority, duties and shall receive such compensation and expenses as heretofore provided by law or as may hereafter be provided for by the General Assembly. There shall be ten Commission Districts, as hereinafter provided, with one member from each district. The member of the Commission from each Commission District shall be appointed by the Governor from a list of three names submitted to him by the members of the House of Representatives and Senate from the House Districts and Senatorial Districts embraced or partly embraced within such Commission District, meeting in caucus. The First Commission District through the Tenth Commission District shall be composed of all the counties that are in the First Congressional District through the Tenth Con gressional District respectively, at the time of the ratification of this amendment.
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"Paragraph II. Appointment and Term of Office of Commis sioners from Commission Districts. The members of the Commission existing at the time of the ratification of this amendment shall con tinue to serve until the members of the new Commission herein created are appointed as hereinafter provided. The legislative dele gation from the Tenth Commission District shall meet in caucus in December, 1968 and shall submit three names to the Governor, who shall appoint from the names submitted, a Commissioner from the Tenth Commission District who shall serve for a period of four years beginning January 1, 1969 and succeed the present Commissioner from the Tenth Congressional District. The respective legislative delegations from the First and Third Commission Districts shall meet in caucus in December, 1969 and each such delegation shall submit three names to the Governor, who shall appoint from the names submitted a Commissioner from each Commission District, who shall serve for a period of four years beginning January 1, 1970 and succeed the present members of the Commission from the First and Third Congressional Districts. The respective legislative delegations from the Second, Fourth and Sixth Commission Districts shall meet in caucus in December, 1970 and each such delegation shall submit three names to the Governor who shall appoint from the names submitted a Commissioner from each Commission District, who shall serve for a period of four years beginning January 1, 1971 and succeed the present Commissioners from the Second. Fourth and Sixth Congressional Districts. The respective legislative delegations from the Fifth and Ninth Commission Districts shall meet in caucus in December, 1973 and each such delegation shall submit three names to the Governor, who shall appoint from the names submitted a Commissioner from each Commission District, who shall serve for a period of four years beginning January 1, 1974 and succeed the present Commissioners from the Fifth and Ninth Congressional Districts. The respective legislative delegations from the Seventh and Eighth Commission Districts shall meet in caucus in December, 1974 and each such delegation shall submit three names to the Governor who shall appoint from the name sub mitted a Commissioner from each Commission District, who shall serve for a period of four years beginning January 1, 1975 and succeed the present Commissioners from the Seventh and Eighth Congressional Districts. Thereafter, all Commissioners represent ing Commission Districts shall be appointed in the same manner for four year terms except those appointed to fill vacancies as here inafter provided. At least thirty days prior to the expiration of the term of office of any such Commission member, the legislative dele gation from the district represented by such Commission member shall meet and submit three names to the Governor, who shall ap point a Commissioner for the next term of office. All members of the Commission appointed under the provisions of this paragraph shall remain in office until the expiration of their terms or until removed as hereinafter provided.
"Paragraph III. Vacancies. Removal of Commissioners who represent Commission Districts. The Governor may remove a Com missioner, who represents a Commission District, for inefficiency, neglect of duty, or misconduct in office, after first delivering to him and the legislative delegation from the district he represents, a copy of the charges. Such Commission member shall be afforded
MONDAY, MARCH 4, 1968
2691
an opportunity to be publicly heard in person or by counsel in his own defense within ten days after being served with a notice of removal. If such Commissioner shall be removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such Commissioner and his findings there on, together with a complete record of the proceedings. Any Com missioner so removed shall have the right to appeal such action to the legislative delegation from the district which he represents for a hearing at which he may be represented by counsel of his choice. Notice of such appeal shall be given to the Governor and the aforementioned legislative delegation within ten days following re moval by the Governor. The legislative delegation, by majority vote, may uphold, modify, or reverse the action of the Governor. Any vacancy on the Commission created in this manner or in any other manner shall be filled for the unexpired term in the same manner as Commissioners are chosen upon expiration of their terms of office.
"Paragraph IV. Appointment of Additional Members. In addi tion to the members of the Commission who represent Commission Districts, the Governor shall appoint a successor to the present Commissioner representing Chatham, Bryan, Liberty, Mclntosh, Glynn and Camden Counties, who shall reside in one of the above named counties, and shall take office on January 1, 1969, serve for a period concurrent with the term of office of the Governor who appointed him and be subject to removal at the pleasure of said Governor. The Governor shall also appoint four members of the Commission from the State at large. Such members shall serve for a period concurrent with the term of office of the Governor who appointed them and be subject to removal at the pleasure of said Governor. Provided, however, under no circumstances shall there be more than two members of the Commission who reside in one Con gressional District. All appointments which the Governor makes pursuant to the provisions of this paragraph shall be subject to confirmation by the Senate."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for NO ( ) the creation of a new Game and Fish Commission?"
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".
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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report to the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Battle Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Cheeks Clarke Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Dean
DeLong Dent Dickinson Dillon Dixon Dodson Dorminy Douglas Edwards Fallin Farmer Farrar Funk Gary Gay Gaynor Gignilliat
Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Holder Hood Howard Howell Jenkins
Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax
Murphy Nash Nessmith Newton Nimmer Northcutt Palmer Paris Parker, H. W. Peterson Poss Potts Ragland Rainey Reaves Richardson Roach
MONDAY, MARCH 4, 1968
Rowland Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W.
2693
Threadgill Tucker Turner Underwood Vaughan, D. N. Walling Wamble Ward Ware Wells Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative was Mr. W. S. Lee
Those not voting were Messrs.:
Barfield Bennett Berry, C. E. Bostick Bowen Buck Chandler Crowe, W. J. Davis Dollar Doster Egan Fleming Floyd Hale Harrison
Hill Hutchinson Jordan, G. Lambert Leonard Levitas Magoon Merritt Moreland Odom Oglesby Otwell Pafford Parker, C. A. Parrish Phillips
Pickard Ross Rush Russell Savage Shields Sullivan Thompson, R. Townsend Tye Vaughn, C. R. Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 158, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock tomorrow morning.
The motion prevailed and the Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, March 5, 1968
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. Milton L. Wood, Pastor, Sisters Baptist Church, Sandersville, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Tuesday, March 5, 1908, and submits the following:
TUESDAY, MARCH 5, 1968
2695
(SAID CALENDAR WILL BE AMENDED THIS MORNING BY A SUP PLEMENTAL CALENDAR).
HB
44. Civil liability, aid law enforcement officer.
HB
325. Civil cases, deposit on court cases (Tabled).
HB
881. Traffic violations, point system.
HB
910. Fair Market Value, property 40% of value.
HR 399- 912. Development Authorities, create.
HR 426- 941. Removal of Appointed Constitutional Officers.
HB
884. Motor fuel tax, purchased out of State.
HB
986. Highways, regulate pipe installation.
HB
993. Highways, streets, control.
HB
994. Highways, bridges across State line.
HB 1050. Retirement System, employment after retirement.
HB 1061. Highway Department, grant permits to utilities. (Postponed)
HB 1165. Non-resident, doing business in State.
HR 537-1179. Ad valorem taxes, persons exempt.
HB 1193. Motorboat Numbering Act, amend.
HB 1233. Nuclear Compact, necessary funds.
HR 596-1247. Sales Tax, personal property, out of State.
HB 1311. Pornographic material, unlawful to sell.
HB 1329. Worthless checks, drafts, etc.
HB 1336. Stock and livestock, terms include horses.
HB 1338. Livestock, buying and selling, term include.
HB 1374. Georgia Building Authority, bond limitation.
HB 1396. Atlanta, Municipal Zoo facilities.
HB 1404. General Assembly members, elections.
HB 1420. Municipal and counties, create Planning Department.
HB 1452. Alcoholic beverages, licenses, rules.
HR 679-1465. Levy of taxes, Fulton County.
HB 1489. Sales tax, catfish and feed, stocking fish ponds.
HB 1586. Radiation, control, site for storage of wastes.
HB 1597. Appropriations Bill, General Assembly action.
HB 1622. Tugboats, persons or firms, tax returns.
SB
30. Trial Judges and Solicitors' Retirement Fund.
2696
SB SR SB SR SR SB SB SB SB SB SB SB SB SB
JOURNAL OF THE HOUSE,
31. Superior Court Judges' Emeritus. 154. Tobacco, yield and acreage. 154. Sporting and entertainment events. 155. Tobacco, grade concealed. 156. Tobacco, grader. 180. Court Reporters, salaries by counties. 189. State Revenue Commissioner, compensation. 205. Model glue, selling and possessing. 232. Flue-cured leaf tobacco, relating to sale. 246. Court Clerks, retirement benefits. 258. License tags, veterans. 314. Sales Tax, saw dust and wood shavings. 322. General Assembly members, license plates. 359. Elections, political activities, campaign practice.
All Compensation Resolutions. All Local Contested Bills.
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 and Senate were read the second time:
HB 1651. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Waverly Hall in Harris County, to as to change the term of office of the Mayor and Council; to change the punishment of offenders against the ordinance of said town; and for other purposes.
HB 1652. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend an Act creating and establishing the City Court of Habersham County, so as to provide that in all matters pertaining to service, pleadings, practice, notice and appeal the laws governing the Superior Courts shall govern the City Court of Habersham County; and for other purposes.
TUESDAY, MARCH 5, 1968
2697
HB 1653. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act repealing an Act incorpo rating the Town of Midway and creating a charter for the City of Midway in the County of Liberty, so as to change the compensation of the mayor and council; and for other purposes.
HR 806-1653. By Messrs. Mason and Nash of the 22nd:
A Resolution proposing a constitutional amendment so as to change the provisions relating to the filling of vacancies on the Board of Education of Gwinnett County; and for other purposes.
HB 1654. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, and the ordinary of Dougherty County upon an annual salary, so as to change the compensation of the ordinary of Dougherty County; and for other purposes.
HB 1655. By Mr. Paris of the 23rd:
A Bill to be entitled an Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for the confinement of federal prisoners in institutions operated under the jurisdiction of the State Board of Cor rections; and for other purposes.
SR 76. By Senator Bateman of the 27th:
A Resolution to relieve All-State Bonding Company as surety on four appearance bonds and to cancel four Fi. Fas. issued against All-State Bonding Company; and for other purposes.
SB 368. By Senators Kidd of the 25th and Sells of the 37th:
A Bill to be entitled an Act to amend an Act exempting the compensation received by certain enlisted personnel of the armed forces and certain compensation received by certain commissioned officers of the armed forces from State income taxes; and for other purposes.
SB 385. By Senator Sells of the 37th, Hall of the 52nd and Smith of the 18th:
A Bill to be entitled an Act to provide that it shall be unlawful to make or cause to be made or duplicate master keys except under certain cir cumstances; and for other purposes.
2698
JOURNAL OP THE HOUSE,
SB 388. By Mr. McGill of the 24th:
A Bill to be entitled an Act to abolish the present mode of compensating the Solicitor General of the Toombs Judicial Circuit known as the fee system; to provide in lieu thereof an annual salary, and for other purposes.
SB 400. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Nashville, so as to change the corporate limits of said city; and for other purposes.
SB 401. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the office of Treasurer of White County; to provide that the Commissioners of Roads and Revenues of White County shall appoint depositories for county funds; and for other purposes.
SB 406. By Senator Hall of the 52nd:
A Bill to be entitled an Act to create the Coosa Valley Area Vocational Technical School and Junior College System; to provide for a Board of Trustees of said system; and for other purposes.
SB 407. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Claxton, in the County of Evans, so as to change the provi sions relating to the compensation of the Mayor and Councilmen; and for other purposes.
SB 410. By Senators Shea of the 3rd and Gardner of the 1st:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and organize Commissioners of Chatham County, who shall be ex officio Judges, to define their jurisdiction and duties, and for other purposes, so as to change the number of commissioner districts; and for other purposes.
SB 412. By Senators Shea of the 3rd and Gardner of the 1st:
A Bill to be entitled an Act to amend an Act so as to change the provi sions relating to the compensation of the Chairman and members of the Board of County Commissioners and ex officio Judges of Chatham County; and for other purposes.
TUESDAY, MARCH 5, 1968
2699
SB 415. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit; and for other purposes.
SB 324. By Senators Shea of the 3rd, Gardner of the 1st, and Searcey of the 2nd:
A Bill to be entitled an Act to provide the procedure for the impaneling of alternate jurors in criminal cases in the Superior Courts of this State; to provide how such alternate jurors may be substituted for original jurors; and for other purposes.
SB 325. By Senator Shea of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 105-1, so as to pro vide that the owner of a watercraft shall be liable for any tort caused by the operation of such watercraft when it is operated with the owner's consent; and for other purposes.
SB 386. By Senator Flowers of the 10th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act"; so as to change the method of appointing the medical examiner; to provide that the testimony and report of the medi cal examiner in an inquest shall be prima facie evidence; and for other purposes.
SB 390. By Senator Dean of the 6th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to set or construct any device on the lands of another person de signed to capture livestock with the intent to remove same therefrom; and for other purposes.
SB 408. By Senator London of the 50th:
A Bill to be entitled an Act to create the North Georgia Mountains Com mission as a commission and agency of the State Government; and for other purposes.
SB 409. By Senator London of the 50th:
A Bill to be entitled an Act to create the North Georgia Mountains Authority as an instrumentality of the State; and for other purposes.
SR 215. By Senator Adams of the 26th:
A Resolution proposing an amendment to the Constitution so as to re move therefrom the restrictions prohibiting the State from incurring indebtedness; and for other purposes.
2700
JOURNAL OF THE HOUSE,
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed a supplemental calendar for today's business, Tuesday, March 5, 1968 by adding and submitting the following:
HR 396- 912. Board of Corrections, Create New Board.
HR 398- 912. Department of Industry and Tourism, Create
HB
952. Teachers Retirement, Earnable Compensation.
HR 436- 952. Homestead Exemption, Disabled Veterans.
HB 1180. Certain Counties, School System, Certify Teachers.
HB 1185. Municipalities and counties, Occupational Tax.
HB 1241. Credit Unions, powers of Superintendent of Banks.
HB 1352. Board of Health, additional member.
HB 1424. Department of Education, Training Program.
HB 1439. Counties, Board of Commissioners of Roads and Revenues.
HR 677-1458. Certain officers, salaries, no change during term.
HB 1472. Unincorporated Organization or Association, Indebtedness.
HB 1533. Municipalities, provide for minimum grants.
HB 1593. Prisons, works camps, wardens, oath.
HB 1636. Department of Industry and Trade, Reimburse Personal Expenses.
HR 784-1636. Department of Industry and Trade, Reimburse Personal Expenses.
HR 786-1643. Game and Fish, Reimburse Certain Employees.
HB 1650. Counties, 17,000 or Less, County Surveyors.
SR
178. Uniform Consumer Credit Code, committee.
SR
213. Sale of milk, regulate by General Assembly.
SB
247. Minimum Foundation Program, allotment of teachers.
SB
260. Discharge certificates, recording fees.
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
TUESDAY, MARCH 5, 1968
2701
Mr. Rainey of the 69th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 325.
Respectfully submitted,
Rainey of the 69th
Chairman
Mr. Smith of the 3rd District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 295. Do Pass by Substitute. SB 323. Do Pass. HB 1555. Do Pass. SB 174. Do Pass. SB 338. Do Pass.
Respectfully submitted, Smith of the 3rd Chairman
Mr. Conner of the 91st District, Chairman of the Committee on Insurance submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1549. Do Pass.
2702
JOURNAL OP THE HOUSE,
HR 505. Do Pass by Substitute. SB 117. Do Pass.
Respectfully submitted, Conner of the 91st Chairman
Mr. Harris of the 118th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following BiL of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 353. Do Pass as Amended. Respectfully submitted, Harris of the 118th 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 Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB
838. Do Pass by Substitute.
HB 1600. Do Pass.
HB 1609. Do Pass.
HB 1654. Do Pass.
HR 806-1653. Do Pass.
HR 782-1631. Do Pass.
HB 1642. Do Pass.
HB 1651. Do Pass.
HB 1652. Do Pass.
HB 1653. Do Pass.
SB
355. Do Pass.
TUESDAY, MARCH 5, 1968
2703
SB
365. Do Pass.
SR
53. Do Pass.
SR
218. Do Pass by Substitute.
Respectfully submitted,
Clarke of the 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 following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 798. Do Pass. Respectfully submitted,
Dorminy of the 72nd, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 230. Do Pass as Amended. SB 324. Do Pass.
Respectfully submitted, Steis of the 100th, Chairman.
Mr. Chandler of the 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 con sideration the following Bill and Resolutions of the House and has instructed
2704
JOURNAL OF THE HOUSE,
me as Chairman, to report the same back to the House with the following recom mendations :
HB 1655. Do Pass. HR 799. Do Pass. HR 797. Do Pass.
Respectfully submitted, Chandler of the 47th, 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 Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 708. Do Pass. SB 237. Do Pass as Amended. SR 157. Do Pass. SB 316. Do Pass.
Respectfully submitted, McCracken of the 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 Bills of the House, to-wit:
HB 259. By Messrs. Moore of the 12th, Parker of the 68th and Northcutt of the 35th:
A Bill 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.
TUESDAY, MARCH 5, 1968
2705
HB 935. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to amend Code Section 13-2023, so as to provide for the purchase of capital stock in subsidiary corporations organized for the purpose of exercising such incidental powers as may be necessary to carry on the business of banking; and for other purposes.
HB 938. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to amend Code Chapter 13-18, so as to provide that banks shall have the corporate power to do all and everything necessary and proper for the accomplishment of any and all objectives which the Superintendent of Banks may approve as incidental, related, or neces sary to effectively provide full banking service and services incidental and related thereto; and for other purposes.
HB 1221. By Mr. McClatchey of the 138th:
A Bill to revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes.
HB 1289. By Messrs. Mullinax of the 42nd, Rainey of the 69th, Dixon of the 83rd, Dickinson of the 27th, Busbee of the 79th and Hall of the 67th:
A Bill providing for licensing farms for the commercial production of alligators; to provide for a license fee; to authorize the State Game and Fish Commission to regulate such farms; and for other purposes.
HB 1292. By Mr. Savage of the 58th:
A Bill to amend Code Section 109A-2-316 of the "Uniform Commercial Code", so as to exclude from the application of the implied warranties of merchantability and fitness for particular purpose the storage, etc. distribution or use of whole human blood, blood plasma, etc., for the purpose of injecting, transfusing, incorporating or transplanting any of them into the human body; and for other purposes.
HB 1296. By Mr. McClatchey of the 138th:
A Bill to amend Section 92-3120 of the Code of Georgia, so as to pro vide that the gain or loss on property transferred to a corporation shall be handled as provided by Section 351 of the Internal Revenue Code of 1954; and for other purposes.
HB 1450. By Messrs. Lewis and Newton of the 50th:
A Bill to amend an Act providing that the salary of the Judge of the Superior Court of the Augusta Judicial Circuit shall be supplemented
2706
JOURNAL OP THE HOUSE,
by payments to be made from the county treasury of Burke County; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 865. By Mr. Richardson of the 116th:
A Bill to provide that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit any felony; and for other purposes.
HB 933. By Messrs. Murphy of the 26th and McClatchey of the 138th: A Bill to amend Code Section 100-108, so as to provide that industrial revenue bonds or bonds of development authorities duly validated and not in default may be given by state depositories under certain con ditions; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1030. By Messrs. Dickinson of the 27th, Ballard of the 37th, Collins of the 62nd, Carnes of the 129th and others: A Bill to amend Code Section 109A-2-318, relating to third party bene ficiaries of express or implied warranties of goods, so as to provide that lack of privity between the plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 225. By Senators Coggin of the 35th and Rowan of the 8th: A Bill to provide that any person who keeps, maintains, employs or carries on a game for the hazarding of money or other things of value, or permits the playing for money or keeps or employs a device or equipment for the hazarding of money shall be guilty of a felony; and for other purposes.
SB 304. By Senator Conway of the 41st: A Bill to amend Code Chapter 34-15, so as to provide for an automatic recount of the votes cast when a candidate is nominated or elected by a number of votes cast for such office; and for other purposes.
TUESDAY, MARCH 5, 1968
2707
SB 329. By Senators Fincher of the 54th, Noble of the 19th, McGill of the 24th and others:
A Bill to amend an Act fixing the compensation of the Director of the Department of State Parks, so as to change the compensation of the Director; and for other purposes.
SB 339. By Senator Fincher of the 51st:
A Bill to amend an Act known as the "Georgia Health Code", so as to provide for the protection of the public health by prohibiting the dis charge of sewage on the surface of the ground or into the ground; and for other purposes.
SB 384. By Senator Adams of the 26th:
A Bill to provide that the aggregate total of all indebtedness which may be incurred by the State of Georgia during any fiscal year shall not exceed fifteen (15%) percent of the total revenue received, less refunds, by the State in the immediately preceding fiscal year; and for other purposes.
SB 413. By Senator Fincher of the 51st:
A Bill to amend Code Section 88-2201, relating to the Hospital Advisory Council, so as to delete from said Section the reference to Indigent Care; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:
SR 245. By Senator Kidd of the 25th:
A Resolution requesting the State Department of Public Health to transfer certain real property, buildings and other facilities to the State Properties Control Commission; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1294. By Mr. Roach of the 15th:
A Bill to encourage and promote medical and scientific research facili ties and the development of scientific devices by exempting certain activities, persons, organizations and properties from building and zon ing restrictions, fire regulations and requirements; and for other pur poses.
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to wit:
2708
JOURNAL OF THE HOUSE,
SR 250. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to create a special court in Houston County; and for other purposes.
SR 261. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution so as to create the Houston County Building Commission; to provide for the powers, authority, limitations, fund, purposes and procedures connected with said commission; and for other purposes.
SR 183. By Senators Hall of the 52nd and Plunkett of the 30th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to empower the Board of Regents of the University System of Georgia to provide grants or scholarships to students attending colleges or universities which are not branches of the University System of Georgia; and for other purposes.
SR 227. By Senators Hall of the 52nd, Brown of the 46th, Young of the 13th, and Plunkett of the 30th:
A Resolution providing for the Teacher of the Year Book; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 225. By Senators Coggin of the 35th and Rowan of the 8th:
A Bill to be entitled an Act to provide that any person who keeps, maintains, employs or carries on a game for the hazarding of money or other thing of value, or permits the paying for money or keeps or employs a device or equipment for the hazarding of money shall be guilty of a felony; and for other purposes.
Referred to the Committee on Judiciary.
SB 304. By Senator Conway of the 41st:
A Bill to be entitled an Act to amend Code Chapter 34-15, so as to provide for an automatic recount of the votes cast when a candidate is nominated or elected by a number of votes cast for such office; and for other purposes.
Referred to the Committee on State of Republic.
TUESDAY, MARCH 5, 1968
2709
SB 329. By Senators Fincher of the 54th, Noble of the 19th, McGill of the 24th and others:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Director of the Department of State Parks, so as to change the comcpensation of the Director; and for other purposes.
Referred to the Committee on Natural Resources.
SB 339. By Senator Pincher of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Health Code", so as to provide for the protection of the public health by prohibiting the discharge of sewage on the surface of the ground or into the ground; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 384. By Senator Adams of the 26th:
A Bill to be entitled an Act to provide that the aggregate total of all indebtedness which may be incurred by the State of Georgia during any fiscal year shall not exceed 15% of the total revenue received, less refunds, by the State in the immediately preceding fiscal year; and for other purposes.
Referred to the Committee on Appropriations.
SB 413. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend Code Section 88-2201, relating to the Hospital Advisory Council, so as to delete from said Section the reference in Indigent Care; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SR 63. By Senators Johnson of the 38th, Wesberry of the 37th and Andrews of the 49th:
A Resolution to change the name and designation of the office of solicitor-general to district attorney; and for other purposes.
Referred to the Committee on Judiciary.
SR 245. By Senator Kidd of the 25th:
A Resolution requesting the State Department of Public Health to transfer certain real property, buildings and other facilities to the State Properties Control Commission; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
2710
JOURNAL OP THE HOUSE,
SR 253. By Senators Hensley of the 33rd, Moore of the 31st, Knight of the 16th, and Smith of the 18th:
A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
Referred to the Committee on Motor Vehicles.
SR 183. By Senators Hall of the 52nd and Plunkett of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Regents of the University System of Georgia to provide grants or scholarships to students attending colleges or universities which are not branches of the University System of Georgia; and for other purposes.
Referred to the Committee on University of Georgia.
SR 227. By Senators Hall of the 52nd, Broun of the 46th, Young of the 13th, and Plunkett of the 30th:
A Resolution providing for the Teacher of the Year Book; and for other purposes.
Referred to the Committee on Education.
SR 250. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to create a special court in Houston County; and for other purposes.
Referred to the Committee on Local Affairs.
SR 261. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution so as to create the Houston County Building Commission; to provide for the powers, authority, limitations, funds, purposes and procedures con nected with said commission; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time.
HB 1486. By Messrs. Johnson of the 40th and Ross of the 31st:
A Bill to abolish the present mode of compensating the Solicitor Gen eral of the Toombs Judicial Circuit known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs and
TUESDAY, MARCH 5, 1968
2711
other emoluments shall become the property of the counties comprising said circuit; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1486 as follows:
By inserting in the title immediately preceding the phrase "to pro vide an effective date;" the following: "to provide for a referendum;".
By renumbering Sections 7 and 8 and Sections 8 and 9, and by adding a new section to be designated Section 7 to read as follows:
"Section 7. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordi nary of each of the counties comprising the Toombs Judicial Cir cuit to issue the call for an election for the purpose of submitting this Act to the voters of such counties for approval or rejection. The ordinary of each such county shall set the date of such elec tion for the first Wednesday in May, 1968. The ordinary of each such county shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each such county. The ballot shall have written or printed thereon the words:
'For approval of the Act abolishing the present mode of com pensating the solicitor general of the Toombs Judicial Circuit known as the fee system and providing in lieu thereof an annual salary.
'Against approval of the Act abolishing the present mode of compensating the solicitor general of the Toombs Judicial Circuit known as the fee system and providing in lieu thereof an annual salary.'
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. The expense of such election shall be borne by each of the counties comprising the Toombs Judicial Circuit. It shall be the duty of the ordinaries of such counties to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of said ordinaries to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
2712
JOURNAL OF THE HOUSE,
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1608. By Messrs. Carnes of the 129th, Lambros of the 130th, McClatchey of the 138th, Townsend of the 140th and others:
A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of the public school system of each city of this state having a population of more than 300,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1642. By Mr. Barber of the 24th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Jefferson in Jackson County, so as to change the salary 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1645. By Messrs. Battle of the 116th, Smith of the 114th, Whaley and Tye of the 115th, Berry and Gignilliat of the 113th:
A Bill to be entitled an Act to provide that employees of all political subdivisions of Chatham County and the City of Savannah shall have the right of self-organization to state the public policy; and for other purposes.
TUESDAY, MARCH 5, 1968
2713
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having receiving the requisite constitutional majority, was passed.
HB 838. By Mr. Barber of the 24th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court, the Ordinary, and the Tax Col lector of Jackson County, known as the fee system, so as to provide in lieu thereof annual salaries for such officers; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to consolidate the offices of tax receiver and tax collector of Jackson County into the office of the tax commis sioner of Jackson County; to provide for the election of the tax com missioner; to provide for his term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi fas; to abolish the present mode of compensating the clerk of the superior court, the sheriff and the ordinary of said county, known as the fee system; to provide in lieu thereof annual salaries for such officers, including the tax commissioner; to provide that all fees, costs or other emoluments of each of said officers shall become the property of the county; to provide for the collection of all such fees, costs and emolu ments; to provide that certain fees be paid to said officers; to provide for periodic statements; to provide for the payment of the operating expenses of said offices; to provide for the employment of deputies, clerks, assistants and all required personnel by such officers; to pro vide for the compensation of such personnel; to provide for arbitrating disagreements; to provide for compensating the Commissioner of Roads and Revenues of said county; to specifically repeal a conflicting law; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The offices of tax receiver and tax collector of Jackson County are hereby consolidated and combined into the one office of the tax commissioner of Jackson County. The rights, duties and lia bilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State.
2714
JOURNAL OF THE HOUSE,
Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Jackson County in 1968. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1972, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Jackson County, and their terms of office shall continue through December 31, 1968. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector.
Section 3. All taxes due and payable Jackson County at the time the tax commissioner takes office shall continue to be due and pay able until paid. All tax fi fas heretofore issued shall have full force and effect and shall be collectible as issued.
Section 4. The present mode of compensating the clerk of the superior court, the sheriff and the ordinary of Jackson County, known as the fee system, is hereby abolished, and in lieu thereof, annual sal aries for such officers are prescribed as hereinafter provided.
Section 5. (a) The clerk of the superior court shall receive an annual salary of ten thousand ($10,000.00) dollars, payable in equal monthly installments from the funds of Jackson County.
(b) The governing authority of Jackson County is hereby author ized to increase the salary of the clerk of the superior court to twelve thousand ($12,000.00) dollars per annum.
Section 6. (a) The sheriff shall receive an annual salary of ten thousand ($10,000.00) dollars, payable in equal monthly installments from the funds of Jackson County.
(b) The governing authority of Jackson County is hereby author ized to increase the salary of the sheriff to twelve thousand ($12,000.00) dollars per annum.
Section 7. (a) The ordinary shall receive an annual salary of eight thousand ($8,000.00) dollars, payable in equal monthly install ments from the funds of Jackson County.
(b) The governing authority of Jackson County is hereby author ized to increase the salary of the ordinary to ten thousand ($10,000.00) dollars per annum.
Section 8. (a) The tax commissioner shall receive an annual sal ary of ten thousand ($10,000.00) dollars, payable in equal monthly in stallments from the funds of Jackson County.
TUESDAY, MARCH 5, 1968
2715
(b) The governing authority of Jackson County is hereby author ized to increase the salary of the tax commissioner to twelve thousand ($12,000.00) dollars per annum.
Section 9. (a) After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, for feitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their respective offices, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, each of said officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
(b) All fees, costs, fines, forfeitures, commissions, allowances, penalties, funds, monies, payments into retirement system and all other emoluments which have accrued to the said officer at the time this Act becomes effective and to which said officer is entitled and which re mains uncollected at the time this Act becomes effective, shall when collected be paid to said officer. However, such officers shall report the collection of any such fees to the governing authority of the county.
Section 10. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commis sions costs, fines, emoluments and perquisites of whatever kind, in cluding those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue De partment, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Extra Session, p. 297), as amended.
Section 11. (a) Each of the above named officers shall from time to time recommend to the governing authority of said county a num ber of such deputies, clerks, assistants, secretaries and other personnel as they shall each deem necessary to efficiently and effectively dis charge the official duties of their respective offices together with sug gested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Jackson County to approve the necessary positions of employment and to fix the com pensation to be received by each employee in said offices. It shall be within the sole power and authority of each of said officers, during his respective term of office, to designate and name the person or per sons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to re move or replace any of such employees at will and within his sole discretion.
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(b) In the event a disagreement arises between said officers and the governing authority over the salaries, or number of office person nel, or supplies or equipment, the officers shall be authorized to appeal to an arbitration committee composed of the Judge of the Superior Court of Jackson County, the solicitor general and the chairman of the governing authority of the county. Said committee shall then fix the disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final.
Section 12. The necessary operating expenses of each of said of fices, expressly including the compensation of all personnel and em ployees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uni forms, vehicles and equipment, and the repair, replacement and main tenance thereof, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for each office shall be at the sole discretion of the governing authority of Jackson County.
Section 13. The official bonds of each of said officers, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by each elected officer, and the premiums and costs thereof shall be paid out of any county funds avail able for that purpose.
Section 14. The chairman of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia shall receive a salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Jackson County. The governing authority of Jackson County is hereby authorized to increase the salary of said chairman to $12,000.00 per annum. The members of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, other than the chairman, shall each receive a salary of $1,200.00 per annum plus $25.00 per month for travel and other expenses payable out of the funds of Jackson County. The governing authority of Jackson County is hereby authorized to increase the salary of said members of the Board to $1,800.00 per annum.
Section 15. An Act abolishing the mode of compensating the sher iff of Jackson County, approved March 2, 1966 (Ga. Laws 1966, p. 2977), is hereby repealed in its entirety.
Section 16. The provisions of this Act shall become effective on January 1, 1969, except for Section 2 relating to electing a tax com missioner, which shall become effective immediately upon this Act be coming law.
Section 17. 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.
TUESDAY, MARCH 5, 1968 On the passage of the Bill, by substitute, the ayes were 110, nays 0.
2717
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1600. By Mr. Clarke of the 45th:
A Bill to provide for the election of members of the board of education of Butts County; to provide for number positions on the board; to pro vide the manner of electing members to the board; to provide for the filling of vacancies on the board; to provide for the election of a chair man of the board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1609. By Messrs. Cook of the 123rd, Townsend of the 140th, Carnes of the 129th, Lambros of the 130th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the pasage of the Bill, was 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 355. By Senators Hensley of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta, in the County of Cobb, so as to provide that the Board of Education of the City of Marietta shall be authorized to sell, lease or rent real or personal property owned by said Board of Education; and for other purposes.
2718
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the pasage of the Bill. was 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 365. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to change the rate of interest payable and maaturity date on revenue bonds; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 782-1631. By Mr. Dixon of the 83rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the powers, duties and responsibilities of the sheriff of Ware County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision thereof, shall be exercised by a county police force which shall be established by the governing authority of Ware County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"Effective January 1, 1969, the powers, duties and responsibilties of the sheriff of Ware County, as they relate to the enforce ment of the criminal laws of the United States, this State and any political subdivision thereof, shall devolve upon and be exercised by a county police force which shall be established by the governing authority of Ware County pursuant to the provisions of Code Chap-
TUESDAY, MARCH 5, 1968
2719
ter 23-14 for the purposes of enforcing such laws and exercising and discharging all of the powers, duties and responsibilities formerly vested in the sheriff of Ware County insofar as his criminal law enforcement responsibilities and duties are concerned. The sheriff of Ware County shall continue to discharge all of the powers, duties and responsibilities of his office as they pertain to the Superior Court of Ware County and the City Court of Waycross, as well as his powers, duties and responsibilities as the jailor of the Ware County Jail."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that the powers, duties and responsibilities of the sheriff of Ware County, as they relate to the enforce ment of criminal laws of the United States, this State
NO ( ) and any political subdivision thereof, shall be exercised by a county police force which shall be established by the governing authority of Ware County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson
Ballard Barber Barfield
Battle Bennett Berry, C. E.
2720
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 Cato Chandler Cheeks Cole Collins, M. Colwell Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dillon Dodson Dollar Douglas Edwards Egan Fleming Funk Gay Gaynor Gignilliat Graves Grier Gunter Hadaway
JOURNAL OF THE HOUSE,
Hale Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. S. Leggett Leonard Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Mullinax Nash Nessmith Nimmer
Otwell Pafford Palmer Paris Phillips Poss Potts Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Thompson, A. W. Thompson, R. Townsend Turner Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Gates Clarke Collins, J. F. Conner Cooper, B.
Dean Dickinson Dixon Dorminy Doster
Fallin Farmer Farrar Floyd Gary
TUESDAY, MARCH 5, 1968
2721
Grahl Hamilton Henderson Hill Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Lambros Lee, W. J. (Bill) Levitas Longino
Matthews, D. R. Moate Moore, Don C. Moore, J. H. Moreland Murphy Newton Northcutt Odom Oglesby Parker, C. A. Parker, H. W. Parrish Peterson
Pickard Ragland Rainey Savage Stalnaker Sweat Threadgill Tucker Tye Walling Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 150, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
SR 53. By Senators Coggin of the 35th, Johnson of the 38th, Smith of the 34th and others:
A RESOLUTION
Proposing an amendment to Article VII, Section VII of the Consti tution, so as to authorize the City of Atlanta to issue bonds for school buildings or facilities without a referendum election and without compli ance with other provisions of this Constitution which limit the author ity of the City of Atlanta to incur debt; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA, and it is hereby resolved:
Section 1. That Article VII, Section VII of the Constitution of Georgia, as amended, be further amended by adding at the end thereof a new Section to be appropriately numbered and to be as follows:
Notwithstanding any other provision of this Article, the City of Atlanta is authorized to incur debt to the extent of 45 million dollars for the purpose of providing funds to acquire, construct, equip, improve and add to new or existing school buildings or facilities of the school system of the City, and for the acquisition of the neces sary land and other property therefor. Said debt to the extent of 45 million dollars shall be incurred by the City of Atlanta upon request of the School Board of the City of Atlanta School System and shall not be conditioned upon approval by the voters in a refer endum or election.
If said debt is incurred during the years 1968 or 1969, said debt may exceed by as much as the full amount of 45 million dollars the
2722
JOURNAL OF THE HOUSE,
indebtedness authorized by all other provisions of this Article, and amendments thereto, which are applicable to the City of Atlanta.
Section 2. This amendment to the Constitution shall be operative during the years 1968 and 1969, but no debt shall thereafter be incurred under the provisions of this amendment.
Section 3. The debt authorized by this amendment to the Constitu tion shall be in addition to any debt which the City of Atlanta may be otherwise authorized to incur or shall incur.
Section 4. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the 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 to the voters of the City of Atlanta as provided in Article III, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment to the voters of the City of Atlanta shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the City of Atlanta to incur debt to the extent of 45 million dollars for construction of schools without referendum, and, if in curred in 1968 or 1969, without regard to other constitutional limitations."
"Against ratification of amendment to the Constitution so as to authorize the City of Atlanta to incur debt to the extent of 45 million dollars for construction of schools without referendum, and, if in curred in 1968 or 1969, without regard to other constitutional limitations."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of Georgia. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
TUESDAY, MARCH 5, 1968
Those voting in the affirmative were Messrs.
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 Games Cato Chandler Cheeks Cole Collins, M. Colwell Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Da vis DeLong Dent Dillon Dodson Dollar Douglas Edwards Egan Fleming
Funk Gay
Gaynor Gignilliat Graves Grier Gunter Hadaway Hale Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. S. Leggett Leonard Lewis Lovell Lowrey Magoon Malone Mason Matthews, C.
Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt
Miller
Mixon Mullinax
2723
Nash Nessmith Nimmer Otwell Pafford Palmer Paris Phillips Poss Potts Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Thompson, A. W. Thompson, R. Townsend Turner Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W.
Winkles Wood
2724
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Gates Clarke Collins, J. F. Conner Cooper, B. Dean Dickinson Dixon Dorminy Doster Fallin Farmer Farrar
Floyd Gary Grahl Hamilton Henderson Hill
Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Lambros Lee, W. J. (Bill) Levitas Longino Matthews, D. R. Moate Moore, Don C.
Moore, J. H. Moreland Murphy Newton Northcutt Odom
Oglesby Parker, C. A. Parker, H. W. Parrish Peterson Pickard Ragland Rainey Savage Stalnaker Sweat Threadgill Tucker
Tye Walling Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 150, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
SR 218. By Senators Johnson of the 38th, Stephens of the 36th, Smith of the 34th and others:
A RESOLUTION
Proposing an amendment to Article VII, Section VII of the Consti tution, so as to authorize the City of Atlanta to issue bonds for school buildings or facilities without a referendum election and without compli ance with other provisions of this Constitution which limit the authority of the City of Atlanta to incur debt; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby resolved:
Section 1. That Article VII, Section VII of the Constitution of Georgia, as amended, be further amended by adding at the end thereof a new Section to be appropriately numbered and to be as follows:
Notwithstanding any other provision of this Article, the City of Atlanta is authorized to incur debt to the extent of 45 million dollars for the purpose of providing funds to acquire, construct, equip, improve and add to new or existing school buildings or facili ties of the school system of the City, and for the acquisition of the
TUESDAY, MARCH 5, 1968
2725
necessary land and other property therefor. Said debt to the extent of 45 million dollars shall be incurred by the City of Atlanta upon request of the School Board of the City of Atlanta School System and shall not be conditioned upon approval by the voters in a referendum or election.
If said debt is incurred during the years 1968 or 1969, said debt may exceed by as much as the full amount of 45 million dollars the indebtedness authorized by all other provisions of this Article, and amendments thereto, which are applicable to the City of Atlanta.
Section 2. This amendment to the Constitution shall be operative during the years 1968 and 1969, but no debt shall thereafter be incurred under the provisions of this amendment.
Section 3. The debt authorized by this amendment to the Constitu tion shall be in addition to any debt which the City of Atlanta may be otherwise authorized to incur or shall incur.
Section 4. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the 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 to the voters of the City of Atlanta as provided in Article III, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment to the voters of the City of Atlanta shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the City of Atlanta to incur debt to the extent of 45 mil lion dollars for construction of schools without referendum, and, if incurred in 1968 or 1969, without regard to other constitutional limitations."
"Against ratification of amendment to the Constitution so as to authorize the City of Atlanta to incur debt to the extent of 45 million dollars for construction of schools without referendum, and, if incurred in 1968 or 1969, without regard to other constitutional limitations."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of Georgia. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
2726
JOURNAL OF THE HOUSE,
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to Article VII of the Constitution, so as to authorize the City of Atlanta to issue bonds for school buildings or facilities without a referendum election and without compliance with other provisions of this Constitution which limit the authority of the City of Atlanta to incur debt; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby resolved:
That Article VII of the Constitution of Georgia, as amended, be further amended by adding at the end thereof a new Section to be appropriately numbered and to be as follows:
Section 1. Notwithstanding any other provision of this Constitution, the City of Atlanta is authorized to incur bonded indebtedness to the extent of 45 million dollars issued for the purpose of providing funds to repair, add to and improve the existing school facilities of the City public school system, to purchase equipment necessary for the proper utilization of additions to and renovations of existing school buildings or facilities and to acquire, construct and equip new school buildings and facilities, acquire the property necessary therefor and pay the expenses incident thereto. Said bonded indebtedness shall be incurred by the City of Atlanta in all respects in accordance with the provisions of this Con stitution except that the same may be incurred from time to time, but not later than December 31, 1970, upon request of the Board of Educa tion of the City of Atlanta and shall not be conditioned upon approval by the voters in a referendum or election, and provided further that said indebtedness shall be in addition to any other indebtedness which the City is now or may hereafter be authorized to incur.
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 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 to the voters of the City of Atlanta 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 to the voters of the City of Atlanta shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the City of Atlanta to incur bonded indebtedness to the extent of 45 million dollars in addition to any other indebtedness which the City is now or may hereafter be authorized to incur, for the purpose of providing funds to acquire, construct, equip and improve school buildings and facilities of the City school system without a referendum."
TUESDAY, MARCH 5, 1968
2727
"Against ratification of amendment to the Constitution so as to authorize the City of Atlanta to incur bonded indebtedness to the extent of 45 million dollars in addition to any other indebtedness which the City is now or may hereafter be authorized to incur, for the purpose of providing funds to acquire, construct, equip and improve school buildings and facilities of the City school system without a referendum."
If the people shall ratify such amendment by a majority of the electors .qualified to vote voting thereon, such amendment shall become part of the Constitution of this State. The returns of the election shall be made in like manner as returns for electing the members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the results and certify the results to the Governor, who, shall, if such amendment be ratified, make proclamation thereof.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
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 Cato Chandler
Cheeks Cole Collins, M. Colwell Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dillon Dodson Dollar Douglas Edwards Egan Fleming Funk Gay Gaynor Gignilliat Graves Grier
Gunter Hadaway Hale Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. S.
2728
Leggett Leonard Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Mullinax Nash Nessmith Nimmer Otwell
JOURNAL OF THE HOUSE,
Pafford Palmer Paris Phillips Poss Potts Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T.
Smith, W. L. Snow Starnes Steis Sullivan Thompson, A. W. Thompson, R. Townsend Turner Und-erwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Gates Clarke Collins, J. F. Conner Cooper, B. Dean Dickinson Dixon Dorminy Doster Fallin Farmer Farrar Floyd
Gary
Grahl
Hamilton
Henderson
Hill
Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Lambros Lee, W. J. (Bill) Le vitas Longino Matthews, D. R. Moate Moore, Don C. Moore, J. H.
Moreland
Murphy
Newton
Northcutt
Odom
Oglesby Parker, C. A. Parker, H. W. Parrish Peterson Pickard Ragland Rainey Savage Stalnaker Sweat Threadgill Tucker Tye
Walling
Wiggins
Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 150, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted, by substitute.
TUESDAY, MARCH 5, 1968
2729
Mr. Rainey of the 69th stated that he had been called from the floor of the House when the roll was called on HR 782-1631, SR 53 and SR 218, by substitute, but had he been present would have voted "aye".
By unanimous consent, all Bills and Resolutions passed or adopted by the House this day were ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 1173. By Mr. Malone of the 117th:
A Bill to be entitled an Act to amend an Act to incorporate Doraville, and to appoint commissioners for the same, so as to redefine the corpo rate limits; to provide that the Chairman of the City Commission shall also be known as the Mayor of the City; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act entitled "An Act to amend 'An Act to incorporate Doraville, in the County of DeKalb, and to ap point commissioners for the same and for other purposes therein men tioned,' approved December 15, 1871 (Ga. Laws 1871-2, p. 104), and all Acts amendatory thereof, and for other purposes.", approved February 7, 1949 (Ga. Laws 1949, p. 738), as amended by an Act approved Febru ary 8, 1955 (Ga. Laws 1955, p. 2221), and an Act approved March 21, 1958 (Ga. Laws 1958, p. 3058), so as to provide that the Chairman of the City Commission shall also be known as the Mayor of the city; to change the compensation of the Chairman and members of the City Commission; to authorize the City Commission to establish a qualifica tion fee for candidates in city elections; to provide for the punishment of persons convicted of illegal voting, to provide that the Vice-Chairman shall be known as the Vice-Mayor; to change the method of filling vacancies in the office of the Chairman and members of the City Com mission; to provide for a presiding officer of the Police Court, his qualifications and compensation; to change the maximum penalties which may be imposed for violations of the city charter and ordinances; to increase the maximum penalty which may be imposed for contempt; to increase the maximum millage for ad valorem taxation; to authorize the City Commissioners to fix the sanitary tax; to authorize the City Commission to set the maximum license fee for the sale of certain alcoholic beverages; to authorize the City Commission to prohibit, regulate and license the operation of certain businesses and activities; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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JOURNAL OP THE HOUSE,
Section 1. An Act entitled "An Act to amend 'An Act to incor porate Doraville, in the County of DeKalb, and to appoint commis sioners for the same and for other purposes therein mentioned," approved December 15, 1871 (Ga. Laws 1871-72, p. 104), and all Acts amendatory thereof, and for other purposes.", approved February 7, 1949 (Ga. Laws 1949, p. 738), as amended, by an Act approved February 8, 1955 (Ga. Laws 1955, p. 2221), and an Act approved March 21, 1958 (Ga. Laws 1958, p. 3058), is hereby amended by adding at the end of Section 4 the following:
"The Chairman of the City Commission shall also be known as the Mayor of the City of Doraville and the term 'Chairman' and 'Mayor' shall be synonymous.",
so that when so amended Section 4 shall read as follows:
"Section 4. Be it further enacted by the authority aforesaid, that there shall be held on the first Wednesday in December in each year an election to elect Commissioners and the Chairman of the City Commission for such offices as shall expire on the first Mon day in January next succeeding. All Commissioners and the Mayor who may be elected hereunder shall hold office for a period of two years and until their successors are elected and qualified. The Chairman of the City Commission shall also be known as the Mayor of the City of Doraville and the term 'Chairman' and 'Mayor' shall be synonymous."
Section 2. Said Act is further amended by striking from Section 6 the symbol and figures "twenty-five ($25.00)" and substituting in lieu thereof the following: "two hundred ($200.00)", and by striking- the following: "seventy-five ($75.00.)", and substituting in lieu thereof the following: "three hundred and fifty ($350.00)", so that when so amended Section 6 shall read as follows:
"Section 6. Be it further enacted by the authority aforesaid that on the first Monday in January of each year, the officers of said city newly elected, shall be installed and the City Commission shall hold its first meeting of the year. Members of the City Commission shall be paid such compensation for their services as may be fixed by said City Commission not to exceed two hundred ($200.00) dollars per month. The Chairman of the City Commission shall be paid such compensation for his services as may be fixed by the City Commission not to exceed the sum of three hundred and fifty ($350.00) dollars per month."
Section 3. Said Act is further amended by adding at the end of Section 7 the following:
"The City Commission by majority vote shall fix a qualifica tion fee, not to exceed the sum of $25.00 per office, which shall be paid to the Clerk of said city by candidates at the time of their qualification; and such qualification fee shall not be refundable unless by the unanimous vote of the City Commission; provided, further, that no candidate may have his qualification fee returned
TUESDAY, MARCH 5, 1968
2731
if he withdraws to enter another City of Doraville race in the said forthcoming election.",
so that when so amended Section 7 shall read as follows:
"Section 7. Be it further enacted by the authority aforesaid, that all candidates in elections held by the City of Doraville shall file with the Clerk of said city at least thirty (30) days prior to said election, a written and signed notice of his intention to offer for a named office. The City Clerk shall keep a record of such qualifications, and no person shall be a candidate for any office who does not qualify according to the requirements of this charter. Said Clerk shall have ballots prepared under the direction of the City Commission and no other ballot shall be legal or used. The City Commission by majority vote shall fix a qualification fee, not to exceed the sum of $25.00 per office, which shall be paid to the Clerk of said city by candidates at the time of their qualification; and such qualification fee shall not be refundable unless by the unani mous vote of the City Commission; provided, further, that no candi date may have his qualification fee returned if he withdraws to enter another City of Doraville race in the said forthcoming election."
Section 4. Said Act is further amended by striking in its entirety Section 15 and substituting in lieu thereof a new Section 15 to read as follows:
"Section 15. Any person voting in any city election who is not qualified to vote according to the provisions of this Charter shall be guilty of violating this Charter and shall upon conviction be pun ished in accordance with the provisions of Section 33 of this Charter."
Section 5. Said Act is further amended by adding at the end of Section 21 the following:
"The Vice-Chairman shall also be known as the Vice-Mayor and wherever either of the terms appear they shall be synonymous.",
so that when so amended Section 21 shall read as follows:
"Section 21. Be it further enacted by the authority aforesaid, that at the first meeting of the City Commission of the City of Doraville held on the first meeting in January of each year, said City Commissioners shall elect one of their number as Vice-Chair man to serve for a term of one year. The Vice-Chairman shall also be known as the Vice-Mayor and wherever either of the terms appear they shall be synonymous."
Section 6. Said Act is further amended by striking in its entirety Section 27 and substituting in lieu thereof a new Section 27 to read as follows:
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JOURNAL OF THE HOUSE,
"Section 27. In the event a vacancy occurs in the office of Mayor or Chairman of the City Commission by death, resignation, removal from the city or other cause, said vacancy shall be filled by the remaining Commissioners who shall elect a member of the Board of Commissioners to serve out the unexpired term of the Mayor or Chairman of the City Commission. In the event of a vacancy in the office of City Commissioner caused by death, resig nation, removal from the city, assumption of the duties of Mayor or Chairman of the Board of Commissioners or other cause, the City Commission shall by majority vote elect a citizen of Doraville who is eligible to the office under the terms of this Charter to fill said vacancy or vacancies."
Section 7. Said Act is further amended by striking in its entirety Section 32 and substituting in lieu thereof a new Section 32 to read as follows:
"Section 32. It shall be optional with the City Commission whether they shall have the Chairman of the City Commission as presiding officer of the Police Court or whether they elect a recorder and make him presiding officer of said court. Should a recorder be so elected, he shall be a duly licensed attorney and member of the State Bar of Georgia, he shall serve at the pleasure of the City Commission and his compensation shall be fixed by them. The City Attorney may also serve as the City Recorder."
Section 8. Said Act is further amended by striking from Section 33 the following: "one hundred ($100.00)" and "twenty-five ($25.00)", and substituting in lieu thereof the following: "five hundred ($500.00)" and "one hundred ($100.00)", respectively, so that when so amended Section 33 shall read as follows:
"Section 33. Be it further enacted by the authority aforesaid, that the presiding officer of the Police Court shall have jurisdiction to try all offenses against the laws and ordinances of the City of Doraville and to punish violators of the same. Said court shall have the power to enforce its judgments by the imposition of such penal ties as may be provided by law; to punish witnesses for non-attend ance; and also to punish for contempts. The presiding officer of said Police Court shall have power and authority to impose fines for the violations of any law or ordinance of the City of Doraville passed in accordance with its charter, to an amount not to exceed five hundred ($500.00) dollars, or to imprison offenders in the city jail or DeKalb County jail for a period of not more than thirty (30) days, or to sentence offenders to labor on the streets or other public works of the City of Doraville for not more than thirty (30) days. Said presiding officer shall have the power and authority to impose any one or more of these punishments, when in the opinion of the court the facts justify it. Said court shall have the power to pre serve order, compel the attendance of witnesses, compel the produc tion of books and papers to be used as evidence and to punish for contempt, provided such punishment for contempt shall not exceed a fine of one hundred ($100.00) dollars or imprisonment in jail for not more than ten (10) days, either one or both."
TUESDAY, MARCH 5, 1968
2733
Section 9. Said Act is further amended by striking from Section 40 the following: "three (3)" and substituting in lieu thereof "eight (8)", so that when so amended Section 40 shall read as follows:
"Section 40. Be it further enacted by the authority aforesaid, that the City of Doraville shall have power and authority to impose, levy and collect taxes annually upon all property, real and personal, within its limits; or in case of personal property, the owner of which resides in said city, upon banking, insurance, and other capital employed therein, as may be deemed necessary by the City Commis sion, for the support of the government of the city. Said ad valorem tax levy except such as may be made for bonded indebtedness shall not exceed eight (8) mills."
Section 10. Said Act is further amended by striking from Section 67 the last sentence thereof, which reads as follows:
"Said tax shall not exceed the sum of three ($3.00) dollars for every unit used by one family as a residence and five ($5.00) dollars each single unit used for business purposes.",
and substituting in lieu thereof the following:
"The tax rate shall be set by the City Commissioners from time to time but shall not exceed the corresponding tax levied by the governing authority of DeKalb County.",
so that when so amended Section 67 shall read as follows:
"Section 67. Be it further enacted that the City Commission shall have the authority to levy and collect a sanitary tax and to provide a method for the collection of the same. The tax rate shall be set by the City Commissioners from time to time but shall not exceed the corresponding tax levied by the governing authority of DeKalb County."
Section 11. Said Act is further amended by striking from Section 68 the last sentence thereof, which reads as follows:
"Should the sale of any said liquors be now or hereafter legal in the County of DeKalb, the City Commission of said city may, in its discretion provide for the sale of said liquors in said city and may prescribe the times, places and manner of selling the same and may fix a license tax for said sale at a sum not exceeding five hundred ($500.00) dollars per anum.",
and substituting in lieu thereof the following:
"Should the sale of any of said liquors be now or hereafter legal in the County of DeKalb, the City Commission of said city may, in its discretion provide for the sale of said liquors in said city and may prescribe the times, places and manner of selling the same and may fix a license tax for said sale at its discretion.",
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JOURNAL OF THE HOUSE,
so that when so amended Section 68 shall read as follows:
"Section 68. Be it further enacted by the authority aforesaid, that the City Commission of the City of Doraville shall have the power to prohibit the sale of beer, wine, whiskey or other intoxicat ing liquor in said city. Should the sale of any of said liquors be now or hereafter legal in the County of DeKalb, the City Commission of said city may, in its discretion provide for the sale of said liquors in said city and may prescribe the times, places and manner of selling the same and may fix a license tax for said sale at its discretion."
Section 12. Said Act is further amended by striking in its entirety Section 69 and substituting in lieu thereof a new Section 69 to read as follows:
"Section 69. The City Commission of the City of Doraville shall have the power and authority to prohibit the operation within the limits of said city, any pool hall, billiard hall, mobile vendors, palm ist, bowling alley, mobile home park, dance hall, or tourist camp. No person, firm or corporation shall have the right to operate any of the above listed businesses without first obtaining a permit from the City Commission which shall have the right to grant or refuse same and the power is hereby conferred on the City Commis sion to revoke any licenses granted such businesses whenever they deem it to be in the best interest of the City of Doraville, said Com mission may fix the license fee to be paid by such businesses if granted at an amount not to exceed thirty five hundred ($3,500.00) dollars per annum."
Section 14. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. 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 15. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Malone of the 117th moved that the House agree to the Senate substitute.
On the motion, the ayes were 103, nays 0.
The Senate substitute to HB 1173 was agreed to.
TUESDAY, MARCH 5, 1968
2735
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 865. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit any felony; and for other purposes.
The following Senate amendment was read:
The Judiciary Committee moves to amend House Bill 865 by striking Section 3 in its entirety by renumbering Section 4 as Section 3 and by striking from the caption the phrase "to provide for the consecutive running of sentences upon conviction".
Mr. Richardson of the 116th moved that the House agree to the Senate amendment.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Barber Battle Bennett 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 Carnes Gates Cato Chandler Cheeks
Clarke Cole Collin, M. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean
DeLong Dickinson Dillon Dixon Dent Dodson
Dollar Doster Douglas Egan Fallin Fleming
Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hale Hall Hargrett Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham
Holder Hood Howard Howell Hutchinson Johnson, A. S.
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JOURNAL OP THE HOUSE,
Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kirksey Knapp Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lovell Lowrey Malone Mason Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller
Mixon Moate Moore, Don C. Moore, J. H. Mullinax Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Phillips Pickard Potts Ragland Reaves Richardson Ross Rowland Rush Scarlett Shanahan Sherman Shields
Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Sullivan Sweat Threadgill Town send Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative was Mr.: Ballard
Those not voting were Messrs:
Barfield Bo wen Caldwell Collins, J. F. Colwell Crowe, W. J. Dorminy Edwards Farmer Farrar Floyd Grahl Hamilton Hill
Jenkins Kaylor Laite Lambert Leonard Levitas Magoon Matthews, C. McCracken Moreland Murphy Nash Odom Paris
Peterson Poss Rainey Roach Russell Savage Stalnaker Starnes Steis Thompson, A. W. Thompson, R. Walling Wamble Mr. Speaker
On the motion, the ayes were 162, nays 1.
TUESDAY, MARCH 5, 1968 The Senate amendment to HB 865 was agreed to.
2737
HB 1125. By Messrs. Howard of the 101st, Wilson 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 provide that the solicitor general shall not be prohibited from practicing law except in any contested matter in any court in this State; and for other purposes.
The following Senate amendment was read:
Senators Hensley of the 33rd and Chapman of the 32nd move to amend House Bill No. 1125 as follows:
By adding in the caption after "December 31, 1968;" the following:
"to change the salary of the judges of the Cobb Judicial Circuit;"
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended by an Act approved February 8, 1955 (Ga. Laws 1955, p. 149), an Act ap proved February 26, 1957 (Ga. Laws 1957, p. 163), an Act approved March 31, 1958 (Ga. Laws 1958, p. 233), an Act approved February 19, 1960 (Ga. Laws 1960, p. 149), an Act approved April 5, 1961 (Ga. Laws 1961, p. 553), an Act approved February 27, 1962 (Ga. Laws 1962, p. 130), an Act approved April 5, 1965 (Ga. Laws 1965, p. 548), an Act approved March 2, 1966 (Ga. Laws 1966, p. 107), and an Act approved April 11, 1967 (Ga. Laws 1967, p. 465), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
'Section 4. That the offices of the judges and solicitor general of the Superior Court of the Cobb Judicial Circuit are hereby created. A judge and a solicitor general for the said circuit shall be elected at the general election of 1952 to take office for a term beginning January 1, 1953, and the said Cobb Judicial Circuit shall not come into existence until January 1, 1953. In addition to the salary paid to judges of the superior courts by the State, each judge of the Cobb Judicial Circuit shall receive the sum of $5,650.00 per annum which shall be paid in equal monthly installments from the general funds of Cobb County. The solicitor general of the Cobb Judicial Circuit shall be compensated on a salary basis rather than a fee basis and in addition to the salary paid the solicitors general of the superior courts by the State, the solicitor general of the Cobb Judicial Circuit shall receive the sum of $15,850.00 per annum, to be
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JOURNAL OF THE HOUSE,
paid in equal monthly installments from the general funds of Cobb County. The solicitor general of the Cobb Judicial Circuit may not engage in the private practice of law in any contested matter in any court in this State. Provided, however, that the present solicitor general of the Cobb Judicial Circuit and all future solicitors general may prosecute to final completion all cases in which his name ap pears as counsel of record and which was filed prior to his assuming the office of solicitor general of the Cobb Judicial Circuit.' "
Mr. Howard of the 101st moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1125 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 1030. By Messrs. Dickinson of the 27th, Ballard of the 37th, Collins of the 62nd, Carnes of the 129th and others:
A Bill to be entitled an Act to amend Code Section 109A-2-318, relating to third party beneficiaries of express or implied warranties of goods, so as to provide that lack of privity between the plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act relating to the liabilities of a manufacturer or seller of personal property to a user, consumer or person who may reasonably be affected by the property who suffers injury to his person or property because the property when sold was not merchantable and reasonably suited to the use intended; in connection therewith to amend Section 105-106 of the Code of Georgia of 1933, as amended, relating to privity to support an action in tort; and to correlate thereto Section 109A-2-318 of the Code of Georgia of 1933, as amended, relating to third party beneficiaries of express or implied warranties; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
TUESDAY, MARCH 5, 1968
2739
Section 1. Section 105-106 of the Code of Georgia of 1933, as amended, relating to privity to support an action for tort, is hereby amended by adding at the end thereof the following:
"and except as provided in Code Section 109A-2-318. However, the manufacturer of any personal property sold as new property, either directly or through a dealer or any other person, shall be liable in tort, irrespective of privity, to any natural person who may use, consume or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reason ably suited to the use intended and its condition when sold is the proximate cause of the injury sustained; a manufacturer may not exclude or limit the operation hereof."
so that as amended Section 105-106 shall read as follows:
"105-106. Privity to support action. No privity is necessary to support an action for tort; but if the tort results from the vio lation of a duty, itself the consequences of a contract, the right of action is confined to the parties and privies to that contract, ex cept in cases where the party would have a right of action for the injury done independently of the contract and except as pro vided in Code Section 109A-2-318. However, the manufacturer of any personal property sold as new property, either directly or
through a dealer or any other person, shall be liable in tort, irre spective of privity, to any natural person who may use, consume
or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the
use intended and its condition when sold is the proximate cause
of the injury sustained; a manufacturer may not exclude or limit
the operation hereof."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Dickinson of the 27th moved that the House agree to the Senate sub stitute.
On the motion, the ayes were 149, nays 0.
The Senate substitute to HB 1030 was agreed to.
The following Resolutions of the House were read and referred to the com mittees :
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JOURNAL OF THE HOUSE,
HR 832. By Messrs. Gaynor of the 114th and Murphy of the 26th:
A RESOLUTION
Creating an interim committee to study nonpar banking; and for other purposes.
WHEREAS, nonpar banking has been a controversial subject for several decades; and
WHEREAS, the Federal Reserve System has attempted to end the practice of exchange charges on checks for more than fifty years; and
WHEREAS, most checks in the United States circulate at par; and
WHEREAS, because of the continuing controversy about nonpar banking, there is a need for more information and analysis concerning the practice.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee composed of five members of the Banks and Banking Committee to be appointed by the Speaker of the House of Representatives. The committee shall be authorized to study all aspects of nonpar banking. The committee shall be authorized to advise and conduct its delibera tions in conjunction with the Senate committee created for similar purposes. The Superintendent of Banks is hereby authorized and di rected to cooperate to the fullest extent with the committee on this study. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things con sistent with this Resolution which are necessary or convenient to en able it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropri ated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly at which time the com mittee shall stand abolished.
Referred to the Committee on Banks and Banking.
HR 833. By Mr. Harris of the 118th:
A RESOLUTION
Creating a committee to study courts below the superior court level; and for other purposes.
TUESDAY, MARCH 5, 1968
2741
WHEREAS, there are many courts below the superior court level in existence in Georgia; and
WHEREAS, there is almost a complete lack of uniformity relative to venue, jurisdiction and procedure in these various courts; and
WHEREAS, a large number of the judges of these courts have indicated a desire that a study be made concerning the possibility of providing for uniformity in the various courts.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of seven members of the House to be appointed by the Speaker for the purpose of making a study of the courts below the superior court level with a view towards determining the advisability and feasi bility of providing uniformity in venue, jurisdiction and procedure in such courts. The committee is authorized to conduct hearings, if deemed advisable. All the judges and other officials connected with said courts are hereby urged to cooperate with the committee and offer whatever assistance possible. The committee shall receive the allowance author ized for legislative members of interim legislative committees. The committee shall make a report of its findings and recommendations on or before December 1, 1968, on which date the committee shall stand abolished. The funds necessary to carry out the purposes of this reso lution shall come from funds appropriated to and available to the legislative branch of government.
Referred to the Committee on Judiciary.
HR 834. By Messrs. Dailey of the 66th, Chandler of the 47th and Rush of the 75th:
A RESOLUTION
Authorizing the Standing State Institutions and Property Sub committee on Penal Institutions to function after final adjournment of the 1968 regular session of the General Assembly; and for other purposes.
WHEREAS, the State of Georgia has made substantial progress in the field of penal reform during the past few years; and
WHEREAS, there is room for much more improvement; and
WHEREAS, it is the desire of the members of this body to stay aware of the needs of the State Board of Corrections and the various penal institutions in the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Standing State Institutions and Prop erty Subcommittee is hereby authorized to function after final adjourn ment of the 1968 regular session of the General Assembly. The sub-
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JOURNAL OF THE HOUSE,
committee shall be authorized to function for a period to be determined by the Speaker of the House of Representatives. The subcommittee shall be authorized to investigate, study and evaluate the operations of all penal institutions in the State of Georgia, to study the penal laws of the State of Georgia and other states, and to perform such other duties as may be directed by the Speaker of the House. The State Board of Corrections shall cooperate with the subcommittee to the fullest extent during its deliberations. The subcommittee 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. The members of the subcommittee shall receive the allow ances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The subcommittee shall make a report of its findings to the 1969 Session of the General Assembly.
Referred to the Committee on State Institutions and Property.
HR 835. By Messrs. Mullinax and Ware of the 42nd, Palmer and Malone of the 117th, Howell of the 86th, Melton of the 34th, Barber of the 24th and Potts of the 33rd:
A RESOLUTION
Creating an interim study committee to study the effect phono graph records and magnetic tapes are having on today's juveniles; and for other purposes.
WHEREAS, the lyrics of many phonograph records and magnetic tapes are vulgar and have immoral implications; and
WHEREAS, there is no effort at present to determine the actual contents of said lyrics; and
WHEREAS, the material provided on the record jackets is not sufficient to determine the lyrics contained on phonograph records and magnetic tapes; and
WHEREAS, information pertaining to composers and licensing groups is not sufficient; and
WHEREAS, there is a growing concern over the increased number of phonograph records and magnetic tapes which contain immoral lyrics which are being sold.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee which shall consist of as many members of the House of Representatives as appointed by the Speaker thereof. Said committee shall study the effects of phonograph records and magnetic tapes,
TUESDAY, MARCH 5, 1968
2743
particularly those containing immoral lyrics and making reference to the use of drugs, sedition and general lawlessness, on today's juveniles.
BE IT FURTHER RESOLVED that the committee is authorized to secure advice, counsel and obtain pertinent information from repre sentatives of churches, schools and other organizations which said com mittee deems to be helpful in carrying out the provisions of this Reso lution.
BE IT FURTHER RESOLVED that the members of the commit tee shall receive the allowances authorized to members of interim legis lative committees for not more than ten days. Such allowances and any other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or made available to the legislative branch of government. The committee shall make a report of its find ings and recommendations to the 1969 Session of the General Assembly, at which time said committee shall stand abolished.
Referred to the Committee on Industry.
HR 836. By Mrs. Merritt of the 68th and Mr. Matthews of the 29th:
A RESOLUTION
Recreating the Committee on Private Financing of Student and Faculty Housing; and for other purposes.
WHEREAS, the Committee on Private Financing of Student and Faculty Housing was created during the 1967 Session of the General Assembly by the Speaker pursuant to the authority granted him by HR 3; and
WHEREAS, the Committee feels that there is much study yet to be performed in the area of private financing of student and faculty housing; and
WHEREAS, it will be beneficial to the members of the General Assembly and to the universities in Georgia if the Committee on Pri vate Financing of Student and Faculty Housing is recreated, by the Speaker pursuant to the authority granted him by HR 3, in order to pursue further its original purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby recreated the Committee on Private Financing of Student and Faculty Housing to be composed of the same members of the House that were on the Committee in 1967:
Honorable Chappelle Matthews
Representative, 29th District
Honorable W. D. Ballard
Representative, 37th District
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Honorable Clayton Brown, Jr. Representative, 34th District Honorable James H. Floyd Representative, 7th District Honorable W. Jones Lane Representative, 64th District Honorable Janet S. Merritt Representative, 68th District Honorable John Harvey Moore Representative, 20th District Honorable Ben B. Ross Representative, 31st District
The Committee shall continue studying the feasibility and possi bility of using private funds to finance student and faculty housing construction, and shall continue its purposes as they stood when the Committee was first created. The members of the Committee shall receive the expenses and allowances authorized for legislative members of interim legislative committees not to exceed 20 days, unless an ex tension is granted by the Speaker. The Committee shall make a report of its findings and recommendations on or before December 31, 1968, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of the government.
Referred to the Committee on University System of Georgia.
HE 837. By Mrs. Merritt of the 68th and Mr. Smith of the 114th:
A RESOLUTION
Recreating the Committee on Care and Training of Pre-School Children; and for other purposes.
WHEREAS, the Committee on Care and Training of Pre-School Children was created by the Speaker during the 1967 Session of the General Assembly for the purpose of investigating the need for, and proposing, legislation designed to aid the young children of Georgia; and
WHEREAS, the Committee on Care and Training of Pre-School Children was officially ended on December 31, 1967; and
WHEREAS, recent developments germane to the Committee's study of 1967 have come to light, and it would be profitable to the Gen-
TUESDAY, MARCH 5, 1968
2745
eral Assembly and to the young people of Georgia if the Committee on Care and Training of Pre-School Children were recreated in order to pursue its original purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the Speaker recreate the Committee on Care and Training of Pre-School Children (originally created pursuant to HR 288 and HR 3) for 20 days so that the Committee can add needed data to the changing status of legislation, both federal and state, which affects and will affect all of Georgia's pre-school children, handicapped children and non-handicapped school age children, and the relationship to the future stability of the State's citizens. The mem bers of the Committee
Honorable Janet S. Merritt Representative, 68th District
Honorable W. Lance Smith Representative, 114th District
Honorable G. D. Adams, Jr. Representative, 125th District
Honorable Charles Graves Representative, 13th District
Honorable Grace T. Hamilton Representative, 137th District
Honorable Ben B. Ross Representative, 31st District
shall prepare a report of their findings, to be submitted to the Speaker on or before December 31, 1968, on which date the Committee shall stand abolished. The members of the Committee shall receive the ex penses and allowances authorized to legislative members of interim legislative committees for a period not to exceed 20 days, unless an extension is granted by the Speaker. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of the government.
Referred to the Committee on Education.
HR 838. By Messrs. Farmer of the 29th, Levitas of the 118th, Lee of the 79th, Bray of the 43rd and Cato of the 89th:
A RESOLUTION
Creating an interim study committee to study the feasibility of establishing a Bureau of Criminal Statistics; and for other purposes.
WHEREAS, there is no centralized criminal statistics system in the State of Georgia and various agencies of state government and units of local government maintain separate and often duplicatory records on criminals; and
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WHEREAS, statistics maintained on criminals are often sketchy and incomplete; and
WHEREAS, various state and federal governmental agencies and local governmental units often find it difficult to get satisfactory in formation on criminals from the files of other agencies and units; and
WHEREAS, the lack of an effective criminal statistic system often hampers criminal investigation, as well as prevention of crime through surveillance techniques; and
WHEREAS, the lack of a satisfactory statistics system makes classification of prisoners and the planning of their rehabilitation quite difficult; and
WHEREAS, a better system for keeping criminal statistics would be of considerable benefit to the courts of the state in the trial of cases and to parole and probation officials in considering whether a criminal should be paroled or placed on probation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Committee to Study the Establishment of a Criminal Statistics Bureau" which shall consist of as many mem bers of the House of Representatives as appointed by the Speaker thereof. Said Committee shall study the feasibility of creating a Crimi nal Statistics Bureau for this State.
BE IT FURTHER RESOLVED that the members of the Com mittee shall receive the allowances authorized to legislative members of interim legislative committees for as many days as authorized by the Speaker. Such allowances and any other funds necessary to carry out the provisions of this Resolution shall come from funds appropri ated or made available to the legislative branch of government. The Committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time the said Committee shall stand abolished.
Referred to the Committee on Judiciary.
HR 839. By Mr. Black of the 56th:
A RESOLUTION
Creating an interim study committee to study milk control and distribution; and for other purposes.
WHEREAS, milk is a necessary food for human consumption; and
WHEREAS, the production and maintenance of an adequate supply of healthful milk is vital to the public health and welfare; and
TUESDAY, MARCH 5, 1968
2747
WHEREAS, uneconomical practices in the production, transporta tion, processing, storage, distribution and sale of milk within the State of Georgia constitute a constant menace to the health and welfare of the inhabitants of this State; and
WHEREAS, even with stringent enforcement of sanitary regula tions, certain uneconomical practices threaten seriously to impair and ultimately to destroy the supply of wholesome and healthful milk for adults and children within this State; and
WHEREAS, to preserve the health of the people of this State, it is necessary that the distribution and sale of milk be controlled.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Committee to Study Milk Control and Distribution" which shall consist of as many members of the House of Representatives as appointed by the Speaker thereof. Said Committee shall study all phases of milk control and distribution within this State.
BE IT FURTHER RESOLVED that the members of the Commit tee shall receive the allowances authorized to legislative members of interim legislative committees for as many days as authorized by the Speaker. Such allowances and any other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or made available to the legislative branch of government. The Com mittee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time the said Com mittee shall stand abolished.
Referred to the Committee on Agriculture.
The following Resolution of the House was read:
HR 505. By Mr. Ragland of the 109th:
A RESOLUTION
Creating an interim committee to study all matters relating to auto mobile liability insurance; and for other purposes.
WHEREAS, the fact that many motorists in the State of Georgia do not have liability insurance is a continuing problem that should be thoroughly investigated; and
WHEREAS, some of the other states have taken steps to solve this problem, and the laws of such states should be studied and evalu ated.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study
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committee to be known as the "Automobile Liability Insurance Study Committee", which shall be composed of five members of the House of Representatives appointed by the Speaker thereof. Said Committee shall be authorized to study all matters related to automobile liability insurance and shall give particular attention to methods whereby all, or substantially all, members of the motoring public shall be covered by such insurance.
BE IT FURTHER RESOLVED that the members of the commit tee shall receive the expenses and allowances authorized legislative members of interim legislative committees. The members of the com mittee shall receive such expenses and allowances from the funds ap propriated 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. 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 the committee, but not later than the convening of the 1969 session of the General Assembly of Georgia, on which date the committee shall stand abolished.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating an interim committee to study all matters relating to automobile liability insurance; and for other purposes.
WHEREAS, the fact that many motorists in the State of Georgia do not have liability insurance is a continuing problem that should be thoroughly investigated; and
WHEREAS, some of the other states have taken steps to solve this problem, and the laws of such states should be studied and evaluated.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Automobile Liability Insurance Study Committee", which shall be composed of five members of the House of Representatives appointed by the Speaker thereof. Said Committee shall be authorized to study all matters relating to automobile liability insurance and shall give particular attention to the plan known as the "Virginia Plan" or methods referred to as the uninsured motorist pools, and to study the financial responsibility laws of states that have achieved a high percentage of insured motorists.
BE IT FURTHER RESOLVED that the members of the commit tee shall receive the expenses and allowances authorized legislative members of interim legislative committees. The members of the commit tee shall receive such expenses and allowances from the funds appro priated or available to the legislative branch of government but shall
TUESDAY, MARCH 5, 1968
2749
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 govern ment. The committee shall make a report of its findings and recom mendations, which report shall be accompanied by such proposed legis lation as might be recommended by the committee, by not later than the convening of the 1969 session of the General Assembly of Georgia, on which date the committee shall stand abolished.
The Resolution was adopted, by substitute.
The following Resolution of the House was read:
HR 561-1220. By Messrs. Lowrey of the 13th and Matthews of the 94th:
A RESOLUTION
Creating the Joint Committee to Study Standards, Procedures and Laws Relating to Fertilizers and Insecticides; and for other purposes.
WHEREAS, the farmers of the State of Georgia have been using increased quantities of fertilizers and insecticides in order to increase land productivity; and
WHEREAS, many recent changes have been made in the contents of fertilizers and insecticides; and
WHEREAS, the changes in fertilizers and insecticides have come about so quickly that the laws of Georgia currently dealing with these products are partially outmoded; and
WHEREAS, there is a definite need for a study to be conducted which will inform the members of the General Assembly of the short comings in our laws dealing with insecticides and fertilizers and of the potential dangers that may exist if our laws are not brought up-to-date.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Committee to Study Standards, Procedures and Laws Relating to Fer tilizers and Insecticides, to be composed of Five (5) members of the Senate to be appointed by the President of Senate, and Five (5) mem bers of the House of Representatives, to be appointed by the Speaker of the House. The Committee shall make a study of the various new fertilizers and insecticides being used by farmers within the State of Georgia to determine whether the laws shall require amendment in order to adequately deal with the contents and possible ill effects of said fertilizers and insecticides. The Committee shall consult with chem ists and other experts in order to determine safe standards for fer tilizers and insecticides used in farming operations. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative
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committees. The Committee shall make a report of its findings and recommendations on or before December 31, 1968, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating a Committee to study standards, procedures and laws relating to fertilizers and insecticides; and for other purposes.
WHEREAS, the farmers of the State of Georgia have been using increased quantities of fertilizers and insecticides in order to increase land productivity; and
WHEREAS, many recent changes have been made in the contents of fertilizers and insecticides; and
WHEREAS, the changes in fertilizers and insecticides have come about so quickly that the laws of Georgia currently dealing with these products are partially outmoded; and
WHEREAS, there is a definite need for a study to be conducted which will inform the members of the General Assembly of the short comings in our laws dealing with insecticides and fertilizers and of the potential dangers that may exist if our laws are not brought up-to-date.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to study standards, procedures and laws relating to fertilizers and in secticides, to be composed of five (5) members of the House of Repre sentatives, to be appointed by the Speaker of the House. The Committee shall make a study of the various new fertilizers and insecticides be ing used by farmers within the State of Georgia to determine whether the laws shall require amendment in order to adequately deal with the contents and possible ill effects of said fertilizers and insecticides. The Committee shall consult with chemists and other experts in order to determine safe standards for fertilizers and insecticides used in farming operations. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legis lative members of interim legislative committees. The Committee shall make a report of its findings and recommendations on or before De cember 31, 1968, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government.
The Resolution was adopted, by substitute.
The following Resolution of the House was read:
TUESDAY, MARCH 5, 1968
2751
HE 703. By Messrs. Johnson of the 40th, Harris of the 14th, Cole of the 3rd, Anderson of the 71st, Vaughan of the 14th, Ward of the 2nd and Nimmer of the 84th:
A RESOLUTION
Creating an interim committee to study all matters relating to motor vehicles, including common carriers, the truck weighing division of the Highway Department and the creation of the Department of Motor Vehicles; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
WHEREAS, the problem relative to motor vehicles is becoming increasingly complex; and
WHEREAS, the members of this body are in need of information in order that they may vote more intelligently on legislation concerning motor vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as "The Motor Vehicles Study Committee", which shall consist of seven members of the House of Representatives, appointed by the Speaker thereof. Said Committee shall be authorized to study all matters relating to motor vehicles and shall give particular attention to problems relating to common carriers and the truck weigh ing division of the Highway Department, and the possible creation of the Department of Motor Vehicles for this State.
BE IT FURTHER RESOLVED that the members of the commit tee shall receive the expenses and allowances authorized to legislative members of interim legislative committees. The members of the corncommittee shall receive such expenses and allowances from the funds ap propriated or made available to the legislative branch of government for as many days as authorized by the Speaker of the House of Rep resentatives. Any other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or made available to the legislative branch of government. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time said committee shall stand abolished.
The following amendment was read and adopted:
Committee on Motor Vehicles moves to amend HR 703 as follows: By striking the following:
"BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:"
By striking the following:
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"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as 'The Motor Vehicles Study Com mittee', which shall consist of seven members of the House of Rep resentatives, appointed by the Speaker thereof.",
and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known tse 'The Motor Vehicles Study Com mittee', which shall consist of the number of members of the House of Representatives as appointed by the Speaker thereof."
The Resolution, as amended, was adopted.
The following Resolutions of the House and Senate were read and adopted:
HR 708. By Messrs. Gary of the 35th, Dodson of the 107th, Bray of the 43rd, Maxwell of the 106th, Fallin of the 94th, Harris of the 85th and Cooper of the 16th:
A RESOLUTION
Creating an interim committee to examine the methods used by the State to distribute matching funds and state grants; and for other purposes.
WHEREAS, the State of Georgia distributes millions of dollars each year to local units of government in the form of grants and match ing fund monies; and
WHEREAS, these grants and matching fund monies are based upon different formulas; and
WHEREAS, it is the desire of this body to review these formulas to make certain that these funds are being distributed in a fair and equitable manner.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to examine the methods used by the State to distribute matching funds and state grants. The committee shall be composed of seven members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall be authorized to investi gate the methods being used by any agency of state government to distribute matching fund monies or state grants to local political sub divisions. All agencies 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. The committee may hold such meetings at such places
TUESDAY, MARCH 5, 1968
2753
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 of this Resolution. The members of the committee shall receive the allowances authorized for legislative mem bers of interim legislative committees, but shall receive the same for not more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or avail able to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1969 Ses sion of the General Assembly of Georgia at which time it shall stand abolished.
HR 773. By Messrs. Oglesby of the 92nd, Parker of the 68th, Peterson of the 59th, Levitas of the 118th and Northcutt of the 35th:
A RESOLUTION
Creating an interim study committee on teacher tenure; and for other purposes.
WHEREAS, it is desirable and necessary that the General Assem bly investigate the area of needed legislation in the field of teacher tenure.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created an interim study committee to be composed of such number of members of the House of Representatives as the Speaker thereof shall appoint. The com mittee shall be authorized to meet for a period not in excess of fif teen days. The committee shall make a thorough and exhaustive study into the advisability of needed legislation in the field of teacher tenure. The committee shall make a report of its findings and recommenda tions to the 1969 Session of the General Assembly, at which time it shall stand abolished. The members of the committee shall receive com pensation, per diem, expenses and allowances authorized for members of interim legislative study committees. The funds necessary for the purposes of this Resolution shall come from funds appropriated and available to the legislative branch of the government.
HR 775. By Messrs. Laite of the 109th, Starnes and Lowrey of the 113th, Farmer of the 29th, Cooper of the 16th, Lane and Nessmith of the 64th and others:
A RESOLUTION
Requesting the Department of Public Health to submit certain in formation to the General Assembly; and for other purposes.
WHEREAS, it has come to the attention of some of the members of the General Assembly that the Department of Public Health has
2754
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devised and begun implementation of a plan to destroy or otherwise dispose of certain buildings at Battey State Hospital and at South western State Hospital at Thomasville; and
WHEREAS, the feasibility of renovating such buildings in order for them to be fully utilized at the earliest possible time should be fully explored before such buildings are destroyed or otherwise disposed of; and
WHEREAS, there is a long waiting list of people who are seeking admittance to Gracewood State School and Hospital for their mentally ill children; and
WHEREAS, the feasibility of using such buildings, when properly renovated as aforesaid, for the purpose of rapidly expanding the facili ties available for mentally ill children should be fully explored; and
WHEREAS, there is great reluctance on the part of many parents to admit their mentally ill or retarded children to Central State Hos pital although space is presently available at said Hospital.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby request and urge the Department of Public Health to immediately begin a detailed study of all unused buildings at the various institutions under its jurisdiction to determine which of said buildings might be quickly renovated to expand facilities available for mentally ill and mentally retarded children and to obtain estimates of the cost that would be involved in connection with such renovation.
BE IT FURTHER RESOLVED that it is the feeling of the mem bers of this body that plans to destroy or otherwise dispose of any such unused buildings should be delayed until the completion of the aforesaid study and the results of such study are made available to the members of the General Assembly.
BE IT FURTHER RESOLVED that the Department of Public Health is hereby requested to make a careful analysis of the funds appropriated to said Department for the purpose of determining if any such funds may be transferred, in accordance with the law governing any such transfer, for use in renovating any such unused buildings at the earliest possible time.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this resolution to Dr. John H. Venable, Director of the Department of Public Health.
HR 793. By Messrs. Henderson of the 102nd, Peterson of the 59th, Murphy of the 26th, Reaves of the 99th and Parker of the 55th:
A RESOLUTION
Creating an interim study committee on teacher compensation, re tirement and ancillary matters; and for other purposes.
TUESDAY, MARCH 5, 1968
2755
WHEREAS, there is a need for a comprehensive study into the compensation and retirement benefits and allowances for the public school teachers of this State; and
WHEREAS, there is a particular need that the General Assembly review exhaustively the salary index employed for the purpose of compensating public school teachers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created an interim study committee on teacher salaries and retirement benefits to be composed of five members of the House of Representatives to be appointed there to by the Speaker of the House. The committee shall make a thorough and exhaustive study into the compensation and retirement benefits and allowances being received by public school teachers of this State with particular emphasis on the teacher salary index employed by the State Department of Education. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time it shall stand abolished. The members of the committee shall receive compensation, per diem, expenses and allow ances authorized for members of interim legislative study committees. The funds necessary for the purpose of this Resolution shall come from funds appropriated and available to the legislative branch of the gov
ernment.
HR 797. By Messrs. Dailey of the 66th, Chandler of the 47th, Potts of the 33rd, Black of the 56th and Roach of the 15th:
A RESOLUTION
Creating an interim study committee to study the laws, rules and regulations governing the operation of the State Board of Pardons and Paroles; and for other purposes.
WHEREAS, the operation of the State Board of Pardons and Paroles has come under severe criticism in recent months; and
WHEREAS, a comprehensive report of the Attorney General pointed out many improvements that should be made concerning the operation of said Board; and
WHEREAS, the citizens of our State are greatly concerned as a result of the criticism that has been directed against said Board; and
WHEREAS, an exhaustive study should be made of the constitu tional provisions, laws, rules and regulations governing the operation of the State Board of Pardons and Paroles.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Pardons and Paroles Board Study Com mittee" which shall consist of six members of the House of Repre-
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JOURNAL OF THE HOUSE,
sentatives to be appointed by the Speaker of the House. Said Committee shall have the responsibility of making an exhaustive study of the constitutional provisions, laws, rules and regulations governing the operation of the State Board of Pardons and Paroles. In connection with making such study and carrying out its responsibilities, said Com mittee may examine similar laws, rules and regulations of other States and make such other studies as it deems necessary or desirable.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and travel allowances authorized by law for legislative members of interim legislative committees. The members of the Committee sahll receive such expenses and allowances from the funds appropriated or available to the legislative branch of government but shall receive 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.
BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations, which report shall be ac companied by such proposed legislation as may be recommended by said Committee to the General Assembly of Georgia at the 1969 session.
HR 798. By Mr. Ward of the 2nd:
A RESOLUTION
Creating an interim committee to study all matters relating to the regulation of water well drillers; and for other purposes.
WHEREAS, a bill was introduced at the 1968 session of the Gen eral Assembly which would regulate water well drillers in the State of Georgia; and
WHEREAS, many members of the House of Representatives feel the subject should be given thorough consideration and study before the enactment of legislation; and
WHEREAS, many other States, including some of our neighbor ing States, have comprehensive laws regulating water well drillers to protect the public health safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to study all matters relating to the regulation of water well drillers. Said committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House. Said committee shall have the responsibility of determining whether or not there is a need for legislation in the State of Georgia regulating water well drillers and in connection therewith shall be authorized to examine the laws of the various other States and make such other studies as the committee shall deem necessary or desirable.
TUESDAY, MARCH 5, 1968
2757
BE IT FURTHER RESOLVED that the members of the commit tee shall receive the expenses and travel allowances authorized by law for legislative 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 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 gov
ernment.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which report shall be ac companied by such proposed legislation as may be recommended by said committee to the General Assembly of Georgia at the 1969 session.
HR 799. By Mr. Chandler of the 47th:
A RESOLUTION
Creating a committee to study the advisability of the State estab lishing a motor pool; and for other purposes.
WHEREAS, Georgia law authorizes a small number of automobiles to be purchased for the use of State officials; and
WHEREAS, bills have been introduced applying such laws to other departments; and
WHEREAS, there have been suggestions that the State establish a motor pool wherein automobiles would be maintained for use by all State departments; and
WHEREAS, it would be highly advantageous for the members of this body to receive information concerning this idea.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of studying the advisability and feasibility of the State establishing a motor pool wherein automobiles would be maintained for the use of the various State departments and agencies. The committee shall study the laws of other states and the administration thereof in connection with the primary purpose of this study, and is authorized to conduct hearings, if deemed advisable. All officials and employees of all State departments and agencies shall cooperate with the committee. The committee shall conduct its study jointly with any Senate committee which is created for this purpose. The members of the committee shall receive the allowances authorized for legislative members of interim leislative committees. The committee shall make a report of its findings and recommendations on or before December 1, 1968, on which date the committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of government.
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HR 801. By Messrs. Adams of the 125th, Carnes of the 129th, Dillon of the 128th, Cox of the 127th, Northcutt of the 35th, Peterson of the 59th, and others:
A RESOLUTION
Creating an interim study committee to study all matters relating to the regulation of cemeteries; and for other purposes.
WHEREAS, it has come to the attention of many members of the House of Representatives that privately owned cemeteries in this State may be in need of regulation; and
WHEREAS, many such cemeteries are not properly maintained and are in a run-down condition; and
WHEREAS, even though some such privately owned cemeteries charge for perpetual care, such care is not provided; and
WHEREAS, many other States, including some of our neighboring States, have comprehensive laws to insure that purchasers of cemetery plots are properly protected; and
WHEREAS, the subject of the regulation of cemeteries should be thoroughly studied by the General Assembly; and
WHEREAS, remedial legislation should be enacted if such study demonstrates the need therefor.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to study all matters relating to the regulation of cemeteries. Said committee shall be composed of five members of the House of Re presentatives to be appointed by the Speaker of the House. Said com mittee shall have the responsibility of determining whether or not there is a need for legislation in the State of Georgia regulating the operation of cemeteries, and in connection therewith shall be authorized to examine the laws of various other States and make such other studies as the committee shall deem necessary or desirable.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and travel allowances authorized by law for legislative 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 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.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which report shall be ac companied by such proposed legislation as may be recommended by said committee to the General Assembly of Georgia at the 1969 session.
TUESDAY, MARCH 5, 1968
2759
HR 803. By Messrs. Dorminy of the 72nd and Harrison of the 98th:
A RESOLUTION
Creating an interim study committee to study matters relating to the transportation of forest products; and for other purposes.
WHEREAS, the problem relative to transporting forest products safely is becoming increasingly complex; and
WHEREAS, the members of this body are in need of information in order that they may vote more intelligently on legislation relative to transporting forest products safely.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Transportation of Forest Products Study Committee" which shall consist of seven members of the House of Re presentatives, appointed by the Speaker thereof. Said Committee shall study the methods for safe transportation of forest products from the woods to concentration points in this State. The Committee shall also study loading, weights and safe binding procedures for all types of log loading and all types of equipment used in loading, unloading and trans porting forest products.
BE IT FURTHER RESOLVED that the Committee is authorized to secure advice, counsel and pertinent data from the forest industries, equipment suppliers, the Georgia Forest Commission, The Georgia Forest Research Council, the School of Forest Resources of the Univer sity of Georgia, and from such other sources as may be available.
BE IT FURTHER RESOLVED that the members of the Committee shall receive the expenses and allowances for ten (10) days authorized to legislative members of interim legislative committees. Such expenses and allowances shall be paid from funds appropriated or made available to the legislative branch of government. Any other funds necessary to carry out the provisions of this Resolution shall come from funds ap propriated or made available to the legislative branch of government. The committee shall make a report of its findings and recommendations with any legislation that is deemed desirable to the 1969 session of the General Assembly, at which time said Committee shall stand abolished.
HR 817. By Mr. Matthews of the 29th:
A RESOLUTION
Creating an interim study committee to study all matters relating to the budget procedure of the Board of Regents; and for other pur poses.
WHEREAS, certain problems concerning the budget procedure of the Board of Regents have been brought to the attention of the members of the House; and
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WHEREAS, these problems should be thoroughly studied in order to establish a budgeting procedure for the Board of Regents which is more satisfactory to the General Assembly; and
WHEREAS, the Chancellor and the members of the Board of Re gents have expressed a desire to cooperate with the members of the House or a committee thereof in finding a solution to such problems.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to study all matters relating to the budget procedure of the Board of Regents. Said committee shall be composed of ten (10) members of the House to be appointed by the Speaker. Said committee shall be authorized to confer with the Chancellor of the Board of Regents, the State Budget officer, the State Auditor and such other officials and other persons as it deems necessary in carrying out its duties. Said com mittee shall be further authorized to study the budgeting procedures of other states and conduct such other studies as it deems necessary or desirable in carrying out the purposes of this resolution.
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 purpose of this resolution.
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 any other things consistent with this resolution that are neces sary or convenient to enable it to fully and adequately exercise its pow ers, perform its duties and accomplish the abjectives 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 to or available to the legislative branch of government.
The Speaker of the House may authorize said committee to meet for such number of days as may be necessary to enable said committee to com plete its study and carry out its duties.
BE IT FURTHER RESOLVED that the committee shall make a re port of its findings and recommendations, which report shall be ac companied by such proposed legislation as might be recommended by said committee to the 1969 session of the General Assembly, and said com mittee shall stand abolished on the day said session convenes.
HR 818. By Messrs. Magoon of the 19th, Steis of the 100th, Ware of the 42nd, Smith of the 54th and many others:
A RESOLUTION
Expressing deepest regrets for the passing of the Honorable Hugh Skelton; and for other purposes.
TUESDAY, MARCH 5, 1968
2761
WHEREAS, the Honorable Hugh Skelton, Assistant Clerk of the House of Representatives, and long time friend of the General As sembly for nearly 30 years, passed away in his sleep at 5:30 a.m., Tues day, March 5, 1968, at his home on Leonardo Avenue, Atlanta; and
WHEREAS, the Honorable Hugh Skelton, affectionately known to members of the House as "Col. Hugh", was regarded as one of the most gracious, friendly and witty gentlemen to grace the halls of the Capitol; and
WHEREAS, born in Hartwell, Hart County, Georgia on March 3, 1904, the Honorable Hugh Skelton celebrated his 64th birthday on Sun day, March 3, 1968; and
WHEREAS, the Honorable Hugh Skelton graduated from Hartwell High School in 1921, attended North Georgia College in Dahlonega, then attended and graduated from Mercer University with an A.B. degree in 1925; and
WHEREAS, upon graduation from Mercer, the Honorable Hugh Skelton became associated with the Secretary of the Georgia Senate, assisting that office in a wise and able manner; and
WHEREAS, the Honorable Hugh Skelton was admitted to the Georgia Bar in 1930, and practiced law in Hartwell with his father,
J. H. Skelton, Sr., and brother, William Gary Skelton, from 1930 to 1940, and he took time off from practice each year to assist the members of the General Assembly; and
WHEREAS, the Honorable Hugh Skelton enlisted in the United States Army in 1943, where he was assigned to an anti-aircraft battalion; and
WHEREAS, upon the end of World War II, the Honorable Hugh Skelton associated with the United States Veterans Service, then in 1949, he associated with the Georgia State Veteran Service Department as attorney and claims specialist, a position he handled with ingenuity and thoroughness; and
WHEREAS, the Honorable Hugh Skelton was the son of the late J. H. Skelton, Sr., and the late Jessie Skelton; and
WHEREAS, the grandfather of the Honorable Hugh Skelton, John Hampton Skelton, served in the Confederacy as a captain, and he organ ized the first company from Hart County; and
WHEREAS, the brothers of the Honorable Hugh Skelton include: William Gary Skelton, Judge Emeritus of the Northern Judicial Circuit; Joseph S. Skelton, Attorney and past member of the Georgia Senate; James H. Skelton, Jr., Attorney and past member of the House of Repre sentatives; and Ralph T. Skelton of Decatur, Georgia; and
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WHEREAS, the Honorable Hugh Skelton is survived by his lovely wife, Pansy Yancey Skelton.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the deepest regrets are hereby expressed upon the untimely and unfortunate passing of the Honorable Hugh Skelton, a long time friend and counsel of the General Assembly, and the sympathy of all the members of this Body is hereby extended to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of the Honorable Hugh Skelton.
HR 819. By Messrs. Smith and Gaynor of the 114th, Gignilliat and Berry of the 113th and others:
A RESOLUTION
Commending Police Chief Grady E. Braddock; and for other purposes.
WHEREAS, Police Chief Grady E. Braddock, 30-year-old Chief of Thunderbolt's able police force, was selected as "Outstanding Police man of the Year" among Chatham County municipal law enforcement officers in the final Exchange Club program honoring Crime Prevention Week; and
WHEREAS, Police Chief Grady E. Braddock was named Outstand ing Young Man of Savannah by the Savannah Jaycees at the Jaycee annual Distinguished Service Award Banquet; and
WHEREAS, Police Chief Grady E. Braddock, father of two fine children, was appointed Police Chief in 1961, and he was instrumental in forming the Coastal Empire Law Enforcement Officers Association and he was charter president in 1966; and
WHEREAS, he also formed the Thunderbolt Athletic Club for Boys, an organization which emphasizes physical fitness and citizenship; and
WHEREAS, he has been active in the operation and maintenance of the Thunderbolt Teen Club and has been chairman for the past two years of American Legion Post 184's oratorical contest; and
WHEREAS, he received the Legion's "Certificate of Achievement" last year for outstanding service to the community as a police officer; and
WHEREAS, Police Chief Grady E. Braddock is presently the young est police chief in Georgia.
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2763
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Police Chief Grady E. Braddock on his outstanding service to his community and on his outstanding performance as Chief of Thunderbolt's able police force.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Police Chief Grady E. Braddock, Thunderbolt, Georgia.
HR 820. By Messrs. Battle, Richardson and Funk of the 116th, Gignilliat, and Berry of the 113th and others:
A RESOLUTION
Commending the players and coaches of Johnson High School for excellent play and sportsmanship on the basketball court; and for other purposes.
WHEREAS, the sparkling players of the Johnson High School basketball team recently captured the AAA State Championship Crown by a tremendous 68-65 win over Beach High School; and
WHEREAS, the Johnson High School basketball team compiled an overall record of 26-1; and
WHEREAS, the Johnson High School basketball team won the regional title by defeating such teams as Decatur High School, Turner High School and Aquinas; and
WHEREAS, the following individuals contributed greatly to the Johnson High School team effort: Edward Maner, Howard Mitchell, Joby Wright, Edward Daniels, Lawrence Moseley, Edward Tyson, Simmons and Joseph Gibbs; and
WHEREAS, Coach John Myles and Assistant Coach Floyd Morris led the Johnson High School basketball team to the State Championship through their marvelous inspiration and leadership.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body extends its heartiest congratula tions to the members and coaches of the Johnson High School basketball team.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the following out standing persons: Coach, John Myles; Assistant Coach, Floyd Morris; and the basketball players, Edward Maner, Howard Mitchell, Joby Wright, Edward Daniels, Lawrence Moseley, Edward Tyson, Ishmeal Simmons and Joseph Gibbs; and School Principal.
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HR 821. By Messrs. Battle, Richardson and Funk of the 116th, Gignilliat and Berry of the 113th and others:
A RESOLUTION
Commending the Beach High School basketball team--the "Bull dogs" for outstanding performance; and for other purposes.
WHEREAS, the Beach High School "Bulldogs" one of the most dedicated and able basketball teams in Georgia, recently became the runner-up team to the State AAA Championship; and
WHEREAS, the Beach High School "Bulldogs" would have been State AAA Champions, but for a close loss to Johnson High School, another Savannah team, by a score of 68-65; and
WHEREAS, the Beach High School "Bulldogs" completed the season with a record of 28-5 against all opponents; and
WHEREAS, the following players composed the "Bulldog" roster: David Hall, Andrew Knowles, Larry Rivers, Neul Mungin, James Mc Donald, Carlton Moffett, Fred Reynolds, Benjamin Robinson, Charlie Hood, Charles Jordan, Melvin Thompson, Wilson Scott, James Brown and Robert Ward; and
WHEREAS, Coach Russell Ellington and Assistant Coach Louis Jenkins led the "Bulldogs" to their marvelous record through magnificent ability, inspiration and dedication.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the players and coaches of the Beach High School "Bulldogs" for outstanding play and sportsmanship on the basketball court and for compiling a highly com mendable record.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the following out standing individuals: Coach, Russell Ellington; Assistant Coach, Louis Jenkins; and the members of the team, David Hall, Andrew Knowles, Larry Rivers, Neul Mungin, James McDonald, Carlton Moffett, Fred Reynolds, Benjamin Robinson, Charlie Hood, Charles Jordan, Melvin Thompson, Wilson Scott, James Brown, Robert Ward and Beach High School Principal.
HR 822. By Messrs. Edwards of the 57th, Laite, Knapp and Ragland of the 109th and others:
A RESOLUTION
Commending and thanking Peyton Anderson for supplying each member of the House with a newspaper each day; and for other purposes.
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2765
WHEREAS, Peyton Anderson, publisher of the Macon News and Macon Telegraph, has been most kind to the members of the General Assembly by supplying each member with an extremely readable and pleasurable newspaper; and
WHEREAS, the members of the House deeply appreciate the gen erosity of Peyton Anderson.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and thanks Peyton Anderson for his generosity in giving each member of the General Assembly a newspaper each day.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Peyton Ander son, Macon, Georgia.
HR 823. By Messrs. Smith of the 54th, Harris, Walling and Levitas of the 118th and others:
A RESOLUTION
Expressing sympathy at the passing of Mrs. Sarah G. Jenkins; and for other purposes.
WHEREAS, Mrs. Sarah G. Jenkins, the lovely Mother of the dis tinguished Representative from the 119th District, L. F. Jenkins, recently passed away after a long and eventful life; and
WHEREAS, the many contributions to her family, friends and many acquaintances made by this distinguished citizen of the State of Georgia will be sorely missed due to her passing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest sympathy and sincerest regrets at the passing of Mrs. Sarah G. Jenkins.
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 L. F. Jenkins.
HR 824. By Mr. Russell of the 92nd:
A RESOLUTION
Congratulating the Central High School of Thomas County Girls Basketball Team; and for other purposes.
WHEREAS, the Central High School "Jacketts" Girls Basketball Team recently won the State Class A basketball championship for the second year in a row; and
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JOURNAL OF THE HOUSE,
WHEREAS, the team compiled a record of 24 wins and only 2 losses during the 1967-68 season; and
WHEREAS, the members of the team displayed amazing offensive and defensive talent during the past season; and
WHEREAS, these feats can only be attributed to the spirit, de termination, drive, pride and sportsmanship of these young athletes and Coach Wesley Blair; and
WHEREAS, all the citizens of Georgia and particularly those citizens residing in Thomas County are justly proud of these achieve ments.
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 women of the Central High School of Thomas County "Jacketts" Girls Basketball Team and Coach Wesley Blair 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 furnish sufficient copies of this Resolution to Honorable Henry Russell, Representatives, 92nd District, so that he may personally present a copy thereof to each member of the team and to Coach Wesley Blair.
HR 825. By Messrs. Buck, Pickard and Jones of the 112th and others:
A RESOLUTION
Expressing sympathy at the passing of Honorable Bentley H. Chappell; and for other purposes.
WHEREAS, Honorable Bentley H. Chappell passed away on March 3, 1968; and
WHEREAS, he was very instrumental in obtaining the Muscogee Airport for Muscogee County; and
WHEREAS, he was one of the most brilliant attorneys ever to prac tice law in Columbus, Georgia; and
WHEREAS, he was the senior member of the law firm of Foley, Chappell, Hollis and Schloth and had been in his office daily until the day of his death; and
WHEREAS, in the course of more than fifty years in the practice of law, he served as chairman of the Police Commission of Columbus in 1920-21, as solicitor of City Court from 1921 to 1933, as county attorney
TUESDAY, MARCH 5, 1968
2767
for Muscogee County from 1935 to 1945 and since 1945 he had devoted full time to a highly successive private law practice; and
WHEREAS, he rendered outstanding service to the people of his community and the State, and his leadership will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that profoundest regrets are hereby expressed at the passing of Honorable Bentley H. Chappell and deepest sympathy is hereby extended to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the members of the family of Honorable Bentley H. Chappell.
HR 826. By Messrs. Edwards of the 57th, Pickard, Jones and Buck of the 112th and others:
A RESOLUTION
Commending and thanking Maynard R. Ashworth; and for other purposes
WHEREAS, Maynard R. Ashworth, publisher of the Columbus Ledger and the Columbus Enquirer, has graciously and consistently provided each of the members of the House with copies of his fine product each day throughout the 1968 Session; and
WHEREAS, the members of the House have appreciated being able to keep up with local, state and world events by reading the excellent newspapers provided by Maynard R. Ashworth.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and heartily thanks Maynard R. Ashworth for providing the members with news papers of consistently high quality news coverage each day.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Maynard R. Ash worth; Columbus, Georgia.
HR 827. By Messrs. Rowland and Joiner of the 48th, Brantley of the 63rd and others:
A RESOLUTION
Commending Sheriff Roland Attaway; and for other purposes.
WHEREAS, last year the entire State of Georgia was shocked to hear the news of the cowardly murder of the late Floyd Hoard, the Solicitor General of the Piedmont Judicial Circuit; and
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JOURNAL OP THE HOUSE,
WHEREAS, the entire law enforcement resources of the State were marshaled and alerted for the purpose of concentrating upon the appre hension of those responsible for this terrible deed; and
WHEREAS, Honorable Roland Attaway, Sheriff of Johnson County, employing the considerable resources at his command through his in vestigative techniques and expertise in the field of law enforcement, apprehended and single-handedly solved this dastardly crime; and
WHEREAS, it is only befitting and proper that this body recognize the dedication of this distinguished and outstanding law enforcement officer in his devotion to the duties and responsibilities to protect the life and property of the citizens of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Sheriff Roland Attaway for his splendid law enforcement skills employed in the solving of the infamous Floyd Hoard murder case.
BE IT FURTHER RESOLVED that the Clerk of the House of Repre sentatives is hereby authorized and instructed to transmit an appro priate copy of this Resolution to Sheriff Roland Attaway.
HR 828. By Mr. Kirksey of the 87th:
A RESOLUTION
Commending the 1967-68 Miller County High School Girls Basketball Team and its Coach; and for other purposes.
WHEREAS, the 1967-68 Miller County High School Girls Basketball Team has just completed a most successful season, averaging 54.6 points per game while their opponents averaged 36.1 points per game; and
WHEREAS, this fine team won the Sub-Region and Class "1-B" Region Championships and will represent their Region in the State Basketball Tournament in Macon; and
WHEREAS, during the outstanding season the members of the team demonstrated the highest principles of sportsmanship and athletic achievement, and distinguished themselves by their spirit, zeal and per formance on the field of play in achieving their enviable record; and
WHEREAS, particular praise should be accorded to the Coach of this fine team.
NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES does hereby extend its heartiest congratulations to each and every member of the 1967-68 Miller County High School Girls Basketball Team, to its Coach and to the entire student body of Miller County High School.
TUESDAY, MARCH 5, 1968
2769
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to send a copy of this Resolution to the Coach and to the Principal of Miller County High School.
HR 829. By Messrs. Lewis and Newton of the 50th:
A RESOLUTION
Expressing regrets at the passing of Theus Everett DeLaigle; and for other purposes.
WHEREAS, Theus Everett DeLaigle was serving in the United States Army in Vietnam when he was killed in action on February 28, 1968, at the age of 20; and
WHEREAS, his home was in Sardis, Georgia, where he graduated from Sardis High School in 1965; and
WHEREAS, he enlisted in the Army in November, 1966, and re ceived his basic training at Fort Jackson, South Carolina; and
WHEREAS, he received his orders to Vietnam in August, 1967, and was assigned to the 242nd A.S.H. Company; and
WHEREAS, he was a brave, honorable and dedicated soldier who paid the supreme sacrifice in the service of his country; and
WHEREAS, he is survived by his father and mother, Mr. and Mrs. Theus DeLaigle, of Girard, Georgia, seven sisters and two brothers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets at the untimely death of Theus Everett DeLaigle, and further extends its sincerest sympathy to all members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this resolution to Mr. and Mrs. Theus DeLaigle of Girard, Georgia.
HR 830. By Mr. Parrish of the 96th:
A RESOLUTION
Commending the Honorable June J. Parrish for a lifetime of service to his Community, his County and his State; designating him as Official Historian of the County of Cook; and for other purposes.
WHEREAS, June J. Parrish was born on June 1, 1884 in a city to which his grandfather had given the name Adel and in a county in the creation of which he himself was to prove instrumental; and
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WHEREAS, the subsequent chronology of his accomplishments includes:
Organization of a meeting aimed at the establishment of Cook County in 1908, ten years before its actual creation;
Leadership in the establishment of Georgia's first real farmers' cooperative, the Watermelon Growers' Association, in 1920;
Election as Mayor of Adel in 1925 with 15 years continuous service sparked by such achievements as paving of the city's streets, white way lighting of the business district, and obtaining of a swim ming pool and library;
Leadership in fund-raising for construction of a tobacco ware house in 1925 and the Phil Cook Hotel in 1929, and in passage of a sorely needed school bond election and the construction of the Cook County Memorial Hospital; and
WHEREAS, June J. Parrish is not only a doer but a chronicler, having published a 300-year history of his distinguished family in 1948 and having just completed a detailed history of Cook County and its Municipalities;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body, recognizing that stalwart citizen ship is our most vital natural resource, commends and is grateful for such a record of both leadership and participation in community affairs.
BE IT FURTHER RESOLVED that, through both his contributions to and his recording of the history of his area, June J. Parrish has more than earned this Body's designation as the Official Historian of Cook County, Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable June J. Parrish.
HR 831. By Mr. Otwell of the 10th:
A RESOLUTION
Commending Douglas Windsor Frederick; and for other purposes.
WHEREAS, Douglas Windsor Frederick has been named the Star Teacher for Forsyth County for the past three consecutive years; and
WHEREAS, Douglas Windsor Frederick was Principal of the For syth County Elementary School from 1963-1964; and
TUESDAY, MARCH 5, 1968
2771
WHEREAS, Douglas Windsor Frederick began coaching boy's bas ketball, baseball and B-Team football in 1964, and the basketball team coached by Douglas Windsor Frederick compiled an outstanding 20-5 record this season; and
WHEREAS, Douglas Windsor Frederick graduated from Franklin County High School, from Rhinehart College and Georgia Southern Col lege; he holds a Bachelor of Science Degree in Education, and a Master's Degree which he earned at the University of Georgia in 1967.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Douglas Windsor Frederick for his outstanding success in the field of education and sports.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Douglas Windsor Frederick.
SR 263. By Senator Pennington of the 45th:
A RESOLUTION
Commending the Newton County High School Basketball Team; and for other purposes.
WHEREAS, for the last ten years, the Newton County High School basketball teams have compiled a truly remarkable and phenomenal record under Coach Ronald M. Bradley. The Newton County High School basketball teams have accomplished a feat unequal by any other high school team in the world--winning 129 consecutive games on their homo court without a loss; and
WHEREAS, the above accomplishment ties a world record previous ly held by the University of Kentucky Basketball Team; and
WHEREAS, under Coach Bradley's tutelage Newton County High School teams have compiled 283 wins and only 30 losses in the last ten years; and
WHEREAS, particular praise should be directed toward Coach Ronald M. Bradley for his fine accomplishments in coaching the young citizens of Newton County in the principles of sportsmanship and athletic achievements; and
WHEREAS, Coach Bradley has been named Coach of the Year in 1960, 1961, 1964, 1965 and 1966; and
WHEREAS, it is only befitting and proper that this body recognize the outstanding achievements of the coaches and players of the Newton County High School Basketball Team.
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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend each and every member of the present Newton County High School Basketball Team and their outstanding coach, Ronald M. Bradley, and does con gratulate present and past teams in their truly remarkable accomplish ment of compiling a record unequaled anywhere in the world by a high school basketball team.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Coach Ronald M. Bradley, and to Homer M. Sharp, Principal of Newton County High School, and to each and every member of the 1967-68 Newton County High School Basketball Team.
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 1193. By Messrs. Adams of the 125th, Vaughan of the 14th, Harris of the 14th, Colwell of the 5th, Dillon of the 128th and Carnes of the 129th:
A Bill to amend an Act known as the "Georgia Motorboat Numbering Act", so as to change the short title of said Act; to extend the provisions of said Act to cover certain additional watercraft; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act known as the "Georgia Motorboat Numbering Act", approved March 7, 1960 (Ga. Laws 1960, p. 235), as amended, by an Act approved April 2, 1963 (Ga. Laws 1963, p. 301), and by an Act approved March 24, 1965 (Ga. Laws 1965, p. 251), so as to provide for certain definitions; to provide that applications for identification numbers shall include certain information; to provide that certificate of number shall show certain information; to provide for the issuance of certificates of number to be used on motorboats by motorboats dealers for testing and demonstration purposes; to provide the procedures relative to the reporting of motorboat accidents; to provide for certain specific require ments relative to safety in boating; to provide for the liability of the owner of a motorboat for injury or damage caused by the negligent operation of such motorboat; to provide that it shall be unlawful to reproduce certificates of number; to provide for penalties for violation of this Act; to provide for the revocation of motorboat registration under certain circumstances; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Georgia Motorboat Numbering Act", approved March 7, 1960 (Ga. Laws I960, p. 235), as amended, by
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2773
an Act approved April 2, 1963 (Ga. Laws 1963, p. 301), and by an Act approved March 24, 1965 (Ga. Laws 1965, p. 251), is hereby amended by adding a new paragraph to Section 2, to be known as paragraph (8) to read as follows:
"(8) Watercraft" means any boat or craft other than a sea plane on the water, used or capable of being used as a means of transportation on water:
Section 2. Said Act is further amended by adding a new section between Sections 6 and 7 to be designated Section 6A to read as follows:
"Section 6A. (a) The application for a certificate of number shall include the following information:
(1) The name and address of the owner; (2) The serial number of the motorboat;
(3) The present number of the motorboat, if any; (4) The hull material of the motorboat (wood, steel, aluminum,
plastic or other);
(5) The type of propulsion, (outboard, inboard, other); (6) The type of fuel: (gas, diesel, other); (7) The make, model and year the motorboat was built, if
known; (8) Length of the motorboat; (9) The signature of the owner;
(10) The signature of the owner; (b) The certificate of number shall show the following in formation : (1) The name and address of the owner of said motorboat; (2) The number issued; (3) The expiration date;
(4) The make or model or type of motorboat; (5) The hull material of the motorboat (wood, steel, aluminum,
plastic, other);
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JOURNAL OF THE HOUSE,
(6) The length of the motorboat;
(7) The type of propulsion (outboard, inboard, other) ;
(8) Serial number of the motorboat.
Section 3. Said Act is further amended by striking subsection (a) of Section 7 in its entirety and substituting in lieu thereof a new sub
section (a) to read as follows:
"Section 7. (a) The owner of a motorboat required to be numbered by this Act must paint or firmly attach the number awarded on each side of the bow of the motorboat in such a position as to provide easy identification before such motorboat may be operated on the waters of this State. The numbers shall read from left to right. They must be in block characters of good proportion, not less than three (3) inches in height nor more than one (1) inch apart, of a color that contrasts with the background color of the boat, and must be so maintained as to be clearly visible and legible. No other number may be displayed on either side of the bow. The identification numbers shall consist of three parts. The first part shall consist of the letters 'GA', indicating this State. The second part shall consist of not more than four (4) arabic numerals; the third part shall consist of not more than two letters. The parts shall be separated by a hyphen or an equivalent space. As ex
amples:
'GA-1-3;
GA-1234-AA;
GA 56 ZZ
Since the letters 'i', 'o' and 'Q' may be mistaken for arabic numerals, they shall not be used in the suffix."
Section 4. Said Act is further amended by striking subsection (c) of Section 7 in its entirety and substituting in lieu thereof a new sub section (c) to read as follows:
"(c) Should the ownership of a motorboat change, a new appli cation form with the fee of $1.00 shall be filed with the Commission and a new license shall be awarded in the same manner as provided for in an original award of number. It is specifically provided that the motorboat license shall not be transferrable."
Section 5. Said Act is further amended by striking subsection (f) of Section 7 in its entirety and substituting in lieu thereof a new sub section (f) to read as follows:
"(f) Every license awarded pursuant to this Act shall be for a period of not more than three calendar years and shall become sub ject to renewal after November 1 of the third calendar year of its use. If not renewed prior to or on the expiration date, said license shall lapse and expire and be of no further validity. On any renewal, provided the license has not lapsed, the user thereof shall continue to be assigned the same number."
TUESDAY, MARCH 6, 1968
2775
Section 6. Said Act is further amended by adding a new subsection at the end of Section 7 to be designated subsection (j) to read as follows:
"(j) If a certificate of number is lost or stolen, a duplicate certificate shall be issued by the Commission upon receipt of a properly completed standard motorboat registration form marked 'DUPLICATE', accompanied by an affidavit stating the circum stances of the loss, together with a money order or cashier's check in the amount of $1.00."
Section 7. Said Act is further amended by adding a new section between Sections 7 and 8 to be designated Section 7A to read as follows:
"Section 7A. (a) For the purposes of this Section, the word 'dealer'
"Section 7A. (a) For the purposes of this Section, the word 'dealer' shall mean any person engaged in the business of manufac turing motorboats or selling new or used motorboats at an estab lished place of business.
(b) Any dealer may obtain certificates of number to be used only for the purpose of testing or demonstrating motorboats owned by such dealer. The fee for the first certificate of number issued to any dealer for each motorboat classification shall be the same fee as prescribed in Section 6 of this Act, but the Commission is hereby authorized to issue additional certificates of number to deal ers for testing and demonstration purposes at a reduced fee for each classification. The amount of the reduced fee shall be determined by the Commission but shall be a reasonable approximation of the cost of producing and distributing such certificates of number, and the amount of such reduced fee may be changed from time to time by the Commission.
(c) Dealers shall be authorized to transfer certificates of num ber issued pursuant to this Section from one motorboat to another in the same classification.
(d) Dealers desiring such certificates of number shall make application for them on standard motorboat registration forms which shall be accompanied by an affidavit stating that he is a motorboat dealer. Numbers assigned by such certificates may be used by tempo rary placement on motorboats within the certificate's class range when such motorboats are being tested or demonstrated and must be plainly marked 'BOAT DEALER'. Such temporary placement of such number of registration shall be as the Commission shall pre scribe by rule and regulation.
(e) It is hereby declared to be the explicit intent of this Section that only one motorboat may be operated for testing and demonstra tion purposes under one certificate of number at any given time."
Section 8. Said Act is further amended by adding a new section between Sections 8 and 9 to be designated Section 8A to read as follows:
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JOURNAL OF THE HOUSE,
"Section 8A. The reporting of motorboat accidents shall be in accordance with the following procedure:
(a) A written report is required whenever any one or more of the following occurs as a result of any accident involving motorboats:
(1) The death of any person from whatever cause;
(2) The disappearance of any person from on board under cir cumstances which suggest any possibility of their death or injury;
(3) The injury of a person sufficient to cause their incapacitation for seventy-two hours or longer;
(4) The loss or damage to property of any kind (including the motorboat) in an amount of $100.00.
(b) Whenever death or injury has resulted or may result from a motorboat accident, a written report shall be submitted to the State Game and Fish Commission within forty-eight (48) hours. For every other reportable motorboat accident, a written report shall be submitted within five (5) days.
(c) Every written report of an accident shall be submitted on forms supplied by the State Game and Fish Commission which shall require the following information:
(1) The numbers and/or names of the motorboat involved;
(2) The locality where the accident occurred;
(3) The date and time of the accident;
(4) The weather and water conditions;
(5) The name, address, age and operating experience of the operating of the reporting motorboat;
(6) The names and addresses of the operators of other motorboats involved;
(7) The names and addresses of the owners of motorboats or other property involved;
(8) The names and addresses of all persons killed or injured;
(9) The nature and extent of injury to any person;
(10) A description of the accident (including opinions as to the causes);
TUESDAY, MARCH 5, 1968
2777
(11) The length, propulsion, horsepower, fuel and construction of the reporting motorboat;
(12) A description of damage to any property (including motorboats) and estimated cost of repairs;
(13) Names and addresses of known witnesses."
Section 9. Said Act is further amended by striking from Section 9 the following: "Section 8(b)" and inserting in lieu thereof the fol lowing: "the provisions of this Act", so that when so amended Section 9 shall read as follows:
"Section 9. Transmittal of information. In accordance with any request duly made by an authorized official or agency of the United States, any information complied or otherwise available to the Com mission pursuant to the provisions of this Act shall be transmitted to said official or agency of the United States."
Section 10. Said Act is further amended by striking Section 10A in its entirety and substituting in lieu thereof a new Section 10A to read as follows:
"Section 10A. In addition to the requirements set forth in Section 10B of this Act, the Commission, to promote safety in boat ing, is hereby authorized to adopt, promulgate and enforce safety regulations relative to motorboat equipment, operation, lights and navigation rules as the Commission shall deem necessary."
Section 11. Said Act is further amended by adding between Section 10A and Section 11 two new sections to be designated Section 108 and Section 10C to read as follows:
"Section 10B. (a) Any person operating any motorboat on the waters of this State shall comply with the following requirements:
(1) No person shall operate any watercraft or manipulate any water skis, aquaplane, or similar device in a reckless or negligent manner so as to endanger the life, limb or property of any person.
(2) When watercraft approach each other obliquely or at right angles, the watercraft approaching on the right side shall have the right of way, and the other craft must stay clear.
(3) The speed of all watercraft shall at all times be regulated so as to avoid danger of injury or damage or unnecessary incon venience either directly or by the effect of the wash or wave raised by such watercraft in the vicinity of swimming areas, docks, floating boat houses, moored boats or boats engaged in fishing or similar activities.
(4) No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and operating conditions.
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JOURNAL OF THE HOUSE,
(5) No person shall operate any watercraft on any of the waters of this State towing a person on water skis, an aquaplane, or similar device, nor shall any person engaged in water skiing, aqua planing, or similar activities unless such person being towed is wearing a ski belt, ski jacket, or Coast Guard approved life pre server. Provided, that this requirement shall not apply to persons engaged in organized water ski tournaments, competitions, exposi tions, or bona fide trials therefor.
(6) No person shall operate a watercraft on any of the waters of this State towing a person on water skis, an aquaplane, or similar device without having aboard such tow boat a wide angle mirror or some person, other than the operator, in a position to watch the person being towed so that any person or persons being towed may
be observed at all times.
(7) No person shall operate a watercraft on any of the waters of this State towing a person on water skis, an aquaplane, or simi
lar device, nor shall any person engage in water skiing, aqua planing, or similar activity at any time between the hours from one hour after sunset to one hour before sunrise.
(8) The operator of any watercraft on the waters of this State shall have aboard one life preserver, buoyant vest, ring buoy or buoyant cushion for each person aboard, all such life preservers, buoyant vests, ring buoys or buoyant cushion for each person aboard, all such life preservers, buoyant vests, ring buoys or buoyant cushions shall be approved by the U. S. Coast Guard, shall bear certification of such approval and shall be in good and serviceable
conditions.
(9) No person shall operate any watercraft on any of the waters of this State during hours of darkness unless showing a light sufficient to make the watercraft's presence and location known to any and all other craft within 200 feet.
(10) No person operating any watercraft shall allow any person to ride on the bow or gunwale of such watercraft unless such bow or gunwale shall be equipped with a railing or some other retaining device securely attached to such watercraft so that it might be held to prevent any such person from falling or being thrown overboard.
(b) The use of watercraft will be restricted in certain areas of the waters of this State when the Director determines that such restriction is necessary in the interest of public safety. Regulated areas shall be identified by appropriate signs and markers, and all watercraft shall be required to obey any such signs and/or markers. Such signs and markers shall conform to the system of aids of navigation prescribed by the U. S. Coast Guard and to the System of Uniform Waterway Markers approved by the Advisory Panel of State Officials to the Merchant Marine Council, U. S. Coast Guard in October, 1961. No city, county or person shall attempt to regulate the public waters of this State by use of the above mentioned signs and markers without the expressed permission of the Commission.
TUESDAY, MARCH 5, 1968
2779
This regulation shall not impose upon any private owner or other person any duty or expense to provide, place and maintain the aforementioned signs and markers in areas of waters owned or im pounded by them.
(c) Any watercraft, when operated upon the salt waters of this State or the marginal sea adjacent to this State, shall be required to comply with the regulations of the U. S. Coast Guard pertaining to life saving equipment, fire extinguishers, lights and other equip ment and shall observe the Inland or International Rules of the Road where applicable.
"Section 10C. The owner of a watercraft shall be liable for any injury or damage caused by the negligent operation of such watercraft, when such watercraft is being used with such owner's expressed or implied consent. It shall be presumed that such watercraft is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under the control of a member of such owner's immediate family. Nothing contained herein shall be construed to relieve any other person from any liability which he would otherwise have."
Section 12. Said Act is further amended by adding a new section between Sections 12 and 13 to be designated Section 12A to read as follows:
"Section 12A. It shall be unlawful for any person to reproduce, by any means whatsoever, a Georgia certificate of number for motorboats issued pursuant to the provisions of this Act."
Section 13. Said Act is further amended by striking Section 13 in its entirety and substituting in lieu thereof a new Section 13 to read as follows:
"Section 13. Any person violating any provision of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor, and the court, in its discretion, shall have the power to revoke for any period of time not exceeding two years the motorboat registration of any person convicted under this Section for the second or any subsqeuent offense."
Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendments were read and adopted:
Mr. Lovell of the 6th moves to amend HB 1193 (Committee substi tute) as follows:
Strike "cost" and insert $1.00 in issuing duplicates.
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Mr. McCracken of the 49th moves to amend the Committee Substi tute to HB 1193 as follows:
By striking Section 10 in its entirety and by renumbering Sections 11, 12, 13 and 14 as Sections 10, 11, 12 and 13, respectively.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Barber Battle Bennett Berry, C. E. Black Blalock Bond Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cook Cooper, B. Cooper, J. R. Cox
Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farrar Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hargrett Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kirks ey Knapp Lambros Land 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
Maxwell McClatchey McCracken McDaniell Melton
Merritt
Mixon Moate Moore, Don C. Mullinax
Nessmith Newton Nimmer Northcutt Oglesby Pafford Paris
Parker, C. A.
Parker, H. W. Parrish
TUESDAY, MARCH 5, 1968
Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T.
2781
Smith, W. L. Snow Stalnaker Starnes Sullivan Sweat Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs. Ballard, Caldwell and Whaley.
Those not voting were Messrs.:
Barfield
Berry, J. K. Bowen Colwell Dean Dorminy
Farmer Floyd Hamilton Hill Howell
Jenkins
Kaylor
Laite Lambert Levitas Magoon Miller
Moore, J. H. Moreland Murphy Nash Odom
Otwell
Palmer
Russell Savage Steis Thompson, A. W. Thompson, R.
Threadgill Walling Wamble Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 168, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 1233. By Messrs. Murphy or the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act providing that the State of Georgia become a party to the "Southern Nuclear Compact", so as to
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provide that the funds necessary to carry out the provisions of the Act and Compact shall be paid from funds appropriated to or otherwise made available to the Executive Department; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 1586. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Chapter 88-13, relating to radiation control, so as to authorize the Department of Public Health to purchase, lease, accept or acquire a suitable site or sites for the con centration and storage of radioactive wastes; and for other purposes.
The report 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 1593. By Mr. DeLong of the 105th:
A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for an oath of office for wardens, guards and other custodial officers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 1. The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 5, 1968
2783
HB 1374. By Messrs. Paris of the 23rd, Murphy of the 26th, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority (Penal) Act", so as to provide for a maximum bond limitation not to exceed eighteen million ($18,000,000.00) dollars; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson 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. Buck Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty
Davis Dean DeLong Dent Dickinson Dillon Dixon Dollar Douglas Edwards Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham
Howard
Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Miller Mixon Moate
Moore, Don C.
2784
Moore, J. H. Nes smith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Pickard Poss Potts Ragland Rainey Reaves Richardson
JOURNAL OF THE HOUSE,
Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Sullivan Sweat Thompson, A. W.
Thompson, R. Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative was Mr. Ballard.
Those not voting were Messrs.:
Brown, C. Busbee Clarke Colwell Conner Cox Crowe, W. J. Dodson Dorminy Doster Egan Farrar Hamilton
Hill Holder Hood Jenkins Knapp Laite Lambert Lambros Levitas Mason McCracken Melton Moreland
Mullinax Murphy Nash Peterson Phillips Savage Stalnaker Steis Threadgill Townsend Walling Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 165, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HR 537-1179. By Mr. Ward of the 2nd:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide an exemption of $4,000.00 from all State and county ad valorem taxes of
TUESDAY, MARCH 5, 1968
2785
the homestead of persons sixty-five (65) years of age or older who have an income including that of their spouse of less than $6,000.00 per annum; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph:
"Each person who is sixty-five (65) years of age or over and
who does not have an income from all sources exceeding $3,000.00 per annum is hereby granted an exemption of $4,000.00 on his homestead which he owns and which he actually occupies as a resi dence, such exemption being from all State and county ad valorem taxes. The value of the residence in excess of the above exempted
amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiving
the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner
is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. The increased ex
emption provided for herein shall apply to all taxable years begin ning after December 31, 1964.",
and substituting in lieu thereof the following paragraph:
"Each person who is sixty-five (65) years of age or over and whose income when added to that of his spouse does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes is hereby granted an exemption of $4,000.00 on his homestead which he owns and which he actually occupies as a resident, such exemption being from all State and county ad valorem taxes. For the purposes of this paragraph, there shall not be in cluded within the determination of income any Federal old-age, survivor or disability insurance benefits, not any benefits or pay ments received from any retirement or pension fund when such benefits or payments are based upon contributions made to such funds by the taxpayer or his spouse. The value of the residence in excess of the above exempted amount shall remain subject to tax ation. Any such owner shall not receive the benefits of such home stead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver
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shall provide affidavit forms for this purpose. The increased exemp tion provided for herein shall apply to all taxable years beginning after December 31, 1968."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for an exemption of $4,000.00 from all State and county ad valorem taxes for the homestead of owners sixty-
NO ( ) five (65) years of age or older whose income when added to that of his spouse does not exceed $6,000.00 for the immediately preceding taxable year?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be tha 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 substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide an exemption of $4,000.00 from all State and county ad valorem taxes of the homestead of persons sixty-five (65) years of age or older who have a net income as defined by Georgia law for income tax purposes, including that of their spouse of less than $4,000.00 per annum; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph:
TUESDAY, MARCH 5, 1968
2787
"Each person who is sixty-five (65) years of age or over and who does not have an income from all sources exceeding $3,000.00 per annum is hereby granted an exemption of $4,000.00 on his home stead which he owns and which he actually occupies as a residence, such exemption being from all State and county ad valorem taxes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he re ceives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. The increased exemp tion provided for herein shall apply to all taxable years beginning after December 31, 1964.",
and substituting in lieu thereof the following paragraph:
"Each person who is sixty-five (65) years of age or over and whose net income as defined by Georgia law when added to that of his spouse does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes is hereby granted an exemption of $4,000.00 on his homestead which he owns and which he actually occupies as a resident, such exemption being from all State and county ad valorem taxes. For the purposes of this paragraph, there shall not be included within the determination of income any Federal old-age, survivor or disability insurance benefits, not any benefits or payments received from any retirement or pension fund when such benefits or payments are based upon contributions made to such funds by the taxpayer or his spouse. The value of the resi dence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1968."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has entered on their
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JOURNAL OF THE HOUSE,
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 an exemption of $4,000.00 from all State and county ad
NO ( ) valorem taxes for the homestead of owners sixty-five (65) years of age or older whose net income as defined by Georgia law for income tax purposes when added to that of his spouse does not exceed $4,000.00 for the immediately preceding taxable year?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this
State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Andersen Barber Barfield Battle Bennett
Berry, C. E. Berry, J. K. Black Blalock Bond
Bostick Bowen
Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Gates
Cato Chandler Cheeks Clarke Cole
Collins, J. F. Conner
Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Davis DeLong
Dent Dickinson Dillon Dixon Dodson
Dollar Doster
Douglas Egan Fallin Farrar Fleming Funk Gary Gay
Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall
Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood
Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambros
TUESDAY, MARCH 5, 1968
Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Nessmith Nimmer Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parrish Phillips Pickard Potts Reaves Richardson
2789
Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Sullivan Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.
Ballard
Ross
Those not voting were Messrs.:
Brown, B. D. Busbee Caldwell Carnes Collins, M. Colwell Cook
Cox
Daugherty Dean Dorminy Edwards
Farmer Floyd Hamilton Hill
Jenkins Jordan, W. H.
Laite Lambert
Leonard Levitas McCracken Melton
2790
Moreland Murphy Nash Newton Odom Oglesby Parker, H. W.
JOURNAL OF THE HOUSE,
Peterson Poss Ragland
Rainey Roach
Savage Stalnaker
Steis Sweat Thompson, A. W.
Walling Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 160, nays 2.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
HB 1050. By Messrs. Lane of the 64th, Paris of the 23rd, Parker of the 55th, Ward of the 2nd and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for the exception relative to employment with any State department or agency after retirement; and for other purposes.
The following amendment was read and lost:
The Committee on State of Republic moves to amend HB 1050 as follows:
By inserting in the title immediately before the phrase, "to provide an effective date;" the following: "to provide a monthly supplemental benefit for members of the Uniform Division of the Department of Public Safety and Georgia Bureau of Investigation who retired prior to a certain date as a result of disability incurred in line of duty;".
By renumbering Section 4 as Section 5 and by adding a new section to be designated Section 4, to read as follows:
"Section 4. Said Act is further amended by adding a new sec tion between Sections 15 and 16 to be designated Section 15A, to read as follows:
'Section ISA. Anything in this Act to the contrary notwith standing, any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation who retires or who has retired at any time prior to July 1, 1968, as a result of becoming permanently disabled due to an act of external violence or injury incurred in line of duty, shall receive the regular retirement benefits provided by this Act and an additional monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of credi table service as an enforcement officer under the jurisdiction of
TUESDAY, MAKCH 5, 1968
2791
the Department of Public Safety. Such additional monthly sup plemental benefit shall in no event exceed $150.00 per month. Any supplemental benefit payable under this Section shall be reim bursed to the Retirement System by the Department of Public Safety upon receipt of a bill therefor.'
The following substitute, offered by Messrs. Jones, Lane and Caldwell of the 51st, was read and adopted:
A BILL
To be entitled An Act to amend an Act establishing the State Em ployees Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to change the provisions relating to a per manent employee of the Uniform Division of the Department of Public Safety, the Georgia Bureau of Investigation and State Crime Labora tory; to provide that any member of the Uniform Division of the Depart ment of Public Safety and any officer or agent of the Georgia Bureau of Investigation who receives a disability retirement shall be entitled to receive certain supplemental benefits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the State Employees Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking paragraph (b) of subsection (3) of Sec tion 5 in its entirety and inserting in lieu thereof a new paragraph (b) of subsection (3) of Section 5 to read as follows:
"(b) Any member in service may be retired by the board of trustees on a disability allowance upon written application to the board of trustees made by such member or his employer, not less than 30 days nor more than 90 days subsequent to the execu tion and filing thereof: Provided, such member has 15 or more years of creditable service, and provided the medical board, after a medical examination of such member, shall certify that he is mentally and physically incapacitated for further performance of duty in the position he occupied at the time the disability originated, and that such incapacity is likely to be permanent and that he should be retired.
Provided, however, that any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation and State Crime Laboratory, who, as a contributing member of this System and who, upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances, shall, after a medical examination and upon certification by the medical board that such member, is, in their opinion, per manently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option and such monthly
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JOURNAL OF THE HOUSE,
allowance as shall be payable to the member only, during his life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent disability occured: Provided, further such per manent disability retirement shall apply regardless of the length of service of any such member, officer or agent prior to his permanent disability, with a further provision that the System shall be prompt ly reimbursed by the employee's department upon payment by the System of each monthly allowance to the member during his per manent disability. Such monthly reimbursement by the department shall include the employer's share of cost for any survivors' bene fit for which the member may be eligible at the time of permanent disability. Such member shall be deemed to have acquired 20 or more years of creditable service.
Anything in this Act to the contrary notwithstanding, any mem ber of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation who retires as a result of becoming permanently disabled due to an act of external violence or injury incurred in the line of duty, shall re ceive the regular retirement benefits provided by this Act and an additional monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as an enforcement officer under the jurisdiction of the Department of Public Safety. Such additional monthly supplemental benefit shall in no event exceed $150.00 per month. Any supplemental benefit payable under this Section shall be reimbursed to the Retirement System by the Department of Public Safety upon receipt of a bill therefor."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker announced the House recessed until 1:40 o'clock, P.M.
AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
TUESDAY, MARCH 5, 1968
2793
HB 910. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the Blst:
A Bill to be entitled an Act to amend Code Section 92-5702, relating to the meaning of "fair market value", relating to the levy of ad valorem taxes; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To amend Code Section 92-5702, relating to the meaning of "fair market value", so as to redefine the meaning of "fair market value"; to amend Code Section 92-5703, relating to the levy of ad valorem taxes, so as to provide that all tangible property subject to taxation by the State, any county, shall be returned by the taxpayers as provided by law at its fair market value, and shall be assessed at forty percent (40%) of its fair market value and taxed according to forty percent (40%) of its fair market value, on a levy to be made by each respective taxing jurisdiction; to provide a declaration of Legislative intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 92-5702, relating to the meaning of "fair market value", which reads as follows:
"92-5702. 'Fair Market Value', meaning of. -- The intent and purpose of the tax laws of the State are to have all property and subjects of taxation assessed at the value which would be realized therefrom by cash sale, as such property and subjects are usually sold, but not by forced sale thereof, and the words 'fair market value', when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in the manner in which such property and subjects are usually sold.",
is hereby amended by striking said Code Section 92-5702 in its entirety and substituting in lieu thereof a new Code Section 92-5702, to read as follows:
"92-5702. 'Fair market value', meaning of. -- The intent and purpose of the tax laws of this State are to have all property and subjects of taxation returned at the value which would be realized therefrom by cash sale, as such property and subjects are usually sold, but not by forced sale thereof, and the words 'fair market value', when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in the manner in which such property and subjects are usually sold."
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JOURNAL OF THE HOUSE,
SECTION 2
Code Section 92-5703, relating to the levy of ad valorem taxes, which reads as follows:
"92-5703. Tax to be levied by whom. -- All property or other things of value subject to taxation shall be returned by the taxpayers as provided by law at its fair market value, and shall be taxed ac cording to its value on a levy to be made by the Governor, with the assistance of the State Revenue Commissioner.",
is hereby amended by striking said Code Section 92-5703 in its entirety and substituting in lieu thereof a new Code Section 92-5703, to read as follows:
"92-5703. Tax to be levied by whom. -- All tangible property subject to taxation by the State, any County, or any other taxing jurisdiction, except any municipality, shall be returned by the tax payers as provided by law at its fair market value, and shall be as sessed at forty percent (40%) of said fair market value and taxed according to said forty percent (40%) of its fair market value on a levy made by each respective taxing jurisdiction. The levy for State taxation shall be made by the Governor with the assistance of the State Revenue Commissioner.
"It is the intent and purpose of the General Assembly of this State that the value of tangible property as referred to in the tax laws of this State shall be forty percent (40%) of the fair market value of such property."
SECTION 3
All laws and parts of laws in conflict with this Act are hereby re pealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
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. Busbee
Caldwell Cato Chandler Cheeks Clarke Cole Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson
TUESDAY, MARCH 5, 1968
Higginbotham Hill Holder Howard Howell Hutchinson Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Merritt Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Paris
2795
Parker, C. A. Parker, H. W. Peterson Phillips Pickard Poss Potts Rainey Reaves Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Cook Davis
Laite Lambros
Miller Ragland
2796
Richardson Russell
JOURNAL OF THE HOUSE,
Wamble
Winkles
Those not voting were Messrs.:
Barfield Bennett Brantley, H. H.
Brown, C. Buck Carnes Gates Collins, J. F. Colwell
DeLong Falling Fleming
Hood Jenkins Joiner Lovell Matthews, D. R. McClatchey
Melton Moate Moreland
Oglesby Palmer Parrish Simmons Smith, V. T. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 168, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1424. By Messrs. Barber of the 24th and Smith of the 54th:
A Bill to be entitled an Act to provide for the establishment of a special training program within the State Department of Education; to provide for the administration of the program by the State Board of Education; to provide for an Advisory Committee; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1636. By Messrs. Clarke of the 45th and Pickard of the 112th:
A Bill to be entitled an Act to amend an Act creating the Department of Commerce (now the Department of Industry and Trade), so as to em power the director to reimburse authorized personnel of the Depart ment for the actual cost incurred in the pursuit of official business for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other transpor tation; and for other purposes.
TUESDAY, MARCH 5, 1968
2797
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 172, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 1597. By Messrs. Rush of the 75th, Shuman of the 65th and Floyd of the 7th:
A Bill to be entitled an Act to amend Code Chapter 47-5, relating to ap propriations, so as to provide that neither House of the General Assembly shall take any action on any general appropriation bill or supplemental appropriation bill after the same shall be reported out of committee for consideration by the entire House or Committee of the Whole until 48 hours shall have elapsed from the printing of any substitute to such a bill and the placing of the printed substitute on each member's desk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the Clerk was directed to correct a typographical error appearing in HB 1597 as follows:
Remove "48 hours" where same appears and insert "24 hours" in lieu there of.
HB 1404. By Messrs. Harris of the 118th and Harris of the 85th:
A Bill to be entitled an Act to provide for the interpretation of provisions of the Constitution and statutes basing elections and other actions on elections of members of the General Assembly; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1533. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this state to be used for any public purposes, so as to provide for minimum grants; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 1650. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend Code Section 23-1109, relating to fees of county surveyors, so as to make the provisions pertaining to counties with populations of 17,000 or over apply to counties with less than 17,000 population; to strike the fee schedule for county suveyors of counties with less than 17,000 population; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 167, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HR 436-952. By Messrs. Ware of the 42nd, Wood of the 16th, Steis of the 100th, Dean of the 20th, Berry of the 110th, Dollar of the 89th, Russell of the 92nd and others: A RESOLUTION Proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffering
TUESDAY, MARCH 5, 1968
2799
from loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair; 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 GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end of the last sentence of the last paragraph of Paragraph IV, following the word "arms" the following:
", or loss, or loss of use, of both lower extremeties, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair.",
so that when so amended the last pragraph of Paragraph IV shall read as follows:
"Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000.00 on his homestead which he owns and which he actually oc cupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term 'disabled veter an', as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or paraplegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms, or loss, or loss of use, of both lower
extremities, such as to preclude locomotion without the aid of
braces, crutches, canes or a wheelchair."
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:
2800
JOURNAL OF THE HOUSE,
"YES ( ) Shall the Constitution be amended so as to extend the homestead exemption for disabled veterans to those veterans suffering from loss, or loss of use, of both
NO ( ) lower extremities, such as to preclude locomotion with out the aid of braces, crutches, canes or a wheelchair?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re
turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K.
Black Blalock Bond
Bostick Bowen Branch
Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates 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 Dorminy Doster Edwards Douglas Egan
Fallin Farrar Fleming Floyd Funk Gary Gay Gaynor
Gignilliat Grahl Graves
Gunter Hadaway Hale
Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Henderson Holder Hood Howard Howell Hutchinson
Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller
TUESDAY, MARCH 5, 1968
Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Pafford Palmer Paris Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Roach Ross Rowland Russell Savage Scarlett Shanahan Sherman Shields
2801
Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Town send Tucker Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Barfield Bennett Bray Cato Dollar Farmer Grier
Harris, J. F.
Harrison
Higginbotham
Hill Jenkins Lambert Lambros Lewis Magoon Mason
Mixon
Moate
Moore, Don C.
Otwell Parker, C. A. Rainey Rush Threadgill Vaughan, D. N. Wiggins
Winkles
Mr. Speaker
On the adoption of the Resolution, the ayes were 176, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
2802
JOURNAL OF THE HOUSE,
HR 784-1636. By Messrs. Clarke of the 45th and Pickard of the 112th: A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Department of Industry and Trade to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Depart ment to discuss the location or development of new business, industry, or tourism within the State; to provide for the vertification of such expenditures; to provide that the State Auditor shall conduct an audit of such expenditures at least every six months; to provide for the submis sion of this amendment for ratification or rejection; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution, the Department of Industry and Trade, in order to make Georgia com petitive with other states in securing new business, industry and tourism, is hereby authorized to expand available funds for the business meals and incidental expenses of bona fide industrial pro spects and other persons who attend any meeting at the request of the Department to discuss the location or development of new busi ness, industry or tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made. The State Auditor shall conduct an audit of such expenditures at least every six months."
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 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry and tourism, to expend avail-
TUESDAY, MARCH 5, 1968
2803
able funds for the business meals and incidental exNO ( ) penses of bona fide industrial prospects and other per
sons who attend any meeting at the request of the Department to discuss the location or development of new business, industry or tourism within the State and provide that all such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made, and further provide that the State Auditor shall conduct an audit of such expenditures at least every six months?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
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 Games Gates 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 Dickinson Dillon
Dodson Dorminy Doster Douglas Edwards Egan Fallin Farmer Fleming Funk Gary Gay Gaynor Gignilliat
2804
JOURNAL OF THE HOUSE,
Grahl Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis
Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Odom Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Pickard Poss Potts Ragland Reaves Richardson Roach
Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Adams Barfield Bennett Brantley, H. H. Cato Dent Dixon Dollar Farrar Floyd Harrison
Hill Jenkins Joiner Lambert Levitas Magoon Mason Moate Moore, Don C. Northcutt Oglesby
Peterson Rainey Simmons Smith, J. R. Stalnaker
Sweat Threadgill Walling Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
TUESDAY, MARCH 5, 1968
2805
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Adams of the 125th stated that he had been called from the floor of the House when the roll was called on HR 784-1636, but had he been present would have voted "aye".
HB 1180. By Messrs. Richardson and Funk of the 116th, Berry and Gignilliat of the 113th, Gaynor and Smith of the 114th, Tye and Whaley of the 115th and others:
A Bill to be entitled an Act to amend an Act entitled "Minimum Founda tion Program of Education Act", so as to provide that in certain counties a board of three examiners may certify and classify teachers and other certificated professional personnel employed within their school system; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "Minimum Founda tion Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to authorize the State Board of Education to promulgate rules and regulations to allow county boards of education and boards of education of area and independent school systems to examine applicants who do not have State certification and issue such applicants a temporary certificate to teach under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act entitled "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by adding between the first and second sentences of Section 8 the following:
"Provided, however, the State Board of Education is hereby authorized to promulgate rules and regulations to allow county boards of education and boards of education of area and independent school systems to examine applicants who do not have State certi fication to teach and issue such applicants, who pass a required test of character, scholarship and general fitness, a temporary certificate to teach",
so that when so amended Section 8 shall read as follows:
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JOURNAL OF THE HOUSE,
"Section 8. Certification and Classification of Professional School Personnel; Revocation of Certificates; Definitions.--The State Board of Education shall provide, by regulation, for certifying and classifying all teachers and other certificated professional per sonnel employed in the public schools of this State, and no such personnel shall be employed in the public schools of this State unless they shall hold a certificate issued by the State Board certi fying to his or her qualifications and classification in accordance with such regulations. Provided, however, the State Board of Educa tion is hereby authorized to promulgate rules and regulations to allow county boards of education and boards of education of area and independent school systems to examine applicants who do not have State certification to teach and issue such applicants, who pass a required test of character, scholarship and general fitness, a temporary certificate to teach for a period of one year. The State Board shall establish such number of classifications of teachers and other certificated professional personnel as the Board may, in its discretion, find reasonably necessary or desirable in the operation of the public schools, provided, however, that such classifications shall be based only upon academic, technical, and professional train ing and experience of such personnel. The State Board is authorized to provide, by regulation, for revoking or denying certificates for good cause, after investigation is had and notice and hearing is provided the certificate holder. The State Board shall, by regula tion, define the term 'certificated professional personnel', as used in this Act, and shall designate and define the various classifica tions of professional personnel employed in the public schools of this State that shall be required to be certificated under provisions of this Section. Without limiting the generality of the foregoing, the term 'certificated professional personnel' shall be deemed to include principals, instructional supervisors, visiting teachers, school librarians, guidance counselors, and county or regional librarians."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 166, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1439. By Mr. Ross of the 31st: A Bill to strike the words "Roads and Revenues" from the official names of all the governing authorities of the 159 counties of the State of
TUESDAY, MARCH 5, 1968
2807
Georgia so that the official names of the governing authorities of said counties will be changed from the Board of Commissioners of Roads and Revenues to the Board of Commissioners; and for other purposes.
The following amendment was read and adopted:
Mr. Ross of the 31st moves to amend HB 1439 by inserting in Section I of said Bill after the words "the" and before the word "one" the following words "governing authorities of the".
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 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 786-1643. By Messrs. Lovell of the 6th, Magoon of the 19th, Higginbotham of the 119th, Rainey of the 69th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to reimburse certain employees of the Game and Fish Commission; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph II is hereby amended by adding at the end of subparagraph 2 of Paragraph II of Section I of Article VII the following:
"The General Assembly is hereby authorized to provide by law for reimbursing the employees of the Game and Fish Commission who received a retroactive pay raise in 1967 and were subsequently required to remit the amount of said raise to the State Treasurer."
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
2808
JOURNAL OF THE HOUSE,
their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for re imbursing the employees of the Game and Pish Com-
NO ( ) mission who received a retroactive pay raise in 1967 and were subsequently required to remit the amount
of said raise to the State Treasurer?"
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 members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
Judicial Committee moves to amend HR 786-1643 by striking from "S1e9c6ti6o"n. 1 the figure "1967" and substituting in lieu thereof the figure
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson
Ballard Barber 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.
Busbee Caldwell Games
Gates Cato
Chandler Cheeks Clarke
Cole
Collins, J. P. Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean Dent Dickinson Dillon Dixon Dodson Dorniiny Doster Douglas Edwards Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hale Hall Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howard
TUESDAY, MARCH 5, 1968
Howell Hutchinson Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Otwell Pafford
2809
Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. W. S. Lee.
Those not voting were Messrs.:
Barfield Bennett
Buck Colwell
Cook Crowe, W. J.
2810
DeLong Dollar Egan Pallin Farmer Grier Hamilton Harris, J. F. Henderson Jenkins
JOURNAL OF THE HOUSE,
Joiner Lambert Levitas
Matthews, D. R. Moate Moreland Oglesby
Parker, H. W. Simmons Smith, G. W.
Smith, J. R. Steis Sullivan
Threadgill Townsend Tucker Vaughan, D. N.
Wiggins Winkles Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 168, nays 1.
The Resolution, having received the requisite constitutional two-thirds majority, was adopted, as amended.
HB 1489. By Mr. Caldwell of the 51st:
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 sale of commercially raised fry and fingerling channel catfish for the purpose of stocking fish ponds and the sale of feed used exclusively in raising and producing such catfish; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber 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. Busbee Caldwell Games Gates Chandler Cheeks Clarke Cole
Collins, J. F. Collins, M. Colwell
Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dickinson
Dillon Dixon Dodson
Doster Douglas Edwards Tallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hill Holder Hood
Howell Hutchinson Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros
TUESDAY, MARCH 5, 1968
Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Phillips Pickard Poss Potts
2811
Rainey Reaves Richardson Ross Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, R. W. Winkles Wood
Voting in the negative was Mr. W. S. Lee.
Those not voting were Messrs.:
Barfield Bennett Buck Cato Cooper, B. DeLong Dollar
Dorminy Egan Fleming Harrison Henderson Higginbotham Howard
Jenkins Joiner Lambert Magoon Mason McDaniell Moate
2812
Moreland Northcutt Oglesby Parrish Peterson
JOURNAL OP THE HOUSE,
Ragland Roach Rowland Smith, J. R. Stalnaker
Threadgill Tucker Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 168, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 1241. By Messrs. Paris of the 23rd, Murphy of the 26th, Miller of the 108th and Ragland of the 109th:
A Bill to be entitled an Act to amend Chapter 25-1 of the Code of Georgia, relating to credit unions; to further define the powers of the Superintendent of Banks with respect to credit unions; and for other purposes.
The following amendment was read and adopted:
The House Banks and Banking Committee moves to amend HB 1241 by inserting after Section 3 a new Section 4, and re-numbering the fol lowing sections accordingly, as follows:
Section 4. That said Chapter 25-1 of the Code of Georgia of 1933, as amended, be further amended by striking all of Section 25-115 and inserting in lieu thereof a new Section 25-115, as follows:
"25-115. Approval of loans or advances by credit committee; meetings. The credit committee shall hold such meetings as the business of the credit union may require and not less frequently than once a month to consider applications for loans. Reasonable notice of such meetings shall be given to all members of the com mittee. No loan shall be made unless it is approved by a majority of the entire committee and by all members of the committee who are present at the meeting at which the application is considered; except that the credit committee may appoint one or more loan officers, and delegate to him or them the power to approve loans. Each loan officer shall furnish to the credit committee a record of each loan approved or not approved by him within seven days of the date of the filing of the application therefor. All loans not approved by a loan officer shall be acted upon by the credit committee. No individual shall have authority to disburse funds of the credit union for any loan which has been approved by him in his capacity as a loan officer. Not more than one member of the credit committee may be appointed as a loan officer. An applicant for a loan may appeal to the directors from the decision of the credit committee, if it is so provided in the bylaws and in the way and manner therein provided. Applications for loans shall be made on forms prepared
TUESDAY, MARCH 5, 1968
2813
by the Board of Directors, which shall set forth the purpose for which the loan is desired, the security, if any, and such other data as may be required."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 952. By Mr. Moore of the 20th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensa tion" shall include compensation paid to a member by a member insti tution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.
The following amendment was read and adopted:
The Committee on Education moves to amend HB 952 as follows:
By inserting in the title after the following:
"to reduce the number of days a member in service must wait after filing notice;",
the following:
"to provide for reduction in retirement age;". By inserting in said bill a new Section 4, to read as follows:
"Said Act is further amended by striking from paragraph (c) of subsection (2) of Section 5 the figure "63" wherever the same appears and inserting in lieu thereof the figure "62", so that when so amended paragraph (c) of subsection (2) of Section 5 shall read as follows:
'(c) In the case of the retirement of any member prior to his attainment of the age of 62 years, the service allowance above described shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 years. The aforesaid reduction shall not apply in calculating the service allowance for
2814
JOURNAL OF THE HOUSE,
disability retirement or death. No funds shall be expended or paid as provided in this subsection until such time as the provisions of an amendatory Act approved March 6, 1962 (Ga. Laws 1962, p. 666), as amended by a subsequent amendatory Act approved April 17, 1963 (Ga. Laws 1963, p. 656), relative to providing a minimum floor of $5.00 for each year of service up to forty years for those members of the teachers' retirement system of Georgia who retired on or before July 1, 1961, has been implemented to at least such $5.00 amount.'"
By renumbering Sections 4, 5, 6, 7, 8, 9 and 10 as Sections 5, 6, 7, 8, 9, 10 and 11, respectively.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 993. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic of Highways", so as to provide that local authorities in their respective jurisdictions shall conform their traffic-control devices to specifications contained in the Georgia Manual on Uniform Traffic Control devices for streets and highways as it now exists or may hereafter be revised; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act ap proved March 17, 1959 (Ga. Laws 1959, p. 303), an Act approved April 5, 1961 (Ga. Laws 1961, p. 438), an Act approved February 18, 1963 (Ga. Laws 1963, p. 26), an Act approved March 10, 1964 (Ga. Laws 1964, p. 294), and an Act approved March 27, 1965 (Ga. Laws 1965, p. 322), so as to provide that local authorities in their respective jurisdictions shall conform their traffic-control devices to specifications contained in the Georgia Manual on Uniform Traffic Control Devices for Streets and Highways as it now exists or may hereafter be revised; to provide that the laws governing speed limits on the National System of Inter state and Defense Highways shall apply to those highways and roads
TUESDAY, MARCH 5, 1968
2815
defined in an Act approved March 7, 1955 (Ga. Laws 1955, p. 559); to provide that where the total gross combined weight of trucks or trucktractors and trailers and load in pounds is less than 10,000 pounds, the maximum speed shall not exceed 60 miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times 50 miles per hour maximum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act entitled the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1959 (Ga. Laws 1959, p. 303), an Act approved April 5, 1961 (Ga. Laws 1961, p. 438), an Act approved February 18, 1963 (Ga. Laws 1963, p. 26), an Act ap proved March 10, 1964 (Ga. Laws 1964, p. 294), and an Act approved March 27, 1965 (Ga. Laws 1965, p. 322), is hereby amended by striking Section 33 in its entirety and substituting in lieu thereof a new Section 33, to read as follows:
"Section 33. Local authorities in their respective jurisdictions shall place and maintain such traffic-control devices upon streets and roads under their jurisdiction as conform to the specifications contained in the 'Georgia Manual on Uniform Traffic Control De vices for Streets and Highways', as the same now exists or may hereafter be revised."
SECTION 2
Said Act is further amended by adding to the end of Subparagraph 3 of Subsection (b) of Section 48, found in Article V, the following:
"The provisions of this Subparagraph shall apply to those high ways and roads defined in an Act approved March 7, 1955 (Ga. Laws 1955, p. 559).",
so that when so amended, Subparagraph 3 of Subsection (b) of Section 48, found in Article V, shall read as follows:
"3. On all highways, which comprise a part of the National System of Interstate and Defense Highways and having not less than 4 traffic lanes, and on State Highway No. 316, the minimum speed shall be 40 miles per hour and the maximum speed shall be 70 miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times the minimum speed shall be 40 miles per hour and the maximum speed shall be 65 miles per hour. The provisions of this Subparagraph shall apply to those highways and roads defined in an Act approved March 7, 1955 (Ga. Laws 1955, p. 559)."
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JOURNAL OF THE HOUSE,
SECTION 3
Said Act is further amended by striking Subparagraph 4 of Sub section (b) of Section 48, found in Article V, in its entirety and sub stituting in lieu thereof a new Subparagraph 4 to read as follows:
"4. Where the total gross combined weight of trucks or trucktractors and trailers and loads in pounds is less than 10,000 pounds, the maximum speed shall not exceed 60 miles per hour; maximum from one-half hour before sunrise until one-half hour after sunset, At other times 50 miles per hour maximum; where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is between 10,000 and 16,000 pounds, the maximum speed shall not exceed 50 miles per hour; where the total gross combined weight of trucks or truck-tractors and trailers and load exceeds 16,000 pounds, the maximum speed shall not exceed 45 miles per hour. This Subparagraph shall not apply to busses: Provided, that no school bus while transporting school children shall exceed a speed of 40 miles per hour: Provided, however, that busses owned or operated by a street railroad or other company engaged in the operation of an urban transit system which are used for the trans portation of school children may be operated at speeds in excess of 40 miles per hour provided such speeds are within the maximum speed limits of the municipalities in which such busses are operated."
SECTION 4
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read and adopted:
Mr. Vaughn of the 117th District moves to amend the Committee substitute to HB 993 as follows:
By inserting a new section just after Section 3 to be known as Section 3A, and to read as follows:
SECTION 3A
Said Act is further amended by striking Subparagraph 5 of Sub section (b) of Section 48, found in Article V, in its entirety and sub stituting in lieu thereof a new Subparagraph 5 to read as follows:
"5. On all highways which comprise a part of the National System of Interstate and Defense Highways, and having not less than four traffic lanes, the maximum speed for trucks or trucktractors and trailers, regardless of weight, shall not exceed 60 miles per hour. However, on all other highways having not less than four traffic lanes, the maximum speed for trucks or truck-tractors and trailers, regardless of weight, shall not exceed 60 miles per hour; maximum from one-half hour before sunrise until one-half hour
TUESDAY, MARCH 5, 1968
2817
after sunset, at other times, 50 miles per hour maximum. This subparagraph shall not apply to busses: Provided, that no school bus while transporting school children shall exceed a speed of 40 miles per hour: Provided, however, that busses owned or operated by a street railroad or other company engaged in the operation of an urban transit system which are used for the transportation of school children may be operated at speeds in excess of 40 miles per hour provided such speeds are within the maximum speed limits of the municipalities in which such busses are operated."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 1420. By Messrs. Dean of the 20th, Lowrey, Graves and Starnes of the 13th and Sims of the 131st:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning com missions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Barber 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
Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Conner
2818
Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dorminy Douglas Edwards Egan Fallin Farrar Floyd Funk Gary Gay Gaynor Gignilliat Graves Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Henderson Higginbotham Holder Howard Howell Hutchinson Johnson, B. Joiner
JOURNAL OP THE HOUSE,
Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Moore, J. H. Moreland Murphy Nessmith Newton Northcutt Odom Oglesby Pafford Palmer Paris Parker, H. W. Parrish Phillips
Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Sullivan Sweat Thompson, R. Townsend Tucker Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative was Mr. Whaley.
Those not voting were Messrs.:
Ballard Barfield Bennett Collins, M.
Colwell Cook Dollar Doster
Farmer Fleming Grahl Grier
Gunter Harris, J. F.
Harrison Hill Hood
Jenkins Johnson, A. S. Kirksey Lambert Levitas
TUESDAY, MARCH 5, 1968
Magoon Mason McCracken Moate Moore, Don C. Mullinax Nash Nimmer Otwell Parker, C. A.
2819
Peterson Pickard Rainey Shields Stalnaker Steis Thompson, A. W. Threadgill Vaughan, D. N. Mr. Speaker
On the passage of the Bill, the ayes were 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed
HR 396-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A RESOLUTION
Proposing a constitutional amendment to create a new State Board of Corrections; to provide that said Board of Corrections shall be a successor to the existing State Board of Corrections; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section V, Paragraph I of the Constitution is hereby amended by striking said Paragraph I in its entirety and substituting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. State Board of Corrections; how composed; Director. There is hereby created a State Board of Corrections in lieu of and as a successor to the State Board of Corrections existing at the time of the effective date of this paragraph. The Board shall be composed of one member from each Congressional District in the State and five additional members from the State at large. The State Board of Corrections shall be responsible for the administra tion and control of the State penal system and the inmates thereof, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided by law. The initial members of the Board from the First, Third, Sixth, Eighth and Tenth Congressional Districts shall consist of those members of the existing State Board of Corrections in office at the time of the effective date of this paragraph, and such members shall serve for the terms theretofore appointed; the initial members of the Board from the Fifth, Fourth, Second, Seventh and Ninth Congressional Districts shall be ap-
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JOURNAL OF THE HOUSE,
pointed for terms ending November 27, 1969, 1970, 1971, 1972 and 1973, respectively. Thereafter, all succeeding appointments of such members shall be made for terms of seven years from the expiration of previous terms. The members of the Board from the State at large shall be appointed to serve at the pleasure of the Governor. Appointments to fill vacancies shall be made for the unexpired term. All appointments shall be made by the Governor with the advice and consent of the Senate. Any appointment made while the Senate is in regular session, except appointments made during the last ten days of a regular session, shall be presented to the Senate for confirmation during the session. All appointments made during the last ten days of a regular session and when the Senate is not in regular session shall be presented to the Senate for confirmation at the next regular session. All appointments made during the last ten days of regular sessions and when the Senate is not in regular session shall be effective until confirmation or rejection by the Senate as herein provided. All members of the Board shall hold office until their successors are appointed and qualified.
The Board shall elect a Director subject to the advice and con sent of the Governor, who shall be the executive officer and the administrative head of the State Board of Corrections. The members of the Board shall receive such compensation and expenses as may be provided by law. The Director shall receive such compensation as fixed by the Board and approved by the Budget Director and ex penses as provided by law for State employees."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create a new State Board of Corrections, and to provide
NO ( ) that said Board of Corrections shall be a successor to the existing State Board of Corrections?"
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.
TUESDAY, MARCH 5, 1968
2821
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create a new State Board of Corrections; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section V, Paragraph I of the Constitution, relating to the State Board of Corrections, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I, to read as follows:
SECTION V
"Paragraph I. State Board of Corrections. There is hereby created a State Board of Corrections which shall consist of fifteen members and shall be a successor to the State Board of Corrections existing at the time of the ratification of this amendment. The State Board of Corrections shall have such powers, authority, duties and shall receive such compensation and expenses as heretofore pro vided by law or as may hereafter be provided for by the General Assembly. There shall be ten Correction Board Districts, as here inafter provided, with one member from each district. The member of the Board from each Correction Board District shall be appointed by the Governor from a list of three names submitted to him by the members of the House of Representatives and Senate from the House Districts and Senatorial Districts embraced or partly em braced within such Correction Board District, meeting in caucus. The First Correction Board District through the Tenth Correction District shall be composed of all the counties that are in the First Congressional District through the Tenth Congressional District respectively, at the time of the ratification of this amendment.
"The members of the Board existing at the time of the ratifica tion of this amendment shall continue to serve until the members of the new Board herein created are appointed as hereinafter provided. The legislative delegation from the Tenth Correction Board District shall meet in caucus in December, 1968 and shall submit three names
to the Governor, who shall appoint from the names submitted, a Board member from the Tenth Correction Board District who shall serve for a period of four years beginning January 1, 1969 and
succeed the present Board member from the Tenth Congressional District. The respective legislative delegations from the First and Third Correction Board Districts shall meet in caucus in December, 1969 and each such delegation shall submit three names to the Gov ernor, who shall appoint from the names submitted a Board member from each Correction Board District, who shall serve for a period of four years beginning January 1, 1970 and succeed the present members of the Board from the First and Third Congressional Dis-
2822
JOURNAL OF THE HOUSE,
tricts. The respective legislative delegations from the Second, Fourth and Sixth Correction Board Districts shall meet in caucus in Decem ber, 1970 and each such delegation shall submit three names to the Governor who shall appoint from the names submitted a Board member from each Correction Board District, who shall serve for a period of four years beginning January 1, 1971 and succeed the present Board members from the Second, Fourth and Sixth Con gressional Districts. The respective legislative delegations from the Fifth and Ninth Correction Board Districts shall meet in caucus in December, 1973 and each such delegation shall submit three
names to the Governor, who shall appoint from the names submitted a Board member from each Correction Board District, who shall
serve for a period of four years beginning January 1, 1974 and succeed the present Board members from the Fifth and Ninth
Congressional Districts. The respective legislative delegations from the Seventh and Eighth Correction Board Districts shall meet in
caucus in December, 1974 and each such delegation shall submit three names to the Governor who shall appoint from the names submitted a Board member from each Correction Board District, who shall serve for a period of four years beginning January 1, 1975 and succeed the present Board member from the Seventh and Eighth Congressional Districts. Thereafter, all Board members
representing Correction Board Districts shall be appointed in the same manner for four year terms except those appointed to fill vacancies as hereinafter provided. At least thirty days prior to the expiration of the term of office of any such Board member, the legislative delegation from the district represented by such Board member shall meet and submit three names to the Governor, who shall appoint a Board member for the next term of office. All members of the Board appointed under the provisions of this para graph shall remain in office until the expiration of their terms or until removed as hereinafter provided.
"The Governor may remove a Board member, who represents a Correction Board District, for inefficiency, neglect of duty, or mis conduct in office, after first delivering to him and the legislative delegation from the district he represents, a copy of the charges. Such Board member shall be afforded an opportunity to be publicly heard in person or by counsel in his own defense within ten days after being served with a notice of removal. If such Board member shall be removed, the Governor shall file in the office of the Secre tary of State a complete statement of all charges made against such
Board member and his findings thereon, together with a complete record of the proceedings. Any Board member so removed shall
have the right to appeal such action to the legislative delegation from the district which he represents for a hearing at which he may be represented by counsel of his choice. Notice of such appeal shall be given to the Governor and the aforementioned legislative delegation within ten days following removal by the Governor. The legislative delegation, by majority vote, may uphold, modify, or
reverse the action of the Governor. Any vacancy on the Board created in this manner or in any other manner shall be filled for the unexpired term in the same manner as Board members chosen upon expiration of their terms of office.
TUESDAY, MARCH 5, 1968
2823
"In addition to the members of the Board who represent Cor
rection Board Districts, the Governor shall appoint five members of the Board from the State at large. Such member shall serve for a period concurrent with the term of office of the Governor who appointed them and be subject to removal at the pleasure of said Governor. Provided, however, under no circumstances shall there be more than two members of the Board who reside in one Con
gressional District. All appointments which the Governor makes
pursuant to the provisions of this paragraph shall be subject to confirmation by the Senate.
"The State Board of Corrections shall be responsible for the administration and control of the State Penal System and the in mates thereof, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided 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:
"YES ( ) Shall the Constitution be amended so as to proNO ( ) vide for the creation of a new State Board of
Corrections?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
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Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dickinson Dillon Dodson Dorminy Douglas Edwards Fallin Farmer Farrar Funk Gary Gay Gaynor Gignilliat
Grahl Graves Grier Gunter Hadaway Hale Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Holder Hood Howard Howell Hutchinson Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Moore, Don C. Moore, J. H. Murphy Nash Nes smith Nimmer
Northcutt Oglesby Otwell Pafford Paris Parker, C. A. Parker, H. W. Phillips Ragland Rainey Reaves Richardson Roach Ross 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 Thompson, A. W. Thompson, R. Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
TUESDAY, MARCH 5, 1968
2825
Those voting in the negative were Messrs.:
Blalock Branch Lee, W. S. Leonard
Mixon Odom Poss Potts
Rowland Wamble
Those not voting were Messrs.:
Barfield Bennett Clarke Cooper, B. Davis Dixon Dollar Doster Egan Fleming Floyd Hamilton
Harrison Hill Jenkins Johnson, A. S. Kirksey Lambert Levitas Magoon Mason Maxwell Moate Moreland
Mullinax Newton Palmer Parrish Peterson Pickard Rush Threadgill Wiggins Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 161, nays 10.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.
Mr. Mixon of the 81st stated that he had inadvertantly voted "nay" but intended to vote "aye" on HR 396-912, by substitute.
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 881. By Messrs. Paris of the 23rd, Wamble of the 90th, Sims of the 131st, Sherman of the 105th, Harris of the 14th and others: A Bill to be entitled an Act to establish a violation point system for the assessment of points for all of the various moving traffic violations occurring within or without the State of Georgia which are committed by holders of Georgia driver's licenses; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to establish a violation point system for the assessment of points for all of the various moving traffic violations
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JOURNAL OF THE HOUSE,
occurring within or without the State of Georgia which are committed by holders of Georgia driver's licenses; to establish points for all vio lations; to provide for pleas of nolo contendere; to provide for the suspension of driver's licenses for persons accumulating a certain vio lation point count; to provide for the reduction of the violation point count upon the reinstatement of licenses; to provide notice to licensees
upon the accumulation of a certain violation point count; to provide the requirements and procedures for the reinstatement of the driver's licenses after suspension; to provide for a hearing for persons whose license has been suspended; to require the reporting of the final dis position of all moving traffic violation; to provide that points shall be removed from the record of the licensee under certain circumstances; to amend an Act relating to the giving of security by owners and oper
ators of certain motor vehicles, approved February 21, 1951 (Ga. Laws 1951, p. 565), as amended, so as to delete therefrom the requirement that a driver's license be suspended upon the third violation of a hazardous motor vehicle law within twelve (12) months and the require ment that the license be suspended upon the accumulation of certain offenses; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Director of the Department of Public Safety shall establish a violation point system whereby points shall be assessed for all of the various moving traffic violations occurring within or without the State of Georgia which are committed by holders of Georgia driver's licenses. The term "violation" as herein used shall mean a conviction, plea of guilty, forfeiture of bond, or plea of nolo contendere only as is provided for in Section 2, to any charge involving a moving traffic violation.
Section 2. The points to be assessed for each offense shall not exceed the following schedule:
Exceeding the speed limit by 25 miles per hour or more-- 6 points.
Exceeding the speed limit by more than 10 miles per hour, but less than 25 miles per hour--3 points.
Exceeding the speed limit by not more than 10 miles per hour --2 points.
Unlawful passing of a school bus--6 points.
Any moving violation resulting in an accident--4 points.
Improper passing on hill or curve--4 points. Disobedience of any traffic control device--3 points. Disobedience of any traffic officer--3 points. All other moving traffic violations--2 points.
TUESDAY, MARCH 5, 1968
2827
Upon the second or subsequent plea of nolo contenders to any moving traffic violation, the driver shall receive and assessment of the violation points for such offense as provided for above.
Section 3. The Director shall suspend the driver's license for a period of not more than one year of any person who has accumulated a violation point count of 12 or more points in any consecutive 18 month period. Upon the reinstatement of the license, the violation point count of such person shall be reduced to six. If no additional violation points are accumulated by such person within the 12 months subsequent to the reinstatment, the violation point count shall be reduced to zero.
Section 4. The Director shall notify any licensee when his record
reveals an accumulation of a violation point count which equals or ex ceeds one-half of the points necessary to require a suspension of his driver's license under the provisions of this Act. Said notice shall be in such form as the Director shall determine, but shall give ample warning to the licensee that continued violations might result in the suspension of his driver's license. This Section shall not be construed to require the sending and receipt of such notice as a condition precedent to the sus pension of the driver's license.
Section 5. (a) The Director may after the expiration of 30 days from the effective date of the suspension (60 days in those cases in volving a second or subsequent suspension) reinstate the license of an
operator whose license has been suspended under the above provisions if the operator shall qualify as a self-insurer or produce evidence for the Director that he has obtained a policy of liability insurance in ac cordance with the provisions of Section 7A of an Act approved February 21, 1951 (Ga. Laws 1951, p. 565), as amended, relating to the giving of security by owners and operators of certain motor vehicles and the revocation and suspension of certain driver's licenses.
(b) Any person whose license has been suspended under the pro visions of this Act shall be entitled to a hearing as provided in Section
2 of an Act approved February 21, 1951 (Ga. Laws 1951, p. 565) as amended.
Section 6. (a) Every judge of a court shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited with or presented to said court or its traffic-violations bureau, and shall keep a record of every official action by said court or its traffic-violations bureau in reference thereto, including but not limited to a record of every conviction, forfeiture of bond, or plea entered to every said traffic complaint or citation deposited with or presented to said court or traffic-violations bureau.
(b) Within 30 days of the last day of the month in which a con viction occurred, a plea of guilty or nolo contendere was entered, or bail was forfeited to a charge of violating any law or ordinance regulating the operation of vehicles upon the public highways and streets, every judge or clerk of the court in which such conviction occurred, plea was entered or bail was forfeited shall prepare and immediately forward to the Department of Public Safety an abstract of the record of said court
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JOURNAL OF THE HOUSE,
covering such case which abstract must be certified by the person so required to prepare the same to be true and correct. A report need not be made of any conviction involving the illegal parking or standing of a vehicle.
(c) Said abstract shall be made upon a form furnished by the De partment and shall include the name and address of the party charged, the number, if any, of his operator's or chauffeur's license, the registra tion number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail forfeited, the sentence of the court and the amount of the fine or forfeiture, as the case may be.
(d) The Director shall pay to the clerk or such other person furnish ing the report to the Department the sum of twenty-five cents for each report of a violation.
Section 7. The provisions of this Act as they pertain to the author ity of the Director to suspend driver's licenses are cumulative and sup plemental to any other powers, duties and responsibilities of the Director in relation thereto.
Section 8. An Act relating to the giving of security by owners and operators of certain motor vehicles and the revocation and suspension of certain driver's licenses approved February 21, 1951 (Ga. Laws 1951, p. 565), as amended, is hereby amended by striking from the first para graph of Section 7A the following:
"Upon third offense of violation of hazardous Motor Vehicle Laws of the State of Georgia, other than those offenses specified herein, within a period of twelve (12) months, which are subse
quently disposed of as set forth in the first paragraph of this sec tion; (7)".
Section 9. In the event the Governor shall issue an executive order pursuant to an Act approved April 9, 1963 (Ga. Laws 1963, p. 461) suspending the power of a county or municipality from enforcing speed limits on State and Federal Highways lying within their jurisdictions, any points accumulated under the provisions of this Act for violations occurring in such county or municipality during the period of said suspension and at all times prior thereto shall be removed from the record of the licensee.
Section 10. An Act relating to the giving of security by owners and operators of certain motor vehicles and the revocation and suspen sion of certain driver's licenses approved February 21, 1951 (Ga. Laws 1951, p. 565), as amended, is hereby amended by repealing in its entirety Section 7B.
Section 11. The provisions of this Act shall become effective on January 1, 1969.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.
TUESDAY, MARCH 5, 1968
2829
Mr. Leggett of the 21st moved that HB 881 be tabled.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alexander Ballard Battle Black Blalock Bond Bostick Bowen Branch Brown, B. D. Brown, C. Busbee Cheeks Collins, J. P. Collins, M. Cooper, J. R. Cox Dailey Daugherty DeLong
Dent Dorminy Edwards Farmer Fleming Hadaway Hall Harrington Harris, R. W. Harrison Joiner Jordan, W. H. Kirksey Laite Land Leggett Leonard Lovell Magoon Mauldin
McDaniell Mixon Nessmith Oglesby Pafford Parrish Pickard Poss Rainey Reaves Richardson Roach Rowland Russell Shields Smith, V. T. Sullivan Tye Underwood
Those voting in the negative were Messrs.:
Adams Anderson Barber Berry, C. E. Berry, J. K. Brantley, H. H. Brantley, H. L. Bray Buck Carnes Gates Cato Cole Conner Cook Crowe, William Dillon Dixon Douglas Egan Tallin Funk Gary
Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hamilton Hargrett Harris, J. F. Harris, J. R. Henderson Hood Hutchinson Johnson, B. Jones, C. M. Jones, M. Knapp Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas
Longino Lowrey Malone Mason Matthews, C. Maxwell McClatchey Merritt Miller Moore, J. H. Murphy Newton Northcutt Palmer Paris Parker, C. A. Potts Ross Savage Scarlett Sherman Sims Smith, G. W.
2830
JOURNAL OF THE HOUSE,
Smith, W. L. Snow Starnes Steis Sweat Thompson, A. W. Thompson, R.
Townsend Tucker Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward
Ware Wells Whaley Williams Wilson, J. M. Winkles Wood
Those not voting were Messrs.:
Barfield Bennett Caldwell Chandler Clarke Colwell Cooper, B. Crowe, W. J. Davis Dean Dickinson Dodson Dollar Doster Parrar Floyd Hale Higginbotham Hill
Holder Howard Howell Jenkins Johnson, A. S. Jordan, G. Kaylor Lambert Lambros Lewis Matthews, D. R. McCracken Melton Moate Moore, Don C. Moreland Mullinax Nash Nimmer
Odom
Otwell Parker, H. W.
Peterson Phillips Ragland Rush Shanahan Shuman Simmons Smith, J. R. Stalnaker Threadgill
Turner Westlake Wiggins Wilson, R. W. Mr. Speaker
On the motion, the ayes were 59, nays 90.
The motion was lost.
The following amendments were read and adopted:
Mr. Brantley of the 63rd moves to amend HB 881, (Committee sub stitute), Section 3, by deleting the number 12 in the second line and in serting the figure 18.
Messrs. Berry and Savage of the 113th moves to amend HB 881, (Committee substitute) by:
adding a new paragraph at the end of Section 3, as follows:
"The violation point count of any licensee will be reduced six (6) points for every six (6) months during which the licensee has not received any additional points."
TUESDAY, MARCH 5, 1968
2831
Mr. Cooper of the 16th moves to amend HB 881, (Committee sub stitute) line one (1) of Section 6 after the word court the following:
, except judges of juvenile courts who exercise jurisdiction over traf fic cases.
Mr. Longino of the 127th moves to amend HB 881, (Committee substitute) as follows:
Section 2 by striking the words
"Exceeding the speed limit by not more than 10 miles per hour, 2 points"
and substituting therefor
"exceeding the speed limit by not more than 10 miles per hour, except in a school zone, no points, but if in a school zone, 2 points"
An amendment, offered by Mr. Harris of the 85th, was read and lost.
An amendment, offered by Mr. Magoon of the 19th, was read and lost.
An amendment, offered by Mr. Alexander of the 133rd, was read and ruled out of order.
The following amendment was read and adopted:
Mr. Vaughan of the 14th moves to amend committee substitute to HB 881 as follows:
By striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. In all cases where the Governor issues an executive order pursuant to an Act approved April 9, 1963 (Ga. Laws 1963, p. 461) suspending the power of a county or municipality from enforc ing speed limits within their jurisdictions as provided in said Act, any points accumulated under the provisions of this Act for viola tions accurring in such county or municipality during the period of said suspension and at all times prior thereto shall be removed from the record of the licensee. Provided, however, the provisions of this section shall not apply to any points accumulated as a result of any arrest made by any member of the Department of Public Safety or by any person enforcing traffic regulations under the supervision of said Department."
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JOURNAL OF THE HOUSE,
The following amendment was read:
Messrs. Northcutt of the 35th and Lovell of the 6th move to amend HB 881 (Committee substitute) as follows:
Under Section 5 Line 1 -- Strike 30 days and replace with 3 days and Line 2 strike 60 days and replace with 30 days.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alexander Ballard Black Branch Bray Brown, B. D. Cato Cheeks Collins, M. Cooper, B. Cox Dailey DeLong Dent
Dorminy Edwards Farmer Fleming Gary Hadaway Hall Harrison Howard Johnson, B. Jones, C. M. Jordan, W. H. Lee, W. J. (Bill) Leggett
Those voting in the negative were Messrs.:
Adams Anderson Barber Battle Bennett Berry, C. E. Berry, J. K. Blalock Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. Buck Busbee Carnes Gates Cole Collins, J. F.
Conner Cook Cooper, J. R. Crowe, William Davis Dean Dillon Doster Douglas Egan Fallin Funk Gay Gaynor Gignilliat Grahl Graves Grier Gunter
Leonard Lovell Northcutt Pafford Poss Reaves Rowland Shields Shuman Smith, J. R. Steis Tye Underwood Whaley
Hamilton Hargrett Harris, J. F. Harris, J. E. Higginbotham Howell Hutchinson Jones, M. Knapp Laite Lane, Dick Lane, W. J. Lee, W. S. Levitas Lewis Longino Lowrey Malone Matthews, C.
Matthews, D. R.
Mauldin Maxwell McClatchey Merritt Miller Mixon Moore, Don C. Murphy Nessmith Nimmer Odom Oglesby Otwell Palmer Paris Parker, C. A.
TUESDAY, MARCH 5, 1968
Parrish Peterson Potts Ragland Rainey Ross Rush Russell Savage Scarlett Sherman Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker
2833
Starnes Sullivan Sweat Thompson, R. Townsend Tucker Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Williams Winkles Wood
Those not voting were Messrs.:
Barfield Bond Caldwell Chandler Clarke Colwell Crowe, W. J. Daugherty Dickinson Dixon Dodson Dollar Farrar Floyd Hale Harrington Harris, R. W. Henderson Hill
Holder Hood Jenkins Johnson, A. S.
Joiner Jordan, G. Kaylor Kirksey Lambert Lambros Land Magoon Mason McCracken McDaniell Melton Moate Moore, J. H. Moreland
Mullinax Nash Newton Parker, H. W. Phillips Pickard Richardson Roach Shanahan Simmons Thompson, A. W. Threadgill Turner Wiggins Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the amendment, the ayes were 42, nays 108.
The amendment was lost.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
2834
JOURNAL OF THE HOUSE,
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 Anderson, Ballard Barber Berry, C. E. Berry, J. K. Blalock Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Carnes Gates Clarke Cole Conner Cook Cooper, J. R. Crowe, William Daugherty Davis Dean Dickinson Dillon Dixon Egan Fallin Farmer Floyd Funk Gary Gaynor Gignilliat Grahl
Graves Grier Gunter Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hood Howell Hutchinson Johnson, B. Jones, C. M. Jones, M. Knapp Lambros Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Malone Mason Matthews, C. Matthews, D. R. Maxwell McCracken Merritt Miller Moore, Don C. Moore, J. H. Murphy Nash Nimmer Northcutt Oglesby
Palmer Paris Parker, C. A. Peterson Pickard Potts Rainey Savage Scarlett Sherman Shields Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sweat Thompson, A. W. Thompson, R. Townsend Tucker Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Winkles Wood
Those voting in the negative were Messrs.:
Battle Black Bostick Bo wen Branch Busbee Cato
Cheeks Collins, J. F. Collins, M. Cox Dailey DeLong Dent
Dorminy Doster Douglas Edwards Fleming Hadaway Hall
Harrington Harrison Howard Joiner Jordan, W. H. Laite Leggett Leonard Lovell
TUESDAY, MARCH 5, 1968
2835
Mauldin Mixon Nessmith Odom Pafford Parrish Poss Reaves Roach
Rowland Rush Russell Stalnaker Sullivan Tye Underwood Wamble Whaley
Those not voting were Messrs.:
Barfield Bennett Caldwell Chandler Colwell Cooper, B. Crowe, W. J. Dodson Dollar Farrar Gay Hale Hargrett Henderson Hill
Holder Jenkins Johnson, A. S. Jordan, G. Kaylor Kirksey Lambert Land Lane, Dick Magoon McClatchey McDaniell Melton Moate Moreland
Mullinax Newton Otwell Parker, H. W. Phillips Ragland Richardson Ross Shanahan Shuman Simmons Threadgill Turner Wilson, R. W. Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 112, nays 48.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Leggett of the 21st served notice that at the proper time, he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 881, 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.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, March 6, 1968.
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. Robert T. Baggott, Jr., Pastor First Baptist Church, Newnan, Georgia:
Lord, the members of this House are tired. Tired of long days of ex haustive work; tired of the pressures of meeting deadlines; tired of difficult decisions that affect so many; tired of lonely hotel rooms, cafeteria lines and being away from families they love.
Give them poise and peace of mind. Give them strength for tired bodies, jaded spirits and frayed minds.
Make this a good day with much done and done well. Help them.
Guide them and use them.
In the Name of the Father, Son and Holy Spirit. 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.
WEDNESDAY, MARCH 6, 1968
2837
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, Wednesday, March 6, 1968, and submits the following:
HB 1549. Municipal Corporations, tax on Premiums. HB 1612. Buyers of goods, security interest. HB 1655. Federal Prisoners, Confined State Institutions. SB 30. Trial Judges and Solicitors' Retirement Fund. SB 31. Superior Court Judges' Emeritus. SB 117. Georgia Insurance Code, amend. SR 154. Tobacco, yield and acreage. SB 154. Sporting and entertainment events. SR 155. Tobacco, grade concealed. SR 156. Tobacco, grader. SR 178. Uniform Consumer Credit Code, committee. SB 180. Court Reporters, salaries by counties. SB 189. State Revenue Commissioner, compensation. SB 205. Model glue, selling and possessing. SR 213. Sale of milk, regulate by General Assembly. SB 230. Georgia Business Corporation Act, create. SB 232. Flue-cured leaf tobacco, relating to sale. SB 246. Court Clerks, retirement benefits. SB 247. Minimum Foundation Program, allotment of teachers. SB 258. License tags, veterans. SB 260. Discharge certificates, recording fees. SB 314. Sales Tax, saw dust and wood shavings. SB 316. State Examining Boards, class of applicants.
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JOURNAL OF THE HOUSE,
SB 322. General Assembly members, license plates. SB 323. Board of Polygraph Examiners, create. SB 324. Jurors of Superior Court, impaneling alternate. SB 325. Watercraft, owner liable for any tort. SB 353. Metro Atlanta Rapid Transit. SB 359. Elections, political activities, campaign practice.
All Compensation Resolutions.
All Local Contested Bills.
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of th 79th, Vice-Chairman.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 1656. By Messrs. Farmer of the 29th, Levitas of the 118th, Lee of the 79th, Bray of the 43rd and Cato of the 89th:
A Bill to be entitled an Act to create a Bureau of Criminal Statistics; and for other purposes.
Referred to the Committee on Judiciary.
HB 1657. By Mr. Gunter of the llth:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary of Habersham County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1658. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to require all indictments and accusations for any criminal offense in any Court of Record in this State to be either typed or printed, included names of witnesses for the State, ex clusive of signatures wherever they are required; to prohibit altera tions, deletions and interlineations; and for other purposes.
Referred to the Committee on Special Judiciary.
WEDNESDAY, MARCH 6, 1968
2839
HB 1659. By Messrs. Cook of the 123rd, Egan of the 140th and Walling of the 118th:
A Bill to be entitled an Act to amend the Income Tax Act of 1931. relating to allowable deductions from gross income in computing net income, so as to allow as a deduction amounts paid by self-employed individuals or owner-employees to retirement programs pursuant to a plan adopted by such individuals and approved by the Internal Revenue Service; and for other purposes.
Referred to the Committee on Ways and Means.
By unanimous consent, the following Bills and Resolutions of the Senate were read the second time:
SB 225. By Senators Coggin of the 35th and Rowan of the 8th:
A Bill to be entitled an Act to provide that any person who keeps, maintains, employs or carries on a game for the hazarding of money or other thing of value, or permits the paying for money or keeps or employs a device or equipment for the hazarding of money shall be guilty of a felony; and for other purposes.
SB 304. By Senator Conway of the 41st:
A Bill to be entitled an Act to amend Code Chapter 34-15, so as to provide for an automatic recount of the votes cast when a candidate is nominated or elected by a number of votes cast for such office; and for other purposes.
SB 329. By Senators Pincher of the 54th, Noble of the 19th, McGill of the 24th and others:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Director of the Department of State Parks, so as to change the compensation of the Director; and for other purposes.
SB 339. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Health Code", so as to provide for the protection of the public health by prohibiting the discharge of sewage on the surface of the ground or into the ground; and for other purposes.
SB 384. By Senator Adams of the 26th:
A Bill to be entitled an Act to provide that the aggregate total of all indebtedness which may be incurred by the State of Georgia during any fiscal year shall not exceed 15% of the total revenue received, less
2840
JOURNAL OP THE HOUSE,
refunds, by the State in the immediately preceding fiscal year; and for other purposes.
SB 413. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend Code Section 88-2201, relating to the Hospital Advisory Council, so as to delete from said Section the reference in Indigent Care; and for other purposes.
SR 63. By Senators Johnson of the 38th, Wesberry of the 37th and Andrews of the 49th:
A Resolution to change the name and designation of the office of solicitor-general to district attorney; and for other purposes.
SR 245. By Senator Kidd of the 25th:
A Resolution requesting the State Department of Public Health to transfer certain real property, buildings and other facilities to the State Properties Control Commission; and for other purposes.
SR 253. By Senators Hensley of the 33rd, Moore of the 31st, Knight of the 16th, and Smith of the 18th:
A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
SR 183. By Senators Hall of the 52nd and Plunkett of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Regents of the University System of Georgia to provide grants or scholarships to students attending colleges or universities which are not branches of the University System of Georgia; and for other purposes.
SR 227. By Senators Hall of the 52nd, Broun of the 46th, Young of the 13th, and Plunkett of the 30th:
A Resolution providing for the Teacher of the Year Book; and for other purposes.
SR 250. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to create a special court in Houston County; and for other purposes.
WEDNESDAY, MARCH 6, 1968
2841
SR 261. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution so as to create the Houston County Building Commission; to provide for the powers, authority, limitations, funds, purposes and procedures con nected with said commission; and for other purposes.
Mr. Barber of the 24th, Chairman of the Committee on Education, sub mitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 227. Do Pass. SB 385. Do Pass as Amended.
SB 41. Do Pass by Substitute. Respectfully submitted,
Barber of the 24th, Chairman.
Mr. Smith of the 3rd, Chairman of the Committee on Hygiene and Sanita tion, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
SB 413. Do Pass.
HB 216. Do Pass by Substitute. SR 245. Do Pass. SB 339. Do Pass.
Respectfully submitted,
Smith of the 3rd, Chairman.
2842
JOURNAL OF THE HOUSE,
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 Reso lution of the House and has instructed me as Chairman to report the same back to the House with the following recommendation:
HR 776. Do Pass.
Respectfully submitted, Pickard of the 112th, 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 and Resolutions of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 76. Do Pass.
SB 225. SB 393. SR 63.
Do Pass. Do Pass by Substitute. Do Pass.
Respectfully submitted, Harris of the 118th, 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 Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB 1649. Do Pass by Substitute.
SB 374. Do Pass by Substitute.
SB 236. Do Pass as Amended. SB 362. Do Pass. SR 209. Do Pass.
WEDNESDAY, MARCH 6, 1968
2843
HB 1458. Do Pass as Amended. HB 1461. Do Pass by Substitute. HB 1611. Do Pass as Amended. HB 1646. Do Pass. SB 407. Do Pass. HB 1620. Do Pass by Substitute. SB 392. Do Pass by Substitute. SB 406. Do Pass by Substitute.
Respectfully submitted, Clarke of the 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 329. Do Pass.
Respectfully submitted, Dorminy of the 72nd, Chairman.
Mr. Busbee of the 79th, Vice-Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tion of the Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
SR 110. Do Pass.
Respectfully submitted, Busbee of the 79th, Vice-Chairman.
Mr. Steis of the 100th, Chairman of the t Committee on Special Judiciary, submitted the following report:
2844 Mr. Speaker:
JOURNAL OF THE HOUSE,
Your Committee on Special Judiciary has had under consideration the fol lowing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 717-1522. Do Pass.
HR 718-1522. Do Pass.
Respectfully submitted,
Steis of the 100th,
Chairman.
Mr. Chandler of the 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 con sideration the following Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 834. Do Pass.
SB 369. Do Pass.
SB 408. Do Pass.
SB 409. Do Pass as Amended.
Respectfully submitted,
Chandler of the 47th,
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 Bills and Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 250. Do Pass by Substitute. SB 251. Do Pass by Substitute. SB 252. Do Pass as Amended.
WEDNESDAY, MARCH 6, 1968
2845
SB 304. Do Not Pass. SR 149. Do Pass by Substitute.
Respectfully submitted, McCracken of the 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 Bills of the House, to-wit:
HB 581. By Mr. Moate of the 39th:
A Bill to amend an Act incorporating the offices of tax receiver and tax collector of Hancock County into the office of tax commissioner, so as to provide an expense allowance for the tax commissioner to hire clerical help; and for other purposes.
HB 765. By Messrs. Vaughn and Harris of the 14th:
A Bill to amend an Act creating a new charter for the City of Cartersville, Georgia, approved February 8, 1937, as amended, so as to author ize the governing authority of said city to change the ward boundaries; to provide compensation for the mayor and board of aldermen of said city; to repeal conflicting laws; and for other purposes.
HB 835. By Messrs. Fleming and Maxwell of the 106th and others:
A Bill to amend the Charter of the City of Augusta, so as to provide that the rules of the police department shall designate the title of Chief Detectives as Captain of Detectives and that said rules shall establish the grades of Corporate and of Detective; and for other purposes.
HB 1368. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to amend an Act incorporating the Town of Whitesburg, so as to change the date for electing the mayor and council; and for other purposes.
2846
JOURNAL OF THE HOUSE,
HB 1463. By Messrs. Vaughn, Malone and Palmer of the 117th, Harris and Levitas of the 118th, Westlake and Davis of the 119th and Ballard of the 37th:
A Bill to provide for a change in the holding of the terms of the Supe rior Courts of the Stone Mountain Judicial Circuit; and for other purposes.
HB 1473. By Mr. Leggett of the 21st:
A Bill to amend an Act creating the Paulding County Water Authority, so as to grant the Authority power to create and maintain a countywide sewerage system; and for other purposes.
HB 1491. By Mr. Underwood of the 61st: A Bill creating a new charter for the City of Glenwood, so as to change the qualifications of the mayor and councilmen; and for other pur poses.
HB 1494. By Mr. Underwood of the 61st:
A Bill to amend an Act creating a new charter for the City of Mount Vernon in the County of Montgomery, so as to change the corporate limits of the City of Mount Vernon; and for other purposes.
HB 1495. By Mr. Kirksey of the 87th:
A Bill to amend an Act creating a new charter for the City of Donalsonville, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.
HB 1499. By Messrs. Ware and Mullinax of the 42nd:
A Bill to amend an Act creating a new charter for the City of Hogansville, so as to provide that no public utility owned by said city may be sold, unless such sale is approved by the majority of the registered and qualified voters; and for other purposes.
HB 1500. By Mr. Black of the 56th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Stewart, so as to change the compensa tion paid to the Commissioner of Roads and Revenues; and for other purposes.
HB 1502. By Mr. Collins of the 62nd:
A Bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; to provide for certain services to be rendered by the City of Lyons; and for other purposes.
WEDNESDAY, MARCH 6, 1968
2847
HB 1515. By Mr. Rowland of the 48th:
A Bill to amend an act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary, so as to change the compensation of the clerk of the superior court of Washington County; and for other purposes.
HB 1517. By Mr. Williams of the 16th:
A Bill incorporating the Town of Clermont in the County of Hall, so as to provide that beginning on the first Wednesday in December, 1968, that the election for Mayor and five Councilmen of said town shall be held each 4 years and that the mayor and councilmen so elected shall hold office for 4 years and until their successors are elected and quali fied; and for other purposes.
HB 1519. By Mr. Cole of the 3rd:
A Bill to amend an Act creating the Conasauga Judicial Circuit, so as to change the salary of the judge of the Conasauga Judicial Circuit; and for other purposes.
HB 1503. By Messrs. Cole, Smith and Leonard of the 3rd:
A Bill to change the compensation of the Whitfield County Sheriff, Clerk and Ordinary; and for other purposes.
HB 1504. By Messrs. Cole and Smith of the 3rd:
A Bill to change the compensation of the Tax Commissioner of Whitfield County; and for other purposes.
HB 1521. By Mr. Ross of the 31st:
A Bill to amend an Act placing the sheriff, the ordinary and the 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 of the deputy clerk of the superior court; and for other purposes.
HB 1522. By Mr. Simmons of the 9th:
A Bill to consolidate the offices of tax receiver and tax collector of Gilmer County into the office of the tax commissioner of Gilmer County; and for other purposes.
HB 1525. By Mr. Collins of the 88th:
A Bill to abolish the offices of Tax Receiver and Tax Collector of Mitchell County; and for other purposes.
2848
JOURNAL OF THE HOUSE,
HB 1532. By Mr. Collins of the 62nd:
A Bill to provide for the election of members of the Board of Educa tion of Toombs County; and for other purposes.
HB 1534. By Mr. Ward of the 2nd:
A Bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to provide for additional powers of said commissioners, including the right of eminent domain; and for other purposes.
HB 1538. By Mr. Moore of the 12th:
A Bill to authorize the Stephens County Development Authority to issue revenue bonds; and for other purposes.
HB 1543. By Messrs. Snow and Crowe of the 1st:
A Bill to provide for the election of the members of the Board of Edu cation of Walker County; and for other purposes.
HB 1576. By Mr. Caldwell of the 51st:
A Bill to amend an Act authorizing certain counties to establish and maintain law libraries so as to provide that the funds for the establish ment and maintenance of said libraries be limited to the certain criminal and civil actions upon which the Court costs are actually paid; and for other purposes.
HB 1583. By Messrs. Steis of the 100th, Sherman of the 105th, and Miller of the 108th:
A Bill to amend an Act known as "An Act to promote temperance and prosperity for Georgia people; to foster and encourage the grow ing of grapes, fruits and berries on Georgia farms;" so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, or both, by counties or municipalities, and to authorize the regulation and taxation thereof; and for other pur poses.
HB 1584. By Messrs. Steis of the 100th, Sherman of the 105th and Miller of the 108th:
A Bill to amend an Act known as "An Act to provide for license and excise taxes upon the business of dealing in malt beverages; so as to authorize the sale, storage and distribution of malt beverage as that term is defined, within the boundaries of airports owned or operated, or both, by counties or municipalities; and for other purposes.
WEDNESDAY, MARCH 6, 1968
2849
HB 1585. By Messrs. Steis of the 100th, Sherman of the 105th and Miller of the 108th:
A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize the sale, storage and distribution of alcoholic beverages, including spiritu ous liquors, distilled spirits and alcohol as those terms are defined, with the boundaries of airports owned or operated, or both, by coun ties of municipalities; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 1268. By Messrs. Smith, Cole and Leonard of the 3rd:
A Bill to incorporate the City of Varnell, in the County of Whitfield; to provide for a charter for said city; and for other purposes.
HB 1351. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, and Wilson and Henderson of the 102nd:
A Bill to amend an Act creating a new charter for the City of Smyrna, so as to amend said Charter as amended in order to add a new section to said Charter to be known as Section 4 (p) so as to increase the corporate limits of the City of Smyrna; and for other purposes.
HB 1493. By Mr. Underwood of the 61st: A Bill to amend an Act creating the office of Tax Commissioner of Montgomery County, so as to change the compensation of the tax com missioner; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit:
HR 529-1156. By Messrs. Farmer and Matthews of the 29th: A Resolution proposing an amendment to the Constitution so as to pro vide the procedure where taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens, and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levied; and for other purposes.
HR 682-1473. By Messrs. Sullivan, Bennett and Barfield of the 95th: A Resolution proposing an amendment to Article XI, Section 1, Para graph VI of the Constitution so as to delegate to the respective govern-
2850
JOURNAL OF THE HOUSE,
ing authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly; and for other purposes.
HR 687-1477. By Mr. Dickinson of the 27th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Douglas County to establish water, sanitation, sewerage and fire protection districts within the unincorporated areas of Douglas County; and for other purposes.
HR 719-1522. By Mr. Simmons of the 9th:
A Resolution proposing an amendment to the Constitution so as to provide that the tax commissioner of Gilmer County shall be authorized to collect tax fi. fas. issued by the tax commissioner; and for other purposes.
HR 722-1544. By Mr. Kaylor of the 4th:
A Resolution proposing an amendment to the Constitution so as to create the City of Blue Ridge Industrial Development Authority; and for other purposes.
HR 726-1556. By Messrs. Chandler and Harrington of the 47th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the governing authority of Baldwin County shall be authorized to levy an annual registration tax on no more than two motor vehicles in the county owned by any individual or firm on the first day of January of each year; and for other purposes.
HR 730-1585. By Messrs. Dixon and Sweat of the 83rd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the modification or for the abolishment and consolidation into a single countywide govern ment of the existing governments of Ware County and the City of Waycross and for all matters relative thereto, provided any law enacted pursuant to such authority is submitted to the people for approval or rejection; and for other purposes.
The Senate has adopted, as amended, by the requisite constitutional majority the following Resolutions of the House, to-wit:
HR 684-1477. By Mr. Dollar of the 89th:
A Resolution proposing an amendment to the Constitution so as to create the Decatur County-Bainbridge Industrial Development Authority; and for other purposes.
WEDNESDAY, MARCH 6, 1968
2851
HR 727-1560. By Mr. Steis of the 100th:
A Resolution proposing an amendment to the Constitution so as to create the Town of Waverly Hall Development Authority; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:
HB 50. By Messrs. Westlake of the 119th and Smith of the 117th:
A Bill 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 cer tain additional publications; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
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 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.
HB 742. By Messrs. Murphy of the 26th, Caldwell of the 51st and others:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps and prisoners; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:
SR 223. By Senator Coggin of the 35th:
A Resolution calling for certain meetings in order to promote closer liaison between the Congressional Delegation of the State of Georgia and the Governor and General Assembly; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
2852
JOURNAL OF THE HOUSE,
SB 414. By Senator London of the 50th:
A Bill to create a Board of Commissioners of Roads and Revenues in the County of Fannin; to provide manner of their election; to define their salaries and term of office; to provide for filling vacancies; to repeal conflicting laws; and lor other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 1458. By Mr. Malone of the 117th:
A Bill to be entitled an Act to amend an Act creating and establishing the civil and criminal court of DeKalb County, so as to provide the salaries of the solicitor; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1458 as follows:
By striking from the title the following:
"so as to provide for the salaries of the judges; to provide for the salaries of the solicitor;"
By striking Section 1 in its entirety.
By striking from Section 2 the following:
"Section 2. Said Act is further amended by striking Section 5-A in its entirety and substituting in lieu thereof a new Section 5-A to read as follows:"
and inserting in lieu thereof the following:
"Section 1. An Act creating and establishing the Civil and Criminal Court of DeKalb County approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended, is hereby amended by striking Section 5-A in its entirety and substituting in lieu thereof a new Section 5-A to read as follows:"
"Section 5-A. There shall be a solicitor for the Civil and Criminal Court of DeKalb County whose duty it shall be to repre sent the State in all prosecutions pending therein and all matters in which it is the duty of the solicitor general of the superior courts of said State to represent the State. Said solicitor shall be that person who has previously been elected or appointed to the position of solicitor of the Civil and Criminal Court of DeKalb County and who
WEDNESDAY, MARCH 6, 1968
2853
on said date is qualified and serving as such, and his successor in
office thereafter. Said solicitor shall continue in office as such until
the expiration of the term to which he has been elected or appointed
prior to the effective date of this Act. The solicitor of the Civil and
Criminal Court of DeKalb County shall be elected by the people of
DeKalb County in the general election held in and for said county
next preceding the expiration of the term of said solicitor. The
term of office of said solicitor shall be four years, or until his suc
cessor is elected and qualified. The commission shall issue from the
Governor upon a certificate from the ordinary of DeKalb County as
to his having been elected as solicitor of said county. On and after
January 1, 1968, the salary of the solicitor of the Civil and Criminal
Court of DeKalb County shall be Sixteen Thousand ($16,000.00)
Dollars per annum, payable monthly out of the county treasurer as
an expense of the Court.
"Said salary shall be in lieu of any and all fees of said solicitor as provided by law. The solicitor of the Civil and Criminal Court of DeKalb County shall have been a resident and elector of DeKalb County, Georgia, for at least one year immediately preceding his election or appointment and shall have been engaged in the practice of law at least three years next preceding his election or appoint ment hereunder and shall be at least Twenty-five (25) years of age."
By striking from Section 3 the following:
"Section 3."
and inserting in lieu thereof the following:
"Section 2."
By striking from Section 4 the following:
"Section 4."
and inserting in lieu thereof the following:
"Section 3."
By striking from Section 5 the following:
"Section 5."
and inserting in lieu thereof the following:
"Section 4."
By striking from Section 6 the following:
"Section 6."
2854
JOURNAL OP THE HOUSE,
and inserting in lieu thereof the following:
"Section 5."
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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1461. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend the charter of the City of Bruns wick, so as to provide specific requirements relating to the publications of ordinances, by-laws and resolutions, which are adopted for the pur pose of raising revenue, before the same shall become effective; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the charter of the City of Brunswick, Georgia, by amending the particular amendatory Act, approved Novem ber 12, 1889 (Ga. Laws 1888-89-Vol. II, p. 1010), so as to provide spe cific requirements relating to the publication of a notice of intention to enact and the publication of ordinances, bylaws and resolutions, which are adopted for the purpose of raising revenue, before the same shall become effective; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. The charter of the City of Brunswick, Georgia, as amended, particularly by the amendatory Act approved November 12, 1889 (Ga. Laws 1888-89 Vol. II, p. 1010), is hereby amended by inserting immediately following the first sentence of Section XXXVI of said amendatory Act, a new sentence to read as follows:
"Provided, however, before any ordinance, bylaw or resolution adopted for the purpose of raising revenue, whether by taxation, license fees or otherwise, or adopted to amend a previously enacted ordinance, bylaw or resolution for the purpose of raising revenue, by taxation, license fees or otherwise, shall become effective, a notice of intention to enact or adopt such ordinance, bylaw or resolution
WEDNESDAY, MARCH 6, 1968
2855
shall be published on three separate days during one calendar week and the entire ordinance, bylaw or resolution shall be published on two separate days during the succeeding calendar week in the news paper in which the proceedings of the Mayor and Commission of said city and the legal advertising of said city is done."
so that when so amended Section XXXVI of said amendatory Act shall read as follows:
"Section XXXVI. Be it further enacted by the authority afore said, that no ordinance, bylaw or resolution of said Mayor and Commission of said city of a public character shall be binding within the limits of said city or person within the same, natural or artifi cial, until the same shall have been published once in the newspaper in which the proceedings of the Mayor and Commission of said city and the legal advertising of said city is done. Provided, however, before any ordinance, bylaw or resolution adopted for the purpose of raising revenue, whether by taxation, license fees or otherwise, or adopted to amend a previously enacted ordinance, bylaw or resolu tion, for the purpose of raising revenue, by taxation, license fees or otherwise, shall become effective, a notice of intention to enact or adopt such ordinance, bylaw or resolution shall be published on three separate days during one calendar week and the entire ordinance, bylaw or resolution shall be published on two sepa rate days during the succeeding calendar week in the newspaper in which the proceedings of the Mayor and Commission of said city and the legal advertising of said city is done. And it shall be the duty of the Mayor and Commission of said city to select, as the offi cial organ of said city, any paper which has a general circulation in the county of Glynn and said city, and the Mayor and Commission of said city shall cause the proceedings of each meeting of the Mayor and Commission of said city to be published in said paper. And no ordinance or bylaw shall pass the Mayor and Commission of said city and become a bylaw or ordinance thereof until the same shall have been introduced and read once at the regular meeting of said Mayor and Commission of said city when the same is introduced, and twice at the next regular meeting of said Mayor and Commis sion of said city before the same passes and becomes a law. And the regular meetings of the Mayor and Commission of said city shall be fixed by them an3 changed from time to time by resolution or ordi nance without reading the same but once and without any publica tion; but ordinances and resolutions touching quarantine, or passed in the exercise of the power of said Mayor and Commission of said city as to quarantine, may be passed at the same meeting when introduced, whether regular or adjourned or called meeting, and
after being read one time, and shall become law at sun-rise on the
day after their publication."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
2856
JOURNAL OP THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the constitutional majority, was passed, by substitute.
HB 1611. By Mr. Harris of the 85th: A Bill to be entitled an Act to create the Brunswick-Glynn County Charter Commission; and for other purposes.
Th following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1611 as follows:
By striking from subsection (b) of Section 6 the following:
"except said charter may not include any provision which would authorize said single countywide government to impose and collect an occupational tax based on gross receipts, and such tax shall not be imposed or collected by said countywide government.",
and placing a (.) after the "thereof".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1620. By Messrs. Walling and Parrar of the 118th and Jenkins ol the 119th: A Bill to amend and revise the laws pertaining to the governing author ity of DeKalb County and creating a Chairman and Board of Commis sioners of Roads and Revenues, so as to reconstitute commissioner distrists and to redefine the duties and powers of the chairman and execu tive assistant; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "An Act to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of DeKalb County, Georgia; to create a Chairman and Board
WEDNESDAY, MARCH 6, 1968
2857
of Commissioners of Roads and Revenues for DeKalb County, Georgia, and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commissioners' districts; to provide for the recall of such officers and the procedure for recall; to provide for the internal organization and functioning of officials, employees, and departments subordinate to the Chairman and Board of Commissioners of Roads and Revenues; to provide for the management of financial affairs and the keeping and auditing of fiscal records of said county; to provide a sys tem of budgets and allotments for the expenditure of county funds; to restrict the interest of candidates for, and holders of such offices in trading with said county; to provide for the holding of a referendum upon the question of ratification of this Act and upon the question of whether the present Commissioner of Roads and Revenues shall serve as Chairman of the Board of Commissioners of Roads and Revenues herein created for a period equal to the unexpired term of the office to which he was elected; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes.", approved March 8, 1956 (Ga. Laws 1956, p. 3237), so as to reconstitute the four Commissioner Dis tricts; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of DeKalb County, Georgia; to create a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, Georgia, and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties and responsibilities; to provide for the recall of such officers and the procedure for recall; to provide for the internal organization and functioning of officials, employees, and departments subordinate to the Chairman and Board of Commissioners of Roads and Revenues; to pro vide for the management of financial affairs and the keeping and audit ing of fiscal records of said county; to provide a system of budgets and allotments for the expenditure of county funds; to restrict the interest of candidates for, and holders of such offices in trading with said county; to provide for the holding of a referendum upon the question of ratifi cation of this Act and upon the question of whether the present Commis sioner of Roads and Revenues shall serve as Chairman of the Board of Commissioners of Roads and Revenues herein created for a period equal to the unexpired term of the office to which he was elected; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes.", approved March 8, 1956 (Ga. Laws 1956, p. 3237), is hereby amended by striking so much of Section 2 as contains the description of commissioner districts and substituting in lieu thereof the following:
"Commissioner District No. 1 shall be that portion of DeKalb County located within the following voting precincts as established by law, for the general election of 1966: Shallowford, Montgomery, Huntley Hills, Doraville, Jim Cherry, Chamblee, South Chamblee, Warren, Brookhaven, Skyland, Hawthorne, Henderson, Tucker, Woodward, Sagamore, Briar Lake, Laurel Ridge, Rehoboth."
"Commissioner District No. 2 shall be that portion of DeKalb County located within the following voting precincts, as established
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JOURNAL OF THE HOUSE,
by law for the general election of 1966: Johnson Estates "A", Kittredge, W. D. Thomson, Johnson Estates "B", Emory, Medlock, Fernbank, Ponce de Leon, Glenwood-Decatur, Edge-wood "B", Edgewood "C", Edgewood "A", North Kirkwood.
"Commissioner District No. 3 shall be that portion of DeKalb County located within the following voting precincts, as established by law, for the general election of 1966: South Kirkwood, Eastlake, Knollwood, East Atlanta, Parkview, Skyhaven, Terry Mill, Leslie J. Steele, Toney, Wadsworth, Gresham Park, Cedar Grove, South west DeKalb, McWilliams, Phillips."
"Commissioner District No. 4 shall be that part of DeKalb County located within the following voting precincts, as established by law, for the general election of 1966: Clarkston, Stone Mountain, Scottsdale, Pine Lake, Oakhurst, Winnona, College Heights (includ ing "A" and "B"), Hooper Alexander, Avondale, Midway, Evans "B", Evans "A", Redan, Diamonds, Lithonia."
Section 2. Said Act is further amended by striking in its entirety Section 3 and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. Election and Term of Commission Members. The first members of the commission created herein to represent com missioner districts shall be elected in the general election of 1968, or serve, for staggered terms, commencing on January 1, 1969. as follows:
Position Commissioner -- District No. 1 Commissioner -- District No. 2 Commissioner -- District No. 3 Commissioner -- District No. 4
Term 4 years 2 years 2 years 4 years
In order to provide for full service of any term to which any person shall have been heretofore elected, (a) the person elected in the general election of 1966 to the office of 'Commissioner District Number Two' or his successor under the provisions of the afore said Act, approved March 8, 1956 (Ga. Laws 1956, p. 3237), shall be designated in the incumbent Commissioner District Number Two, as reconstituted herein, and (b) the person elected in the general election of 1966 to the office of 'Commissioner District Number Three', or his successor under the provisions of the afore said Act, approved March 8, 1956 (Ga. Laws 1956, p. 3237), shall be designated the incumbent Commissioner District Number Three, as reconstituted herein."
"All members elected in subsequent elections after the general election of 1968, other than elections to fill vacancies for unexpired terms, shall serve for terms of four years each and until their
WEDNESDAY, MARCH 6, 1968
2859
respective successors are elected and qualified, so that two of the commission members shall be elected at the general election held every two years."
Section 4. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's adver tisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks, during a period of sixty (60) days immedi ately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
GEORGIA, DeKalb County
Personally appeared before the undersigned officer authorized by law to administer oaths, BRITT FAYSSOUX, who, being duly sworn, deposes and states on oath that he is General Manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the county of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, Notice of Intent to Introduce Local Legislation was duly published once a week for 3 weeks as required by law, the dates of publication being February 8, February 15, and February 22, 1968.
BRITT FAYSSOUX
Sworn to and subscribed before me this 22nd day of February, 1968.
/a/ Carol E. Wheeler Notary Public Notary Public, Georgia, State at Large My Commission Expires Feb. 21, 1971 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the session of the General Assembly of Georgia convened January, 1968, a Bill to re draw the lines of Commissioner Districts; to redefine the duties and powers of the Chairman; to redefine the qualifications, duties and powers of the Executive Assistant and to change the title of such office, and for other purposes.
Robert H. Walling, Representative Post 3, House District 118 Robert H. Farrar, Representative Post 3, House District 118
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorahle to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1649. By Mr. Maxwell of the 106th:
A Bill to be entitled an Act to abolish the fee system for the solicitor general of the Augusta Judicial Circuit and placing him upon an annual salary, so as to change the compensation of the solicitor general; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act abolishing the fee system for the solicitor general of the Augusta Judicial Circuit and placing him upon an annual salary, approved August 18, 1919 (Ga. Laws 1919, p. 545), as amended, so as to prohibit the solicitor general from engaging in the private practice of law; 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 abolishing the fee system for the solicitor general of the Augusta Judicial Circuit and placing him upon an annual salary, approved August 18, 1919 (Ga. Laws 1919, p. 545), as amended, is hereby amended by inserting between Sections 2 and 3 a new section to be known as Section 2A and to read as follows:
"Section 2A. The solicitor general of the Augusta Judicial Cir cuit shall not engage in the private practice of law."
Section 2. The provisions of this Act shall become effective on Janu ary 1, 1969.
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.
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2861
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1646. By Mr. Scarlett of the 85th:
A Bill to be entitled an Act to amend the charter of the City of Bruns wick in the County of Glynn, so as to define the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1651. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Waverly Hall in Harris County, so as to change the term of office of the Mayor and Council; to change the punishment of offenders against the ordinances 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1652. By Mr. Gunter of the llth: A Bill to be entitled an Act to amend an Act creating and establishing the City Court of Habersham County, so as to provide that in all matters pertaining to service, pleadings, practice, notice and appeal the laws governing the Superior Courts shall govern the City Court of Haber sham County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1653. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act repealing an Act incorpo rating the Town of Midway and creating a charter for the City of Mid way in the County of Liberty, so as to change the compensation of the mayor and council; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1654. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, and the ordinary of Dougherty County upon an annual salary, so as to change the compensation of the ordinary of Dougherty County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 407. By Senator Kennedy of the 4th: A Bill to be entitled an Act to amend an Act granting a new charter to the City of Claxton, in the County of Evans, so as to change the provi sions 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.
WEDNESDAY, MARCH 6, 1968
2863
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 362. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the City of Lake City, so as to change the date of elections; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 374. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; to provide for election, qualifications and filling of vacancies of mem bers of said board; to provide for an oath; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; to provide for election, qualifications and filling of vacancies of mem bers of said board; to provide for an oath; to provide for giving a bond by the members of said board and the clerk; to provide for the compensa tion of members of said board; to provide for a chairman; to provide for a supervisor of roads and revenues; to provide for meetings; to provide for a quorum; to provide for the employment of a clerk and the compen sation of said clerk; to provide for powers of said board; to provide that purchases of a certain amount shall be on a competitive bid basis; to authorize the board to employ an attorney; to provide for auditing the fiscal affairs of the county; to provide for a referendum; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1. There is hereby created a Board of Commissioners of Roads and Revenues for Rabun County, hereinafter referred to as the Board, to be composed of three members. Such Board shall come into existence January 1, 1969, with the first members thereof being elected at the general election in 1968 as hereinafter provided.
Section 2. (a) For the purpose of electing the members of the Board, Rabun County is hereby divided into three commissioner districts. Commissioner District No. 1 shall be composed of the following militia district: Militia District No. 587 (Clayton).
Commissioner District No. 2 shall be composed of the following militia districts; Militia District No. 556 (Tennessee Valley); Militia District No. 452 (Warwoman) ; and Militia District No. 1014 (Moecassin).
Commissioner District No. 3 shall be composed of the following militia districts: Militia District No. 1275 (Stonepile); Militia District No. 597 (Tiger); Militia District No. 436 (Chechero); Militia District No. 636 (Persimmon) and Militia District No. 507 (Tallulah).
(b) One member shall be elected from each commissioner district to be voted on by the registered and qualified voters of the entire county. The initial members of the Board shall be elected at the 1968 general election and shall take office on the first day of January following said election for the following terms:
The member from Commissioner District No. 1 shall serve for a term of two years and until his successor is elected and qualified.
The member from Commissioner District No. 2 shall serve for a term of three years and until his successor is elected and qualified.
The member from Commissioner District No. 3 shall serve for a term of four years and until his successor is elected and qualified.
Successors to the initial members provided herein shall be elected at the general election in the year in which the terms of office expire (or on the second Tuesday in November if the year is one in which there is no general election) and shall take office on January 1 following said election for a term of four years and until their successors are duly elected and qualified.
Section 3. Any person to be eligible to serve as a member of the Board must be at least twenty-five (25) years of age on the date of the election, must reside in Rabun County for at least three years immedi ately preceding the date of the election, must be a resident of the com missioner district from which he offers for election and must be quali fied and registered to vote for the members of the General Assembly, and he shall have paid taxes on real estate in the district in which he is qualified to announce for Commission election.
Section 4. Before entering upon his duties as a member of the Board, such member shall take an oath to faithfully perform his duties
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2865
in accordance with the provisions of this Act, the Constitution and laws of the State of Georgia. Such oath shall be administered by the Ordinary of Rabun County.
Section 5. Before entering upon the discharge of his duties, each member of the Board and the clerk as hereinafter provided shall each give bond in the sum of ten thousand ($10,000.00) dollars with a reput able surety company authorized to do business in Georgia as surety, payable to the Ordinary of Rabun County, for the use of Rabun County. Such bond shall be conditioned for the satisfactory performance, by each of the members and the clerk, of the duties of his office and for a true accounting of all moneys and effects of said county coming under his custody, possession or control. Such bond shall be filed in the Office of the Ordinary and shall be recorded upon his minutes. The premium on each bond shall be paid from the funds of Rabun County.
Section 6. In the event a vacancy occurs on the Board for any reason other than the expiration of the member's term of office, such vacancy shall be filled by a special election called by the Ordinary, if the vacancy occurs with more than one year left in said term. The election shall be held within thirty (30) days after the vacancy occurs. If there is less than one (1) year left in said term, the two remaining members of the Board shall appoint a member to fill the unexpired term.
Section 7. The two members of the Board other than the Chairman shall be compensated in the amount of fifty ($50.00) dollars per month and a maximum of fifty ($50.00) dollars per month (at 8 cents per mile) for use of personal automobile inside of Rabun County, to be paid from the funds of Rabun County plus actual expenses while incurred on offi cial business outside of Rabun County, as approved by the Board. No passenger automobiles shall be purchased for the Chairman or commis sioners with Rabun County funds. The Chairman shall be compensated in the amount of one thousand ($1,000.00) dollars per annum to be paid in equal monthly installments from the funds of said county plus a maxi mum of fifty ($50.00) dollars per month (at 8 cents per mile) for use of his automobile inside the county, plus actual expenses incurred while on official business outside of Rabun County, as approved by the Board.
Section 8. At the first meeting in each year, the Board shall elect the Chairman to serve for that year. The Board shall immediately meet and appoint a Supervisor of Roads and Revenues who shall serve at the pleasure of said Board, shall perform such duties as may be assigned by said Board and shall be compensated in the amount of six thousand ($6,000.00) dollars per annum to be paid in equal monthly installments from the funds of Rabun County.
Section 9. The Board shall hold a regular meeting on the first Mon day in each month and may hold other meetings, as deemed advisable upon the call of the Chairman or upon the call of any two of the mem bers. The Board shall maintan an office at the courthouse of Rabun County.
Section 10. Two members of the Board shall constitute a quorum and no action shall be taken by the Board without the concurring vote
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of at least two members of said Board. The Chairman of said Board shall preside at all meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized, by said Board and shall at each regular meeting of said Board submit a report of the condition of the county affairs and make to said Board such recommendations as he may deem proper.
Section 11. The Board is hereby authorized to employ a clerk to be compensated in an amount not to exceed three thousand six hundred ($3,600.00) dollars per annum, to be determined by the Board, to be paid from the funds of Rabun County in equal monthly installments. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the Board and to discharge such other duties as the Board may prescribe.
Section 12. The Board shall have and exercise all the powers which were vested by law in the judges of the inferior courts and the Ordinary, when sitting for county purposes, and is hereby expressly given complete power, authority and control relative to county matters of Rabun County. The Board is hereby authorized to employ necessary personnel, and to fix their compensation, to assist in the performance of the duties imposed by this Act.
The Board of Commissioners shall establish rules and regulations for the expenditures of all funds, for securing written reports from all other county officers (which shall contain proposed salaries, expenses for office operations on an itemized basis), and for submitting an annual budget broken down into quarterly amounts. The Board shall study and act on all budget requests, making changes that are fiscally sound and in the best interest of the county.
Section 13. The Board shall make all purchases for Rabun County and shall make all purchases over three hundred ($300.00) dollars on a competitive bid basis, securing three bids on each purchase or item. The Board shall not expend any funds of Rabun County in payment of pur chases made in violation of this Section.
Section 14. Said Board shall have the authority to employ a compe tent attorney at law, resident and freeholder of said county, as county attorney to advise the Board and represent the county in such matters as the Board of Commissioners may direct, who shall be paid such salary or compensation, not to exceed six hundred ($600.00) dollars per annum, payable in equal monthly installments out of the regular funds of the county, to serve at the pleasure of the Board. Whenever it is deemed necessary, said Board may employ additional counsel to assist the county attorney, who shall be paid such compensation as the Board may direct out of the regular funds of the county.
Section 15. As of the close of business on June 30th of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. Said audit shall show the source and amount of all receipts; the amount and payee of all disbursements, including all bids; the amount and payee of all unpaid county warrants; and amount and payee of all other written obligations.
WEDNESDAY, MARCH 6, 1968
2867
Also, the amount and payee of all open accounts; a statement showing the bonded indebtedness of the county, and such financial report shall be verified by the Chairman of the Board of Commissioners of Roads and Revenues or by the clerk of said Board. A copy of such report of the County Commissioners shall be furnished the Ordinary for his files and a copy shall be exhibited to the grand jury meeting after such report is made. The county commissioners shall cause to be published in the offi cial organ and other county media, once per month, all receipts and disbursements. The cost thereof shall be paid from the county funds.
Section 16. Not less than five (5) nor more than ten (10) days after the date of the approval of this Act by the Governor, or after it otherwise becomes a law, it shall be the duty of the Ordinary of Rabun County to issue the call for an election for the purpose of submitting this Act to the voters of Rabun County for approval or rejection. The Ordinary shall set the date of such election for a day not less than twenty (20) nor more than thirty (30) days after the date of the issu ance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof, in the official organ of Rabun County. The ballot shall have written or printed thereon the words:
"For approval of the Act creating a Board of Commissioners of Roads and Revenues for Rabun County.
"Against approval of the Act creating a Board of Commission ers of Roads and Revenues for Rabun County."
All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall vote against approval. At least fifty-one (51%) per cent of the regis tered voters of Rabun County must vote in the said election or else the election shall be void. 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 expenses of such election shall be borne by Rabun County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such elec tion under the same laws and rules and regulations as govern special
elections, except as otherwise provided herein. It shall be the duty of the
Ordinary to canvass the returns and declare and certify the result of the
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 17. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 392. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, so as to place the tax commissioner on an annual salary; to provide for the disposition of all fees, commissions and emoluments formally allowed the tax commissioner; to repeal con flicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, approved July 3, 1931 (Ga. Laws 1931, p. 390), as amended by an Act approved March 8, 1945 (Ga. Laws 1945, p. 1078), and an Act approved December 17, 1953 (Ga. Laws 1953, Nov.Dec. Sess., p. 2653), so as to place the tax commissioner on an annual salary; to provide for the disposition of all fees, commissions and emolu ments formerly allowed the tax commissioner; to provide for assistants and their compensation; to provide an allowance for office supplies and expenses; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of tax commissioner of Ber rien County, approved July 3, 1931 (Ga. Laws 1931, p. 390), as amended by an Act approved March 8, 1945 (Ga. Laws 1945, p. 1078), and an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2653), is hereby amended by striking in their entirety Sections 9 and 10 and substituting in lieu thereof the following new Sections:
"Section 9. The tax commissioner shall receive for his services as such an annual salary of $8,400.00 payable in equal monthly in stallments from the funds of Berrien County. The governing author ity of Berrien County shall make available the sum of $6,000.00 per annum for the purpose of compensating such personnel as the tax commissioner shall deem necessary to assist him in discharging the official duties of his office. On or before the 15th day of December of each year, the tax commissioner shall submit to the fiscal authori ties of Berrien County a proposed budget covering the anticipated needs of his office for the ensuing fiscal year for office supplies and materials. On or before the 31st day of December, the fiscal authorities of Berrien County shall make available such sums as in their judgment will be necessary to meet such expenses, payable as such authorities may prescribe.
"Section 10. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax
WEDNESDAY, MARCH 6, 1968
2869
commissioner shall be received, collected and held by him as public funds belonging to Berrien County. Once each month the tax com missioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 195B (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capac ity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, ap proved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as
amended."
Section 2. The provisions of this Act shall become effective on Janu ary 1, 1969.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 406. By Senator Hall of the 52nd:
A Bill to be entitled an Act to create the Coosa Valley Area Vocational Technical School and Junior College System; to provide for a Board of Trustees of said system; to provide for the appointment of the Board of Trustees; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to create the Coosa Valley Area Vocational Technical School System; to provide for a Board of Trustees of said system; to provide for the appointment of the Board of Trustees; to provide for the qualifications, compensation and terms of office of the
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members of the Board; to provide for the operation and administration of the system by the Board of Trustees; to provide that the Director of the Coosa Valley Area Vocational Technical School shall be the Secre tary of the Board of Trustees; to provide for the submission of budgets by the Board of Trustees; to authorize the Board of Trustees to promul gate rules and regulations; to provide for the powers and duties of the Board of Trustees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created the Coosa Valley Area Voca tional Technical School System. The affairs of the Coosa Valley Area Vocational Technical School shall be administered by a Board of Trustees composed of seven members as follows: The County School Superintendent of Floyd County and the City School Superintendent of the Rome School System shall be ex officio voting members of the Board. The Board of Education of Floyd County and the Board of Education of the City of Rome shall each appoint a member to the Board and such members shall each serve for terms of office of two years. The Board of Commissioners of Roads and Revenues of Floyd County shall appoint one member to the Board for one year, one member to the Board for two years, and one member to the Board for three years. Thereafter, the members of the Board appointed by the Board of Commissioners of Roads and Revenues shall each be appointed for terms of office of three years. The members of the Board of Trustees shall assume office on July 1, 1968, and administer thereafter the affairs of the Coosa Valley Area Vocational Technical School System. The members of the Board shall receive no compensation for their services. Vacancies for an unexpired term shall be filled in the same manner as appointments.
Section 2. The Board of Trustees shall elect a Chairman and such other officers as they may deem necessary at their first meeting in each fiscal year. The Director of the Coosa Valley Area Vocational Technical School shall serve as Secretary of the Board.
Section 3. The Board of Trustees shall prepare an annual budget and submit it to the Board of Commissioners of Roads and Revenues of Floyd County on or before September 1 of each calendar year. The Board of Commissioners of Roads and Revenues shall have the authority to increase, decrease or approve the budget as recommended by the Board of Trustees and the Floyd County Budget Commission; and to levy the necessary taxes to operate said system.
Section 4. The powers of the Board of Trustees shall include, but shall not be limited to, the following:
(a) To receive and administer gifts, grants and donations and administer trusts.
(b) To contract with the State of Georgia or any of its political subdivisions or any municipality and with the United States Government or with any department or agency of the State of Georgia or the United States and with private persons and corporations; to contract with the
WEDNESDAY, MARCH 6, 1968
2871
State School Building Authority, the State Department of Education or with any of its divisions and with the Georgia State Board for Voca tional Education or either of them in any manner relating to said school system.
(c) To borrow money, to issue notes, to execute trust agreements or indentures and to mortgage, pledge and assign any and all of its funds, property and income as security therefor, subject to approval of the Board of Commissioners of Roads and Revenues.
(d) To acquire property by gift or purchase, to erect buildings thereon for school purposes and to equip and maintain such facilities, to rent or lease for a specified number of years, with the privilege of re newal or with the option to purchase, from any person, firm or corpo ration, land, buildings, equipment, furnishing, and supplies for school purposes.
(e) To prescribe the curriculum of said school system and to deter mine entrance requirements in accordnace with the laws of this State.
(f) To appoint and employ such executive, instructional, clerical and maintenance personnel and other employees and fix their compensa tion and terms of employment.
(g) To appoint attorneys, accountants, architects, and engineers and to fix their compensation.
(h) To adopt, alter or repeal bylaws, rules and regulations govern ing the manner in which its business may be transacted and in which the power granted to it may be employed, as the Board may deem neces sary or expedient in facilitating its business.
Section 5. The Board is authorized to receive funds from the State, any of its agencies, the State Board of Education or the State Board for Vocational Education under such terms and conditions as may be pre scribed by the State, said agencies, or the State Board of Education.
Section 6. The Board shall promulgate such rules and regulations as it shall deem advisable for the admission of students. The Board is further authorized to contract for the admission of students who reside outside the territorial limits of Floyd County and shall have the power and authority to contract wtih the governing authorities of counties, municipalities and other political subdivisions for the admission of students residing in such municipalities, counties or other political sub divisions. The Board shall fix, charge and collect such matriculation fees, tuition and supply fees as it, in its discretion, may prescribe, and may condition the attendance of any student in said school system upon the prompt payment of such fee or fees.
Section 7. The Board shall maintain such records and reports as it shall deem advisable, and it shall maintain such financial records as shall be required by good accounting practices.
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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 236. By Senator Johnson of the 38th:
A Bill to be entitled an Act to provide for the compensation of the Sheriff of certain counties, and the procedure in connection with the payment thereof; to provide for an effective date; to specifically repeal certain laws; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend SB 236 as follows:
1. By inserting in the title immediately before the phrase "to pro vide an effective date;" the following: "to provide that the increased compensation provided by this Act shall not increase the amount of pen sion payable upon retirement;"
2. By striking Section 1 in its entirety and inserting in lieu thereof the following:
"Section 1. The annual salary of the Sheriff of all counties in the State having a population of 500,000 or more, according to the 1960 United States Census, or any future such census, shall be $16,500.00. Said salary shall be payable in equal monthly install ments out of the treasuries of such counties. The increased com pensation provided by this Act shall not operate to increase the amount of pension payable upon retirement to the officers whose compensation is thus increased. Before the increased compensation shall be due and payable, such officers shall execute a written waiver to be prepared by the county attorney in which such officer shall agree that the increase compensation provided herein shall not operate to increase the amount of the pension payable to such offi cers upon retirement."
3. By striking Section 2 in its entirety and inserting in lieu thereof the following language:
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2873
"2. This Act shall become effective on January 1, 1969."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 806-1653. By Messrs. Mason and Nash of the 22nd:
A RESOLUTION
Proposing a constitutional amendment so as to change the provisions relating to the filling of vacancies on the Board of Education of Gwinnett County; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, as amend ed by an amendment relating to the Gwinnett County Board of Educa tion ratified at the general election held in 1956 and found in Georgia Laws 1956, page 810, and by an amendment ratified at the general election held in 1960 and found in Georgia Laws 1960, page 1433, is hereby amended by striking from the end of the seventh paragraph of said 1956 amendment, as amended by said 1960 amendment, the fol lowing :
"In case of a vacancy on the board for any cause other than the expiration of term of office, the remaining members of the board shall elect a person from the district in which the vacancy occurs who shall serve for the unexpired term.",
and inserting in lieu thereof the following:
"In the event a vacancy occurs on the board for any reason other than the expiration of term, said vacancy shall be filled as follows: (1) If the vacancy occurs at any time within 180 days before the expiration of the term of the member whose office is vacant, the remaining members of the board shall elect a person from the district in which the vacancy occurs who shall serve for the unexpired term; or (2) if the vacancy occurs at any time more than 180 days before the expiration of the term of the member
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whose office is vacant, it shall be the duty of the ordinary of Gwinnett County to call a special election, within 30 days after the vacancy occurs, for the purpose of filling said vacancy for the unexpired term. Any person offering as a candidate as a member of the board to fill such vacancy shall be a resident of the district in which said vacancy occurred and shall be elected by the voters of the education district in which said vacancy occurred. Except as otherwise provided herein, any election to fill vacancies on said board shall be held and conducted in accordance with the laws of this State governing special elections."
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 change the provisions relating to the filling of vacancies on the
NO ( ) Board of Education of Gwinnett County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson
Ballard Barber Battle
Berry, C. E. Berry, J. K. Black
WEDNESDAY, MARCH 6, 1968
2875
Blalock Bond Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Gates 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 Dillon Dixon Dodson Douglas Edwards Pallin Farrar Fleming Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hale Hall Hargrett Harrington Harris, J. F.
Harris, J. R. Harrison Henderson Holder Howard Howell Hutchinson Johnson, A. S. Johnson, B.
Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Lovell Lowrey Magoon Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt
Odom Oglesby Otwell Pafford Paris Parker, C. A. Parker, H. W. Phillips Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Thompson, A. W. Thompson, R. Townsend Tucker Turner Tye Vaughan, D. N. Walling Wamble Ware Wells Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bennett
Bostick Bowen
Brantley, H. L. Caldwell
2876
Cato Cook Dickinson Dixon Dollar Dorminy Doster Egan Farmer Floyd Funk Grier Hadaway Hamilton
JOURNAL OF THE HOUSE,
Harris, R. W. Higginbotham Hill Hood Jenkins Jones, C. M. Laite Lambros Longino Malone Moreland Palmer Parrish Peterson
Pickard Rainey Scarlett Shuman Stalnaker Sullivan Sweat Threadgill Underwood Vaughn, C. R. Ward Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
SR 209. By Senator Minish of the 48th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Jackson County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Jackson County, Georgia, to be known as the Jackson County Indus trial Development Authority which shall be an instrumentality of the State of Georgia and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall be a composite of five members to be appointed by the governing authority of Jackson County. The first members shall be appointed for terms of one, two, three, four and five years as shall be specified by the governing authority of the county and such members shall take office on January 1, 1969. Thereafter successors shall be appointed by the governing authority of the county for terms of five years so that the terms shall remain staggered. In the event a vacancy occurs on the Authority, for any
WEDNESDAY, MARCH 6, 1968
2877
reason, the governing authority of the county shall appoint a mem ber to serve the unexpired term. A majority of the members shall constitute a quorum, but no action may be taken by the Author ity without the affirmative vote of a majority of the total member ship of the Authority. The Authority is hereby empowered to elect its own chairman, vice chairman and secretary from its membership. No member of the governing authority of Jackson County shall be eligible to serve as a member of said Authority and only residents of Jackson County shall be eligible for membership on the Authority.
"C. The power of the Authority shall include but not be limited to, the power:
1. To sue and be sued; to receive and administer gifts, grants and donations and administer trusts;
2. To borrow money, to issue notes and revenue bonds, to execute trust agreements or indentures, and to sell, convey, lease, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
3. To contract with Jackson County and with other politi cal subdivisions of the State and with the State and with the United States Government or with any department or agency of either and with private persons and corporations;
4. To exercise any power granted by the laws of the State of Georgia to any public or private corporations performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia;
5. To encourage and promote the expansion and develop ment of industrial and commercial facilities in the County of Jackson, so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of said county suitable for and intended for use as a factory, mill, shop, proc essing plant, assembly plant, or fabricating plant including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equip ment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demo lition of existing structures, or through the acquisition of an existing building and remodeling, renovating, reconstructing, furnishing and equipping of such buildings;
6. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more per sons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer or possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay
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rentals or installments sufficient, together with other reve nues 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 under taking ;
7. To accumulate its funds from year to year and to in vest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
8. To designate officers to sign and act for the Authority generally or in any specific manner;
9. To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated;
10. To appoint and select officers, agents and employees including engineers, architects, builders and attorneys, and to fix their compensation;
11. To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted, as the Authority may deem necessary or expedi ent in facilitating its business.
"D. 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 Jack son County.
"E. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds, debentures and revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority; such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the laws of Georgia, as though such bonds had originally been authorized to be issued under the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended. The judgment of validation shall be final, conclusive and forever incontestable as to the validity of the bonds and the security for the payment thereof, as well as all other matters, both substantive and procedural, relative to their issuance, and any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or other wise encumbered as security for the lawful debt of the Authority.
"F. The Authority shall not be empowered or authorized in any manner to create any debt, liability or obligation against the State of Georgia or Jackson County, Georgia.
"G. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by
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2879
the Authority at the time of such dissolution shall revert to Jackson County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"H. This amendment, being for the purpose of developing and promoting the public good and the welfare of Jackson County, Georgia, and its inhabitants, shall be liberally construed to effect the purposes hereof.
"I. The provisions of this amendment are severable, and if any of its provisions shal be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
"J. Any project of the Authority shall be restricted to or within the limits of Jackson County, Georgia.
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Jackson and reducing unemployment to the greatest extent possible, and this amendment and any law en acted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.
"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 same, and may likewise further regulate the management and conduct of the Authority."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken 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 ( ) Jackson County Industrial Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "yes". All persons desiring to vote against 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
2880
JOURNAL OP THE HOUSE,
duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorahle to the adoption of the Resolution, was agreed to.
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 Battle Berry, C. E. Berry, J. K. Black Blalock Bond
Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Gates 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 Dillon
Dodson Douglas Edwards Pallin Farrar Fleming
Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hale Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Holder Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Land Lane, Dick Lane, W. J.
Lee, W. J. (Bill) Lee, W. S.
Leggett Leonard Levitas Lewis Lovell Lowrey Magoon Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Mo ate Moore, Don C.
Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Paris Parker, C. A. Parker, H. W. Phillips Poss Potts Ragland
Reaves Richardson Roach Ross Rowland Rush Russell Savage Shanahan Sherman Shields Simmons Sims
WEDNESDAY, MARCH 6, 1968
2881
Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Thompson, A. W. Thompson, R. Townsend Tucker Turner Tye
Vaughan, D. N. Walling Wamble Ware Wells Whaley Williams Wilson, J. M. Wilson, R. W. Winkles, F. L. Wood
Those not voting were Messrs.:
Barfield Bennett Bostick Bo wen Brantley, H. L. Caldwell Cato Cook Dickinson Dixon Dollar Dorminy Doster Egan Farmer Floyd
Funk Grier Hadaway Hamilton Harris, R. W. Higginbotham Hill Hood Jenkins Jones, C. M. Laite Lambros Longino Malone Moreland Palmer
Parrish Peterson Pickard Rainey Scarlett Shuman Stalnaker Sullivan Sweat Threadgill Underwood Vaughn, C. R. Ward Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Dorminy of the 72nd stated that he had been called from the floor of the House when the roll was called on HR 806-1653 and SR 209, but had he been present would have voted "aye".
Mr. Gary of the 35th 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.
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JOURNAL OF THE HOUSE,
Pursuant to HR 816, adopted by the House on Monday, March 4, 1968, Major General Francis C. Gideon, Commanding General, Warner Robins Air Material Area, Warner Robins, Georgia, accompanied by the distinguished Com mittee of Escort, appeared upon the floor of the House and addressed the mem bers thereof as follows:
Thank you, Representative Stalnaker.
I am sure that you are often told that it is an honor to speak to this great body. And it is.
Let me say also that it is a pleasure to live and to work among your constituents. My wife and I like Georgia and Georgians. We feel at home here. So I speak to you today as a representative of the United States Air Force and as a military resident of this progressive state.
I have observed, as you proceeded through this session, the great concern each of you has for the State of Georgia and its future. This is as it should be, since, as Charles Kettering observed, "The future is where we will have to spend the rest of our lives."
I am equally certain that each of us is concerned with another matter of present and continuing importance. It is the war in Vietnam. I applaud the moral support this body gives to us who are directly involved in this national effort.
Our individual responsibilities and the impact of the war on us gives to each person a different perspective. The President and the Joint Chiefs of Staff are charged with the grand strategy. Each indi vidual military Service--Army, Navy, Air Force, Marine Corps--has a special view based upon the environment in which that Service operates. Our special view, within the Air Force, is related to aerospace weapons --their development, operation and support.
As an Air Materiel Area Commander, and speaking for the nearly 20,000 men and women of my command, I am acutely aware of actions taking place in Southeast Asia because there are daily, often hourly, requirements to provide special high priority logistic support to our forces there.
When I speak of logistic support I refer essentially to a large in dustrial installation coupled with worldwide field assistance including overhaul, repair, transportation, engineering, computer service, field team, supply, and purchasing services. Effective assistance from the Logistics Command is absolutely vital to the success of the war effort. A failure to perform can result directly in the loss of the lives of our men in battle, the loss of expensive equipment, and the loss of the battle
itself.
One of the great achievements of this war is the logistics support that has been given our field commanders. Between July first 1964, when the real build-up began, and the end of September 1967, Air Force units in Southeast Asia had been provided almost 6 million short tons
WEDNESDAY, MARCH 6, 1968
2883
of materiel support. A substantial part of this was moved by air in the largest inter-theater air logistic operation of history.
The magnitude of the airlift within the theater is equally impres sive. Within South Vietnam alone, we airlifted more than 680,000 tons of cargo and two-and-a-quarter million passengers during the past year.
This is a feat that no other country can duplicate, and it holds a great deal of significance for the future of both the Free and the Communist worlds.
Our military contribution to determining the course of history will stand or fall in a large measure on logistics and on military airlift.
The history of military airlift has been brief. During the First World War, military planners did not consider the aircraft as a logistics tool, a transporter of persons and cargo. Less than a quarter century ago, when the Allies landed in Normandy, transport aircraft were used to drop paratroops beyond the beaches. But these paratroops had been moved by sea from the United States to England and were air lifted only for the short distance across the channel.
Even during the Korean War, military airlift was used only for the highest priority materiel shipments in support of a force whose basic mobility depended on sea transportation. During the past dozen years a revolution has been underway in military airlift concepts-- a revolution concerned not with how to move high-priority passengers and cargo in support of a combat force, but how to move that combat force itself. Today, we guard against contingencies anywhere in the world, ranging from a big war to the mere threat of overt action. The potential for these threats is worldwide. Air transport is vital to our national strength and to our future.
There is another aspect of this revolution which as significance not only to the military, but to commerce. In the non-military sense, it is a logical prediction that the air transport revolution will be followed by a revolution in world commercial markets and marketing techniques.
I have spent these moments to stress the role of transports in the war in Southeast Asia and in military and commercial operations of the future because the organization which I command has full responsi bility for the logistic support of all the strategic and tactical airlift airplanes deployed by the Air Force today. This fact conditions my perspective of the war.
Another most dramatic feature of the war in Southeast Asia is the large and increasing reliance on specialized electronic equipments. In World War II, the use of radar receiving and transmitting devices was limited and the equipment relatively elementary.
By the early 50's, electronic warfare had developed a small capa bility, but still it saw only limited use in Korea. Surface-to-air missiles with their attendant tracking and fire control devices were unknown.
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We now have a far different situation in Southeast Asia. Many have viewed the conflict there as a primitive struggle characterized by rice paddies, bamboo huts, sampans and homemade weapons. And so it is in some respects. But it turns out that not everybody is crawl ing around the jungle in black pajamas. We are engaged in a contest with an intelligent enemy who possesses extremely sophisticated and complicated electronic equipment and who knows how to exploit it to the maximum. Our use of electronic and counter electronic devices is so important that it now becomes impractical for air crews to penetrate North Vietnam without them. Electronic warfare as it is now being conducted and electronic countermeasures as they are presently being employed are new and are of fundamental importance. The scope and magnitude of their use is growing. The end use of such equipment in cludes detecting, locating, neutralizing, deceiving, evading, and destroy ing enemy electronic weapons.
Only a couple of years ago, our strike aircraft were ill-prepared to warn the crews when they were being picked up by hostile ground based or airborne intercept radar. They were less able to avoid the threat of missiles and anti-aircraft fire through the use of electronic deceiving or jamming of the enemy's equipment. Our capacity is now greatly improved, but extensive modifications are a normal part of this rapidly advancing mode of conflict.
Modern war also involves the intricate mechanical and sophisti cated electronics of armament. Included in these items are bomb release and ejection racks, internal and external rocket launchers and flare equipment. Guns must be able to fire accurately at rates up to 6000 rounds per minute, sometimes, against aircraft whose exposure time is measured in the smallest fraction of a second. Here again armament and electronic fire control equipment must function perfectly or the whole mission may fail. Similar demanding characteristics relate to the delivery of rockets and bombs.
The reason I have dwelt on electronic warfare, guns and fire con trol systems is that we at Warner Robins are solely responsible for logistics support and operational performance of nearly all the electronic warfare, armament and fire control systems used by our Air Force in Southeast Asia. Exceptional skills and personal integrity are re quired of mechanics, engineers, and logisticians who support such ma teriel. We have more electronics work at Warner Robins than has any other of the five principal Air Force Logistics organizations, and it is probably the most difficult of all work to do. Yet, a large segment of our labor force, in terms of training is not well prepared to fulfill this demanding assignment. I shall have more to say on this point a little later.
A third large area vital to our success in Southeast Asia relates to helicopters. These versatile airplanes are of enormous value to trans port men and equipment and to retrieve fallen aircraft and other heavy equipment. A far greater purpose in the widely expanded use of heli copters is the recovery of the wounded and those downed airmen who may be captured or killed by the enemy. Such recovery is in keeping with the American tradition of putting the highest value on the life of
an individual.
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2885
I stress the role of helicopters in the war in Southeast Asia, for we support all the helicopters in the Air Force.
I have discussed the special role of air transportation, helicopters, electronics warfare equipment and armaments because I thought it would be of interest to review the unique and vital contribution which is being made to the war effort by the largest Air Force installation in Georgia.
I shall move now to some consideration of our overall work load. Within it, the amount of electronic repair and management is expand ing. The technical requirements of an increasing radar and armament role points up our need for a work force of increasing quality. Add to this the requirement to support all Air Force helicopters, all of the air-to-air missiles, some of the bombers, all the assault transports, and a large portion of the strategic transport force, and you have a gen eral indication of the importance of the work force to our military posture.
To provide the full range of support to the mission, it is necessary to assemble funds, facilities, equipment, shop workers, management, and other resources. I cannot treat all of these, but I do want to dis cuss a special influence on our work force the general educational en vironment. In terms of being able to accomplish our highly technical mission, it is the most fundamental and the most important of all. It must be of primary concern to me and to the community. Senator Rus sell and others have noted that education has been made the most im portant business of the State.
During the past year, my conviction has deepened on this point, and I feel there should be added a note of urgency to our requirement to support the educational needs of the Warner Robins work force.
The following will give you a fairly precise measure of the problem. Of 18,000 plus civilian employees:
--More than 2,500 have not gone beyond the 8th grade.
--About 2,200 additional people have some high school training but do not have a diploma.
--11,000 have completed high school or have earned a General Edu cation Diploma (which is equivalent).
--1,250 have some college but no degree.
--Some 700 have bachelor degrees. (That is a few less than we had six months ago).
--Only 39 have Master's and Doctor's degrees.
Since my command is one of five principal logistics organizations of the Air Force, let me tell you how we compare with the others with
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whom we compete for the missions of today and the missions of the future:
--We have, if not the highest, nearly the highest, percentage of people without a high school education of the five Air Force Logistic Centers.
--We have fewer people with college degrees than any of our com petitors. (We have only 4%).
A study of the kinds of work we perform and a projection of the workload have been made. Based on this study:
--We need to get a net increase of 1,600 high school graduates-- adding these to the 11,000 now employed makes a total requirement for 12,600.
--Of these 12,600 high school graduates some 5,500 should have extensive, supplemental technical training. These people should have special schooling in the basic sciences and technical and mechanical crafts. They, having such technical training, manage some of our intri cate supply, demand and purchasing problems, work as repair and quality technicians, or as aids to engineers, or technical writers, and in many other key positions.
--3,500 or more employees should have college degrees--and
--about 900 to 1,000 should be specialists with Master's degrees.
I have been very disappointed that our people who do not have college degrees are not enrolling in greater number in college programs offered in night schools. A study of the reasons discloses that the largest obstacle to greater enrollment is the residency requirement. It is not possible for our military personnel or civilian employees to obtain a degree as a result of taking local night courses which are now offered.
Training just the number of people which I have just noted will by no means supply our needs. We lose a significant number of em ployees each month as does every large business organization. Over a ten-year period we lose a number equal to our total work force. It is also certain that we will not get all of the people trained locally to come to work for us. If local schools were turning out the precise specialties we need, and if we put one out of four on our rolls, we will do well.
An enthusiastic group of state and Middle Georgia educators met with me and my staff sometime ago to review our deficiencies and goals. They have indicated a desire to meet again--and often--to plan further action. Their response is characteristic of that received from the people in the Middle Georgia area.
I compliment the citizens of these cities and counties--Warner Robins, Macon, Perry, Fort Valley, Hawkinsville, Cochran, Eastman,
WEDNESDAY, MARCH 6, 1968
2887
Dublin, Houston, Bibb, Peach, Pulaski, Dodge, Bleckley, Jones, Laurens. We realize the value of their support and good will. They realize the key defense role of Robins Air Force Base. We depend on the support of these public officials, the press, other business and industry leaders --and we get it: cordial support in the most gracious Georgia tradition.
You will recall that I mentioned at the very outset your concern and ours for the future. I have pointed out a few of the educational problems that lie in the future. There is time to respond in such a way as to minimize these problems--to the benefit of the community and the defense effort.
Our program should be two-pronged: first, continuing to increase the education level of the 18,000 civilians we now have and second, hiring from among the more highly trained young people our schools are producing. We need your support in both cases.
I have proposed some specific actions to Middle Georgia leaders. There are others that can be completed only with the full knowledge and support of this great body. I believe these projects are necessary:
--An on-base or nearby vocational training center to develop skills related to our present and future needs;
--A state-sponsored, degree-granting institution in the area offer ing degrees in hard core engineering and scientific subjects;
--Graduate level courses in engineering and scientific disciplines;
--Adequate library facilities to support the level of education pro posed.
Bringing these important training and educational opportunities into being will surely be no easy task. I feel, just as surely, that accom plishing them will in the end be so rewarding to all that a way will be found to do so.
It is not my purpose now--or ever--to attempt to dictate com munity response to the needs of my command. It is my purpose--and a serious obligation which I feel--to advise all who are responsible and who have authority for community and regional affairs, of these needs.
They will know and you will know how best to achieve the proper goals. I pledge the full support of Robins Air Force Base to this end.
I am grateful for your generous hospitality and wish you every success as the result of your labors in this session.
Under the general order of business established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
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HB 1612. By Messrs. Douglas of the 60th and Rowland of the 48th:
A Bill to be entitled an Act to amend the Uniform Commercial Code, so as to amend Code Section 109A-9-307 relating to the protection of buyers of goods so as to provide that a commission merchant, auctioneer or other agent, who without actual knowledge, shall sell goods for an other for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the goods where the sale is made in the ordinary course of business; and for other purposes.
The following amendment was read and adopted:
The Special Judiciary Committee moves to amend HB 1612 as follows:
(1) By striking from the Title the words: "or other agent" and by
(2) By striking from Section 1 the words "or other agent" and by
(3) By adding between the words "Commission Merchant" and the word "Auctioneer" in Section 1 the word "or".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
I
On the passage of the Bill, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 189. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act making comprehensive provision for tax administration of Georgia and creating the Depart ment of Revenue and the office of State Revenue Commissioner, so as to change the compensation of the State Revenue Commissioner; and for other purposes.
The following amendment was read and adopted:
The Committee on State of Republic moves to amend SB 189 by striking the figures "$22,500.00" and inserting in lieu thereof the fig ures "$25,000.00".
WEDNESDAY, MARCH 6, 1968
2889
Mr. Lewis of the 50th moved that SB 189 and all amendments thereto be tabled.
The motion was lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Barber Bennett Berry, C. E. Black Blalock Brantley, H. H. Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Collins, M. Colwell Conner Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Dean Dillon Doster Douglas Edwards Egan Farmer
Gay Gaynor Grahl Graves Gunter Hall Hamilton Harris, J. R. Harris, R. W.
Hill Holder Hood Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, M. Kaylor Kirksey Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. S. Leonard Levitas Lowrey Mason Matthews, C. Mauldin McClatchey McCracken Melton Merritt Miller Mixon Moreland Murphy Nash Newton Northcutt Oglesby Otwell Palmer Paris
Parker, H. W. Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Russell Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, J. R. Smith, V. T. Snow Starnes Steis Thompson, R. Threadgill Townsend Turner Vaughn, C. R. Walling Ward Wells Whaley Wiggins Williams
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Those voting in the negative were Messrs.:
Anderson Ballard Berry, J. K. Cato Cole Crowe, William Davis Dickinson Dixon
Dorminy Funk Harris, J. F. Howard Knapp Lee, W. J (Bill) Lewis Malone Nimmer
Parrish Rush Smith, W. L. Sweat Tye Vaughan, D. N. Wamble Westlake Wood
Those not voting were Messrs.:
Barfield Battle Bond Bostick Bo wen Branch Brantley, H. L. Bray Buck Chandler Cheeks Clarke Collins, J. F. Cook Cooper, B. DeLong Dent Dodson Dollar Fallin Farrar Fleming
Floyd Gary Gignilliat Grier Hadaway Hale Hargrett Harrington Harrison Henderson Higginbotham Jenkins Jones, C. M. Jordan, G. Jordan, W. H. Lambert Leggett Longino Lovell Magoon Matthews, D. R. Maxwell
McDaniell Moate Moore, Don C. Moore, J. H. Mullinax Nessmith Odom Pafford Parker, C. A. Peterson Sherman Smith, G. W. Stalnaker Sullivan Thompson, A. W. Tucker Underwood Ware Wilson, J. M. Wilson, R. W. Winkles Mr. Speaker
On the passage of the Bill, as amended, the ayes were 112, nays 27.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Gary of the 35th stated that he had been called from the floor of the House when the roll was called on SB 189, as amended, but had he been present would have voted "nay".
HB 1549. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend Code Section 56-1310 (2) relating to the power of municipal corporations to impose and collect a tax on
WEDNESDAY, MARCH 6, 1968
2891
gross direct premiums of life insurance companies, so as to provide that such tax shall be based solely upon such gross direct premiums as are received during the preceding calendar year; 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1655. By Mr. Paris of the 23rd:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for the confinement of federal prisoners in institutions operated under the jurisdiction of the State Board of Corrections; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 247. By Senators Hall of the 52nd and Plunkett of the 30th:
A Bill to be entitled an Act known as the "Minimum Foundation Pro gram of Education Act", so as to change the provisions relating to the allotment of teachers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 177, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
2892
JOURNAL OF THE HOUSE,
The following Bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference thereon:
HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd: A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-1968 and 1968-1969, generally known as the General Appropriations Act; and for other purposes.
The following report of the Committee of Conference was read:
Conference Committee Report on HB 960.
The Conference Committee appointed on HB 960 recommends that the Senate and the House of Representatives both recede from their positions and that HB 960 as passed by the Senate be adopted with the following changes:
ARTICLE I
Section 6. By striking from Subsection M of Section 46 the figure "$3,071,549.00" and inserting in lieu thereof the figure $3,198,549.00", and by adding at the end thereof the following:
"Capital Outlay-~----$2,070,500.00".
By adding a new section to be known as Section 6C to read as follows:
"Section 6C. Said Act is further amended by striking from Section 1, relating to the legislative branch, the following:
'1967-68___________-$2,900,000.00'
and inserting in lieu thereof the following:
'1967-68----_-_-$3,275,000.00'".
Section 7. By striking the figure "$782,200,237.90" and in serting in lieu thereof the figure "$782,702,237.90".
ARTICLE II
By striking from Section 1 the figure "$2,900,000.00" and in serting in lieu thereof the figure "$2,525,000.00", and by adding at the end of Section 1 the following:
"Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of
WEDNESDAY, MARCH 6, 1968
2893
funds appropriated to the legislative branch of government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the legislative branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the legislative branch of government with a view towards de termining which are legitimate legislative expenses and which should be paid for from other appropriations."
By striking from Section IDA the figure "$100,000.00" and inserting in lieu thereof the figure "$150,000.00".
By striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:
"Section 14. Georgia Historical Commission.
1968-69---------$392,000.00".
By striking from Section 15A the following:
"Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Capital Outlay....------$363,000.00"
By striking from Section 15D the figure "$113,000.00" and inserting in lieu thereof the figure "$85,000.00", and by striking the following:
"Provided that from the above amount $28,000.00 shall be for additions to the Welcome Center in Catoosa County.", and by adding at the end of Section 15D the following:
"Provided that the allocations to objects in the Budget Re port shall be changed to read as follows:
Capital Outlay--.....__$335,000.00".
By striking Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows:
"Section 27. Science and Technology Commission.
1968-69------$55,450.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Personal Services...___....$46,500.00
2894
JOURNAL OP THE HOUSE,
Operating Expenses._------$8,950.00".
By striking from Section 28A the last proviso and inserting in lieu thereof the following:
"Provided, further, that of the above amount, $10,000.00 in operating expenses may be used to purchase and ship Georgia State flags to Georgia servicemen serving overseas.".
By striking from Section 34G (a) the figure "$1,587,200.00" and inserting in lieu thereof the figure "$1,462,200.00", and by striking the figure "$367,500.00" and inserting in lieu thereof the figure "$242,500.00", and by striking the following:
"Provided that of the above appropriation, $125,000.00 is hereby allocated for Houston Lake State Park in Houston County, if $25,000.00 is furnished either in money or services from local sources and if $150,000.00 is furnished from Federal funds.".
and by adding at the end thereof the following:
"Provided that no land shall be purchased for State park purposes without the approval of the State Properties Acquisi tion Commission.".
By striking from Section 34G (b) the figure "$1,116,000.00" and inserting in lieu thereof the figure "$1,166,000.00", and by striking- the figure "$100,000.00" and inserting in lieu thereof the figure "$150,000.00".
By striking from Section 34G (c) the figure "$1,050,000.00" and inserting in lieu thereof the figure "$1,000,000.00".
By striking from Section 46B the figure "$2,090,790.00" and inserting in lieu thereof the figure "$1,652,693.00", and by strik ing the figure "$553,450.00" and inserting in lieu thereof the figure "$539,500.00".
By striking Section 46N in its entirety and inserting in lieu thereof a new Section 46N to read as follows:
"N. Hospital--Rome and Columbus.
1968-69.---....---$150,000.00
Provided that the above is hereby appropriated for archi tects, plans, specifications and other related items in connec tion with the hospitals at Rome and Columbus.".
WEDNESDAY, MARCH 6, 1968
2895
By striking from Section 54 the figure "$860,079,427.90" and inserting in lieu thereof the figure "$859,345,453.90".
Respectfully submitted
FOR THE SENATE
Frank E. Coggin Senator, 35th District
A. W. Holloway Senator, 12th District
Lamar R. Plunkett Senator, 30th District
FOR THE HOUSE OF REPRESENTATIVES
George D. Busbee Representative, 79th District
James H. Floyd Representative, 7th District
Thomas B. Murphy Representative, 26th District
Mr. Williams of the 16th moved that the report of the Committee of Con ference be adopted.
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 Bennett
Berry, C. E. 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 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 Fleming
2896
JOURNAL OF THE HOUSE,
Floyd Funk Gary
Gay
Gaynor Gignilliat Grahl Graves Grier
Gunter Hale Hall Hamilton Hargrett Harrington Harris, J. R.
Harris, R. W. Henderson Higginbotham Hill
Holder Hood Howard
Howell Johnson, A. S. Johnson, B.
Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey
Knapp Lambros
Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.
Leggett Le vitas Lewis
Longino
Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R.
Mauldin Maxwell
McClatchey McCracken McDaniell
Melton Merritt 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
Russell Savage Scarlett Sherman Shields Shuman
Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Starnes
Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend
Tucker Turner Tye Underwood
Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward
Ware Wells Westlake
Whaley Williams Wilson, J. M. Wilson, R. W.
Winkles Wood
Those voting- in the negative were Mr. Leonard and Mr. Moore, Don C.
Those not voting were Messrs.:
Blalock Bray Farmer Farrar Hadaway Harris, J. F. Harrison
Hutchinson Jenkins Jordan, G. Laite Lambert Magoon Miller
Shanahan Simmons Snow Stalnaker
Wiggins Mr. Speaker
WEDNESDAY, MARCH 6, 1968
2897
On the motion, the ayes were 183, nays 2,
The report of the Committee of Conference on HB 960 was adopted.
Messrs. Stalnaker of the 59th, Shanahan of the 8th and Simmons of the 9th stated that they had been called from the floor of the House when the roll was called, but had they been present would have voted "aye" on the adoption of the report of the Committee of Conference on HB 960.
The Speaker announced the House recessed until 1:25 o'clock, P. M.
AFTERNOON SESSION
The Speaker called the House to order.
The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules met and fixed a supplemental calendar for today's business, Wednesday, March 6, 1968 by adding and submitting the following:
HR 398- 912. Department of Industry and Tourism, create
HB 1021. Teachers' Retirement, benefit changes
HB 1311. Pornographic material, unlawful to sell
SB
199. Georgia Administrative Procedure Act
SB
202. Board of Pardons and Paroles, rule making purposes
SB
218. Commission on the Arts
(Reconsidered)
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, BUSBEE OF THE 79TH VICE-CHAIRMAN
The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
2898 Mr. Speaker:
JOURNAL OF THE HOUSE,
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 1129. By Mr. Kaylor of the 4th:
A Bill to amend an Act creating the office of Commissioner of roads and Revenues of Fannin County, so as to change the compensation of said commissioners; and for other purposes.
HB 1414. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act placing the tax commissioner of Houston County upon an annual salary, so as to provide that the arbitration committee shall be composed of the senior judge of the superior court or his dele gate, the solicitor-general, senator and members of the House of Rep resentatives from Houston County; and for other purposes.
HB 1415. Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, so as to provide that the arbitration com mittee shall be composed of the senior judge of the superior court or a judge, the solicitor-general, senator and members of the House of Rep resentatives from Houston County; and for other purposes.
HB 1416. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act placing the sheriff of Houston County upon an annual salary, so as to provide that the arbitration committee shall be composed of the senior judge of the superior court of Houston County or a judge designated by the senior judge, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes.
HB 1417. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act placing the ordinary of Houston County on an annual salary, so as to provide that the arbitration committee shall be composed of the senior judge of the superior court or a judge designated by the senior judge, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes.
HB 1501. By Messrs. Chandler and Harrington of the 47th:
A Bill to abolish the present method of compensating the tax collector and tax receiver of Baldwin County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; and for other purposes.
WEDNESDAY, MARCH 6, 1968
2899
HB 1518. By Mr. Colling of the 62nd:
A Bill to create a new charter for the City of Vidalia in the County of Toombs; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
SB 420. By Senator Minish of the 48th:
A Bill to abolish the present mode of compensating the solicitor general of the Piedmont Judicial Circuit, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, and other emoluments shall become the property of the counties comprising said circuit; to repeal conflicting laws; and for other purposes.
The Senate insists on its amendments to the following Bill of the House, to-wit:
HB 1051. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th, and Underwood of the 61st:
A Bill to amend Title 34 of the Code of Georgia, relating to elections, so as to provide for additional deputy registrars; to provide that certain tax commissioners or tax collectors shall be a deputy to certain boards of registrars; and for other purposes.
The Senate has agreed to the House Substitute to the following Bills of the Senate, to-wit:
SB 214. By Senator Lee of the 47th:
A Bill to provide a different statute of limitations on any action, whether in contract (oral or written, sealed or unsealed), in tort or otherwise; to repeal conflicting laws; and for other purposes.
SB 186. By Senators Wesberry of the 37th, Holley of the 22nd and Johnson of the 42nd:
A Bill to amend Code Sections 84-211 and 84-213, relating to registration of non-resident accountants, as amended; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
SB 398. By Senator Spinks of the 9th:
A Bill to amend an Act regulating the occupation of cosmetology, creat ing the Georgia State Board of Cosmetology, so as to change the quali-
2900
JOURNAL OF THE HOUSE,
fications of members of the Georgia State Board of Cosmetology; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:
SB 363. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act pertaining to the State Highway Department of Georgia paying or participating in the payment of the cost of relocating certain utility lines; to repeal conflicting laws; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1302. By Messrs. Rainey of the 69th, Grahl of the 52nd, Dickinson of the 27th, Harrison of the 98th, Doster of the 73rd and others: A Bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Com mission so as to provide that the ownership, jurisdiction over and control of all wildlife shall be in the State of Georgia in its sovereign capacity; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 250. By Messrs. Westlake, Higginbotham and Davis of the 119th and Smith of the 117th: A Bill to provide for a bond accountability procedure for certain counties, and for other purposes.
The Senate recedes from its amendment to the following Bills of the House, to-wit:
HB 981. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th, and Sherman of the 105th: A Bill to amend an Act entitled "An Act to make it unlawful to park or leave unattended any vehicle upon the right-of-way of any State high way for over 48 hours; to prohibit the erection of signs or obstructions on the right-of-way of any State Highway", so as to remove the provi sions granting sellers of fruit, nuts and/or vegetables an exemption from the operation of this Act; and for other purposes.
WEDNESDAY, MARCH 6, 1968
2901
HB 1409. By Mr. Nimmer of the 84th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, and the Tax Commissioner of Brantley County, known as the fee system; to provide in lieu thereof annual sal aries for such officers; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:
SR 251. By Senator Spinks of the 9th:
A Resolution clarifying and changing the Jefferson Davis Memorial Highway; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 940. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to amend Code Title 13 known as the "Banking Law" of Georgia so as to remove the provisions relating to private banks and bankers; to change the distance between the location of a bank office or bank facility and a parent bank; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 397. By Senator Spinks of the 9th:
A Bill to amend an Act known as the "Georgia Securities Act", so as to redefine insurance or endowment policies or annuity contracts which shall not constitute "Securities" as such term is used in the Georgia Securities Act; to repeal conflicting laws; and for other purposes.
SB 417. By Senator Coggin of the 35th:
A Bill to amend an Act regulating traffic on the streets and highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Session, p. 556). as amended; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 396. By Mr. Spinks of the 9th:
A Bill to amend an Act known as the "Georgia Insurance Code", so as to define the terms "Variable Annuity Contract"; to provide authority
2902
JOURNAL OF THE HOUSE,
for the establishment of separate accounts by domestic life insurance companies in accordance with the terms of a Variable Annuity Contract in connection with pension, retirement or profit-Sharing plans, or an nuities providing benefits payable in fixed or variable dollar amounts, or in both, and for other purposes.
SB 419. By Senators Smith of the 18th, Holloway of the 15th, Minish of the 48th and Dean of the 6th:
A Bill to amend an Act creating the State Planning and Programming Bureau, so as to change the powers, duties and responsibilities of said bureau; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit:
SR 85. By Senators Miller of the 43rd, Conway of the 41st:
A Resolution proposing an amendment to the Constitution, so as to change the procedure for selecting the official organ of DeKalb County; to provide for ratification or rejection; and for other purposes.
SR 254. By Senators Flowers of the 10th, and Kidd of the 25th:
A Resolution creating a joint committee to study state government em ployment; and for other purposes.
By unanimous consent, the following Bill and Resolution of the Senate were read the first time and referred to the committees:
SR 223. By Senator Coggin of the 35th:
A Resolution calling for certain meetings in order to promote liaison between the Congressional Delegation of the State of Georgia and the Governor and General Assembly; and for other purposes.
Referred to the Committee on State of Republic.
SB 414. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Fannin; to provide manner of their elec tion; to define their duties and powers; fix their compensation and term of office; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, MARCH 6, 1968
2903
SB 420. By Senator Minish of the 48th:
A Bill to be entitled an Act to abolish the present mode of compensating the solicitor general of the Piedmont Judicial Circuit; known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, and other emoluments shall become the property of the counties comprising said circuit; and for other purposes.
Referred to the Committee on Local Affairs.
SB 398. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend an Act regulating the occupation of cosmetology, creating the Georgia State Board of Cosmetology, so as to change the qualifications of members of the Georgia State Board of Cosmetology; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 417. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act regulating traffic on the streets and highways, so as to provide that the Governor may revoke the power of county of municipal governing authorities to enforce traffic laws, ordinances, or regulations on State and federal highways; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 397. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act", so as to redefine insurance or endowment policies or annuity contracts which shall not constitute "Securities" as such term is used in the Georgia Securities Act; and for other purposes.
Referred to the Committee on Insurance.
SR 251. By Senator Spinks of the 9th:
A Resolution clarifying and changing the Jefferson Davis Memorial Highway; and for other purposes.
Referred to the Committee on Highways.
SR 85. By Senator Miller of the 43rd:
A Resolution proposing an amendment to the Constitution, so as to change the procedure for selecting the official organ of DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.
2904
JOURNAL OF THE HOUSE,
SR 254. By Senators Flowers of the 10th and Kidd of the 25th:
A Resolution creating a joint committee to study state government em ployment; and for other purposes.
Referred to the Committee on Rules.
SB 396. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Insurance Code", so as to define the terms "Variable Annuity Contract"; and for other purposes.
Referred to the Committee on Insurance.
SB 419. By Senators Smith of the 18th, Holloway of the 12th and Minish of the 48th: A Bill to be entitled an Act to amend an Act creating the State Planning and Programming Bureau, so as to change the powers, duties and responsibilities of said bureau; and for other purposes.
Referred to the Committee on State of Republic.
The following Resolutions of the House were read and adopted:
HR 776. By Mr. Snow of the 1st:
A RESOLUTION
Authorizing the creation of an Interim Committee to study the structure and laws governing the Bureau of State Planning, and for other purposes.
WHEREAS, the State Planning Bureau was established by the General Assembly in 1967 for the purpose of coordinating state plan ning, and
WHEREAS, the State Planning Bureau performs important func tions in the area of coordinating Federal programs and planning for departments of state government; and
WHEREAS, the State Planning Bureau cooperates and works with the Area Planning and Development Commissions in state planning on an area or regional basis; and
WHEREAS, the General Assembly, is desirous of reviewing and studying the present laws concerning the State Planning Bureau; and
WHEREAS, the effectiveness and the purposes for which the State Planning Bureau was created should be reviewed.
WEDNESDAY, MARCH 6, 1968
2905
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a State Planning Bureau Study Committee to be composed of seven members of the House appointed by the Speaker of the House. The Chairman of the Committee shall be appointed by the Speaker of the House.
The Committee shall conduct a study of the present laws governing the operation of the State Planning Bureau. The Committee shall study the present structure of the State Planning Bureau and review its responsibilities and programs. The Committee shall hold such meetings at such times and at such places as necessary to conduct its study. It may do all other things consistent with this resolution which are neces sary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The members of the Committee shall receive the same ex pense, mileage and travel allowances authorized for legislative members of interim legislative committees.
The Committee shall make its report, including any recommenda tions for legislation, to the General Assembly not later than December 1, 1968. The funds necessary to carry out the purposes of this resolution shall come from funds appropriated to or available to the legislative branch of the government.
HR 834. By Messrs. Dailey of the 66th, Chandler of the 47th and Rush of the 75th:
A RESOLUTION
Authorizing the Standing State Institutions and Property Sub committee on Penal Institutions to function after final adjournment of the 1968 regular session of the General Assembly; and for other pur poses.
WHEREAS, the State of Georgia has made substantial progress in the field of penal reform during the past few years; and
WHEREAS, there is room for much more improvement; and
WHEREAS, it is the desire of the members of this body to stay aware of the needs of the State Board of Corrections and the various penal institutions in the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Standing State Institutions and Property Subcommittee is hereby authorized to function after final adjournment of the 1968 regular session of the General Assembly. The subcommittee shall be authorized to function for a period to be determined by the Speaker of the House of Representatives. The subcommittee shall be authorized to investigate, study and evaluate the operations of all penal institutions in the State of Georgia, to study the penal laws of the State of Georgia and other states, and to perform such other duties as may be directed by the Speaker of the House. The State Board of Corrections
2906
JOURNAL OF THE HOUSE,
shall cooperate with the subcommittee to the fullest extent during its deliberations. The subcommittee 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. The members of the subcommittee shall receive the allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The subcommittee shall make a report of its findings to the 1969 Session of the General Assembly.
HR 840. By Messrs. Miller of the 108th, Ragland of the 109th, Northcutt, Lee and Gary of the 35th, Longino of the 122nd and many, many others:
A RESOLUTION
Expressing appreciation to Mr. William E. "Bill" Birdsong; and for other purposes.
WHEREAS, Mr. William E. "Bill" Birdsong has served faithfully and conscientiously as the Chief Photographer for the Georgia Depart ment of Industry and Trade; and
WHEREAS, Bill Birdsong, as an extra duty has performed the function and service of photographer for the House of Representatives; and
WHEREAS, Bill Birdsong has exhibited outstanding devotion and loyalty to the Department of Industry and Trade and to the State of Georgia; and
WHEREAS, Bill Birdsong has on many occasions during the General Assembly Session served above and beyond the call of normal duty; and
WHEREAS, Bill Birdsong has expressed the loyalty and conscious ness which has made him our warm friend and associate.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincere thanks and appreciation are hereby expressed and offered to our friend, Mr. William E. "Bill" Birdsong.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mr. William E. "Bill" Birdsong.
WEDNESDAY, MARCH 6, 1968
2907
HR 841. By Messrs. Smith of the 54th and Barber of the 24th:
A RESOLUTION
Commending Honorable Frank M. Hughes; and for other purposes.
WHEREAS, Honorable Frank M. Hughes, Executive Secretary of the Georgia Education Association since March 17, 1956, will leave that position and become Executive Secretary Emeritus on June 1, 1968, and will completely retire on October 1, 1969; and
WHEREAS, he was born June 22, 1904, in Calhoun, Gordon County, Georgia, graduated from high school in Calhoun and received his A.B. and M.S. Degrees in Education from the University of Georgia; and
WHEREAS, he is married to the former Leah Staples, and they are the parents of a daughter, Mrs. Roy B. Campbell, and two sons, Frank M. Hughes, Jr. and Staples S. Hughes; and
WHEREAS, he is a past President of the Lions Club, past District Director, Lions International, and has been active in the civic affairs of his community, including work with Civil Defense, TB Association and March of Dimes, and was elected in 1951 as Cook County's Man of the Year; and
WHEREAS, he is past Principal, Oostanaula Consolidated School and Calhoun High School; past Member, Georgia High School Associ ation State Executive Committee; past President, Eighth District High School Association; past Superintendent, Sparks-Adel High School and Cook County Schools; past Eighth District Director, Georiga Education Association; past President, Georgia Education Association; Life Mem ber: PTA, GEA, and NEA; Member: Kappa Phi Kappa and Phi Sigma Sigma; GEA Executive Secretary since March 1956; and
WHEREAS, during the time he has served as Executive Secretary of the Georgia Education Association, the average salary of Georgia teachers has risen from $3,127 to $7,025, an increase of 123%, and retirement on average salary has increased from $1,434 to approximately $4,700, or more than 200%; and
WHEREAS, he has rendered dedicated service to the teachers of this State, and under his guidance, the Georgia Education Association has made tremendous strides and progress.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby offered to Honorable Frank M. Hughes, Executive Secretary of the Georgia Education Association, for the outstanding service he has rendered to that Association and to the teachers of this State, and he is hereby commended for his efforts and activities in behalf of better education for the children of Georgia. The members of the body hereby wish for him a long and happy retirement, which is well deserved.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Honorable Frank M. Hughes.
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HR 842. By Messr. Lewis of the 50th, Fleming and Maxwell of the 106th, Phillips
of the 41st, Sherman and DeLong of the 105th, Cheeks and Dent of the 104th:
A RESOLUTION
Commending Solicitor General George Hains; and for other purposes.
WHEREAS, Solicitor General George Hains of the Augusta Judicial Circuit is retiring at the end of his present term after a long and dis tinguished career as one of the most outstanding public officials in the State of Georgia; and
WHEREAS, he first became Solicitor General in 1923 and has Serve'3 with extraordinary ability and dedication continuously since that time; and
WHEREAS, he is well known and held in the highest esteem by people throughout the State of Georgia; and
WHEREAS, he received his A.B. from the University of Georgia and his LL.B. degree from Yale and ia an outstanding legal scholar; and
WHEREAS, he served with distinction as the former Director of the Athletic Board of the University of Georgia, as a former member of the Board of Regents, as President of the Solicitors General Asso ciation of Georgia and has held many other positions of honor and trust; and
WHEREAS, during the Mexican Incident of 1916, he was Com manding Officer of the Richmond Light Infantry National Guard and served on the Mexican Border; and
WHEREAS, he later served in France during World War I, and graduated from the General Staff College of the American Expeditionary Forces and was cited for gallantry in action; and
WHEREAS, he is a native of Augusta, Georgia and his career of public service is one in which all Georgians may take pride.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby heartily commend Honorable George Hains, Solicitor General of the Augusta Judicial Circuit for his remarkable ability and for his many years of outstanding
service to the people of Georgia.
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 George Hains, Solicitor General of the Augusta Judicial Circuit.
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2909
HE 843. By Messrs. Lewis of the 50th, Parker of the 55th, Cooper and Williams of the 16th:
A RESOLUTION
Expressing appreciation to the men in the United States Armed Forces; and for other purposes.
WHEREAS, many thousands of our finest young men are presently serving in the Armed Forces of the United States; and
WHEREAS, these young men are dedicated to their Country and to the ideals and principles for which it stands; and
WHEREAS, over one-half million of our servicemen are presently on duty in Vietnam fighting the spread of Communism and defending the right of the Vietnamese people to live with freedom and dignity; and
WHEREAS, some of those fine young men are daily paying the supreme sacrifice in the struggle against Communist aggression in Vietnam.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their sincere appreciation to the men of the United States Armed Forces for their bravery and devotion to duty in serving their Country.
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 Lyndon Baines Johnson, President of the United States; Honorable Clark P. Clifford, Secretary of Defense; and to each member of the Georgia delegation to the United States Congress.
HR 844. By Mr. Barber of the 24th:
A RESOLUTION THANKING AND COMMENDING DR. HENRY C. PEPPER FOR HIS CONTRIBUTIONS TO THE PROGRESS OF THE GENERAL ASSEMBLY AND THE PEOPLE OF GEORGIA.
WHEREAS, Dr. Henry C. Pepper, Professor of Economics at Georgia State College, is retiring at the end of the winter quarter after seventeen years service in the University System of Georgia; and
WHEREAS, throughout this period and more particularly while Chairman of the Department of Public Administration at Georgia State College from 1952 to 1955 he worked closely with the General Assembly; and
WHEREAS, he was instrumental in developing important objectives for improvement of the legislative process, as set forth in his mono-
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graph published in 1955, entitled "THE LEGISLATIVE PROCESS IN GEORGIA"; and
WHEREAS, he personally initiated without compensation and through strenuous effort, the first daily status sheet for the convenience of Members of the House of Representatives; and
WHEREAS, he contributed significantly to many other innovations which have improved the legislative process; and
WHEREAS, the General Assembly in years to come will be the beneficiary of his thought and efforts; and
WHEREAS, he is moving to Missouri where he will be visiting professor of Political Science at Southeastern Missouri State College, Cape Girardeau, Missouri;
NOW THEREFORE, BE IT RESOLVED by the House of Repre sentatives:
That the House of Representatives of the General Assembly does hereby commend and thank Dr. Henry C. Pepper for his important work in Georgia, and does hereby wish him long life and happiness, and con tinued constructive leadership in his professional field.
BE IT FURTHER RESOLVED, that a copy of this Resolution be furnished to Dr. Henry C. Pepper.
HE 845. By Mr. Funk of the 116th:
A RESOLUTION
Creating an interim study committee to study the attainment of the high school graduates after entering the schools of the University System of Georgia; and for other purposes.
WHEREAS, at the present time, there is no method for determining the attainment of the high school graduates from the schools in this State after such graduates have entered the various schools and colleges of the University System of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to study the attainment of the high school graduates after entering the schools of the University System of Georgia, which shall consist of as many members of the House of Representatives as appointed by the Speaker thereof.
BE IT FURTHER RESOLVED that the members of the Commit tee shall receive the allowances authorized to legislative members of interim legislative committees for as many days as authorized by the
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2911
Speaker. Such allowances and any other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or made available to the legislative branch of government. The Com mittee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time the said Committee shall stand abolished.
HR 846. By Mr. Jones of the 112th:
A RESOLUTION
Commending Mac Molnar; and for other purposes.
WHEREAS, Mac Molnar is a student at Clubview School in Colum bus, Georgia; and
WHEREAS, Mac Molnar won second place in the Elementary School Division of the Third District Georgia Science Fair.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mac Molnar for his outstanding accomplishments in the field of science.
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 Mae Molnar, to his parents Dr. and Mrs. C. M. Molnar, and to Clubview School.
HR 847. By Mr. Daugherty of the 134th:
A RESOLUTION
Congratulating the Henry McNeal Turner High School Basketball Team; and for other purposes.
WHEREAS, the Henry McNeal Turner High School Basketball Team has recently completed an outstanding season by winning the Region 3, AAA Basketball Championship; and
WHEREAS, Turner High School won the State Consolation AAA runner-up; along with Albany High School; and
WHEREAS, one of the most thrilling games at the recently con cluded basketball tournament at Alexander Memorial Coliseum was be tween Albany High School and Turner High School which Turner won by the score of 41 to 39; and
WHEREAS, the names of the members of this outstanding high school basketball team are as follows: Kenneth Beasley, Macey Best,
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Donald Evens, Milton Howard, Johnnie Jones, Dudley Morton, Richard Ricks, Aaron Spivey, Jesse Stephens and Robert Williams; and
WHEREAS, Head Coach George Gray and Assistant Coach Steve Daniels displayed outstanding skill and ability in developing the 1968 Turner High School Basketball Team; and
WHEREAS, the members of the team displayed extra-ordinary skill, spirit and dedication during the season.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby heartily commend and congratulate each member of the Henry McNeal Turner High School Basketball Team, Head Coach George Gray, and Assistant Coach Steve Daniels for the outstanding record achieved during the 1968 season and for winning the Region 3, AAA Championship.
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 each member of the Henry McNeal Turner High School Basketball Team; Head Coach George Gray; As sistant Coach Steve Daniels; Mr. Raymond Williams, Athletic Director; and Mr. Daniel F. Davis, Principal, Henry McNeal Turner High School.
HR 848. By Mr. Jones of the 112th:
A RESOLUTION
Commending Miss Cindy Taylor; and for other purposes.
WHEREAS, Miss Cindy Taylor is a student at Clubview School in Columbus, Georgia; and
WHEREAS, Miss Cindy Taylor won third place in the Elementary School Division of the Third District Georgia Science Fair.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Miss Cindy Taylor for her outstanding accomplishments in the field of science.
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 Bliss Cindy Taylor, to her parents, Dr. and Mrs. William M. Taylor, and to Clubview School.
HR 849. By Mr. Jones of the 112th: A RESOLUTION
Commending Charles Payne; and for other purposes.
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2913
WHEREAS, Charles Payne is a student at Clubview School in Columbus, Georgia; and
WHEREAS, Charles Payne was the Sweepstakes winner in the Elementary School Division of the Third District Georgia Science Fair.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Charles Payne for his outstanding accomplishments in the field of science.
BE IT FURTHER RESOLVED that it is only proper that the Clerk of the House of Representatives be authorized to forward an appropriate copy of this Resolution to Charles Payne and to his parents, Mr. and Mrs. Charles Lee Payne, Jr., and to Clubview School.
HR 850. By Mr. Miller of the 108th:
A RESOLUTION
Expressing appreciation to Mr. J. P. McCarthy and Mr. Ray DeYoung of the Lockheed Georgia Company; and for other purposes.
WHEREAS, Mr. J. P. McCarthy, Director of Material, and Mr. Ray DeYoung, Chief of Maintainability and A.G.E. Design were most gracious in extending a special invitation to certain members of the General Assembly to attend the C-5 Rollout Ceremony; and
WHEREAS, through the courtesies and thoughtfulness extended by Mr. DeYoung, these members of the General Assembly had the honor and pleasure of participating in this amount of history; and
WHEREAS, those members of the General Assembly so honored do hereby wish to express their appreciation and congratulations on the accomplishment of the Lockheed Georgia Company.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincere thanks, appreciation and congratula tions are hereby expressed to Mr. J. P. McCarthy, Mr. Ray DeYoung and the Management and Personnel of the Lockheed Georgia Company.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mr. J. P. McCarthy.
HR 851. By Messrs. Miller of the 108th, Laite, Ragland and Knapp of the 109th:
A RESOLUTION
Expressing appreciation to Mr. Tim Dobbs, Mr. Bill Tribble, Mr. Dick Johnson, the News and Public Affairs Departments, the Manage-
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ment and Staff of WMAZ Radio and Television, Macon, Georgia; and for other purposes.
WHEREAS, the News and Public Affairs Departments of WMAZ Radio and Television have exhibited an outstanding spirit of public service in reporting the events of the General Assembly of Georgia; and
WHEREAS, the News and Public Affairs Departments of WMAZ Radio and Television have provided public service program time to the members of the Bibb County Legislative Delegation to permit free and open reporting to the citizens they serve; and
WHEREAS, the News and Public Affairs Departments of WMAZ Radio and Television have, through their unselfish public service, pro vided to the citizens of the Greater Middle Georgia area complete and comprehensive coverage of the Legislative Session of 1968.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that we do hereby express our gratitude and appreciation for this outstanding public service to the News, Public Affairs Departments and to the entire Management and Staff of WMAZ Radio and Television in Macon, Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the General Manager of WMAZ Radio and Television.
HR 852. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd:
A RESOLUTION
Requesting the Governor to designate the week of April 20 through April 27, 1968, as "Cobb County Rehabilitation Week", in Cobb County, Georgia; and for other purposes.
WHEREAS, the Governing Authority of each municipality in Cobb County and the Governing Authority of Cobb County are aware of the need for beautifying Cobb County; and
WHEREAS, it is imperative that the citizens of Cobb County be aware of the need for beautifying Cobb County; and
WHEREAS, the Cobb County Beautification Committee has desig nated the week of April 20 through April 27 as "Cobb County Beauti fication Week".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby respect fully request and urge his Excellency, Governor Lester G. Maddox, to
WEDNESDAY, MARCH 6, 1968
2915
designate the week of April 20 through April 27, 1968, as the "Cobb County Beautification Week", in Cobb County, Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Governor Maddox and the Governing Authority of Cobb County.
HR 853. By Mr. Laite of the 109th:
A RESOLUTION
Commending Boy Scout Troop No. 5, Ingleside Community, Pied mont District, Macon, Georgia; and for other purposes.
WHEREAS, Troop No. 5, Ingleside Community, Piedmont District, Macon, Georgia, has proven itself to be one of the most outstanding Boy Scout Troops in the State of Georgia; and
WHEREAS, the individual members of the troop have adhered to the highest principles of scoutmanship; and
WHEREAS, said members have been active in community projects and have set outstanding examples for the other young men of their community; and
WHEREAS, Troop No. 5 is led by Scoutmasters Harvey Brown and Ace Lambert and Assistant Scoutmaster Bill Argo, Sr.; and
WHEREAS, the following Scouts compose Troop No. 5: John Ott, Joe Ott, Warren Ott, Randy Elliott, Harry Colbert, Jim Carlton, Dan Moody, Brad Bradley, Freddy Hefner, Ed Hamlin, Pat Sheridan, Bill Fickling, Jeff Jones, John Hanberry, Willis Hanberry, Carry Cooper, Steve Brook, Waldo Floyd, Cubbege Snow, Randall Hammock, Bo Blos som, Ricky Home, Ben Lambert, Jay Hawking, Birch Bowdre, Bill Argo, Lewis Smith and Joe Cogbill; and
WHEREAS, Paul Chenoweth is the outstanding bugler of Troop No. 5; and
WHEREAS, Troop No. 5 officiated at the funeral of W. E. Laite, III, the son of the distinguished and able Representative from the 109th District and was a source of great comfort during a most difficult time in the lives of Representative Laite and his family.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend each and every member of Troop No. 5, Ingleside Community, Piedmont District, Macon, Georgia, and their Scoutmasters and Assistant Scoutmaster for their fine and outstanding job which they are performing as model citizens of this State.
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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 Scoutmasters Harvey Brown and Ace Lambert and Assistant Scoutmaster Bill Argo, Sr. and to each and every member of Troop No. 5.
HR 854. By Messrs. Starnes, Graves and Lowrey of the 13th, Dickinson of the 27th, Palmer of the 117th and many others:
A RESOLUTION
Commending and congratulating Miss Rosemary Grow; and for other purposes.
WHEREAS, Miss Rosemary Grow is the personal secretary of Honorable Tommy Irwin, Executive Secretary to the Governor; and
WHEREAS, this lovely and talented young lady is being honored today by radio station WGST as "Secretary of the Day".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate Miss Grow upon being selected by radio station WGST as "Secretary of the Day" and commend her for the fine work she is doing in the Governor's office.
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 Miss Rosemary Grow.
HR 855. By Messrs. Leggett of the 21st, Lovell of the 6th, Northcutt of the 35th, Nimmer of the 84th and Magoon of the 19th:
A RESOLUTION
Commending the Honorable Joe Doale; and for other purposes.
WHEREAS, the Honorable Joe Doale in his inimitable style has again favored the members of the General Assembly with a delicious wild game supper; and
WHEREAS, the Honorable Joe Doale has demonstrated his out standing culinary talent in preparing his annual wild game supper for the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Joe Doale is hereby com mended and congratulated for his outstanding and artistic achievement of providing a memorable evening for the members of the Genera]
WEDNESDAY, MARCH 6, 1968
2917
Assembly through his preparation of the many tasty and delicious foods to he enjoyed by the members of this body at his annual wild game supper.
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 Joe Doale.
HB 856. By Mr. Poss of the 17th:
A RESOLUTION
Commending the 1967-68 Banks County High School Boys Basket ball Team and its Coach; and for other purposes.
WHEREAS, the 1967-68 Banks County High School Boys Basketball Team has just completed a most successful regular season; and
WHEREAS, this fine team won the Class "4-B" Region Champion ship and will represent their region in the State Basketball Tournament in Macon; and
WHEREAS, during the outstanding season the members of the team demonstrated the highest principles of sportsmanship and athletic achievement, and distinguished themselves by their spirit, zeal and per formance on the field of play in achieving their enviable record; and
WHEREAS, this fine team won 27 consecutive games during the 1967-68 season and is the only undefeated Boys Basketball Team in this State; and
WHEREAS, particular praise should be accorded to the Coach, Maxie Skinner, of this fine team.
NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES does hereby extend its heartiest congratulations to each and every member of the 1967-68 Banks County High School Boys Basketball Team, to its Coach and to the entire student body of Banks County High School.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to send a copy of this Resolution to the Coach, Maxie Skinner, and to the Principal of Banks County High School.
HR 857. By Messrs. Smith of the 114th, Miller of the 108th, Hargrett of the 77th, Collins of the 88th, Rowland of the 48th, Edwards of the 57th and many others:
A RESOLUTION
Commending Honorable Gerald H. Leonard; and for other purposes.
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WHEREAS, Honorable Gerald H. Leonard has served in the Georgia House of Representatives, District No. 3; and
WHEREAS, he is presently serving on the Insurance Committee, State of Republic Committee, University System of Georgia Committee and University System of Georgia Sub-Committee (Long Range Pro gram) ; and
WHEREAS, he has served the people of his district with a dedi cation above and beyond the normal call of duty; and
WHEREAS, his advice and counsel are highly valued by the other members of this body and he is known as one of the most able legislators in the General Assembly; and
WHEREAS, his timely sense of humor has often relieved the pres sure of arduous task and has brought a ray of sunlight into many dreary days.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Gerald H. Leonard for his effectiveness and timely sense of humor 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 appro priate copy of this Resolution to Honorable Gerald H. Leonard.
HR 858. By Mr. Hall of the 67th:
A RESOLUTION
Congratulating the Lee County High School Girls Basketball Team; and for other purposes.
WHEREAS, the Lee County High School Girls Basketball Team recently completed a successful season; and
WHEREAS, the team won the Class C Region Championship and will compete for the State Class C Title at the Class C Tournament in Macon; and
WHEREAS, the members of the team displayed amazing offensive and defensive talent during the past season; and
WHEREAS, these feats can only be attributed to the spirit, de termination, drive, pride and sportsmanship of these young athletes and Coach Clifford Renew; and
WHEREAS, all the citizens of Georgia, and particularly those citi zens residing in Lee County, are justly proud of these achievements.
WEDNESDAY, MARCH 6, 1968
2919
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 women of the Lee County High School Girls Basketball Team and Coach Clifford Renew 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 furnish sufficient copies of this Resolution to Honorable Goodwin Hall, Representative, 67th District, so that he may personally present a copy thereof to each member of the team and to Coach Clifford Renew.
HR 859. By Messrs. Farmer of the 29th, Cato of the 89th, Fallin of the 94th, Graves, Starnes and Lowrey of the 13th and many others:
A RESOLUTION
Commanding Honorable Don C. Moore for his dedication to the people of his district; and for other purposes.
WHEREAS, Honorable Don C. Moore has served for four years in the Georgia House of Representatives from District No. 12, Stephens County; and
WHEREAS, he is presently serving on the Auditing, Enrolling, Engrossing and Journal Committee, Education Committee, State Insti tutions and Property Committee; and
WHEREAS, he has always used a commonsense approach in advising members on the important issues facing the House of Representatives; and
WHEREAS, the members of this body hold his opinions in high esteem; and
WHEREAS, he has always been an outspoken advocate for the people of his district.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Don C. Moore for being an outspoken advocate for the people of his district and for his effectiveness as a member of this body.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to Honorable Don C. Moore.
HR 860. By Messrs. Gaynor and Smith, of the 114th, Scarlett of the 85th, Egan of the 141st, Richardson, Funk and Battle of the 116th and many, many others:
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A RESOLUTION
Congratulating the Honorable Alexander Atkinson Lawrence for being recommended for U.S. District Judge of the Southern District of Georgia; and for other purposes.
WHEREAS, the Honorable Alexander Atkinson Lawrence has re cently been recommended for U.S. District Judge of the 52-county Southern District of Georgia; and
WHEREAS, U.S. Senator Richard B. Russell announced the ex pected appointment of the Honorable Alexander Atkinson Lawrence to the District judgeship, following the retirement of Judge Frank M. Scarlett; and
WHEREAS, the appointment will officially be made by President Lyndon B. Johnson and confirmed by the U.S. Senate, although Senator Russell's recommendation is expected to be upheld according to usual
custom; and
WHEREAS, the Honorable Alexander Atkinson Lawrence is a dis tinguished Savannahian who was born December 28, 1906; he is Presi dent of the Georgia Historical Society, and past President of the Georgia Bar Association, the Savannah Bar Association, the Rotary Club of Savannah, and the Savannah Chamber of Commerce; and
WHEREAS, the Honorable Alexander Atkinson Lawrence is a Fel low of the American College of Trial Lawyers and a recipient in 1955 of the Robert W. Groves Award for philanthropic activities, and he is a member of the Society of Colonial Wars in the State of Georgia; and
WHEREAS, the Honorable Alexander Atkinson, Lawrence joined the present law firm of Bouhan, Lawrence, Williams and Levy upon his graduation Magna Cum Laude from the University of Georgia in 1929; and he is presently a senior partner in the firm; and
WHEREAS, in addition to his law practice, the Honorable Alexander Atkinson Lawrence has written numerous articles dealing with Savannah history, and he is the author of "Storm Over Savannah", "A Present for Mr. Lincoln", "James Monroe Wayne: Southern Unionist", "James
Johnson--Georgia's First Printer", and "Johnny Lebes and the Con federate Major".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby congratulates the Honor able Alexander Atkinson Lawrence on his being recommended for U.S. District Judge of the Southern District of Georgia, and this Body looks forward to the confirmation of his appointment.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable Alex ander Atkinson Lawrence, Judge, Southern District of Georgia.
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2921
The following Resolutions were read and referred to the committees:
HR 861. By Messrs. Dickinson of the 27th, Rainey of the 69th and Grahl of the 52nd:
A RESOLUTION
To create a Recreational Waters Pollution Study Committee; and for other purposes.
WHEREAS, industry and recreation are two of Georgia's greatest assets; and
WHEREAS, both are dependent on the water resources of our State to develop; and
WHEREAS, the multiple use of our water resources by industry and wildlife conservationists is becoming extremely complex; and
WHEREAS, the members of this body are in need of information in order that they might intelligently make provisions for the com patible use of such waters by both industry and conservationists.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the Recreational Waters Pollution Study Committee to be composed of ten members of the House to be appointed by the Speaker of the House of Representa tives. The committee shall make a thorough and exhaustive study into the problem of water pollution as it affects fish and fish propagation and shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time it shall stand abolished. The committee shall be authorized to meet for a period not in excess of fifteen days. The members of the committee shall receive the allowances authorized for members of interim legislative study committees. The funds necessary for the purposes of this resolution shall come from funds appropriated to or available to the legislative branch of government.
Referred to the Committee on Hygiene and Sanitation.
HR 862. By Mr. Lambros of the 130th:
A RESOLUTION
Creating the House Interim Committee to study the feasibility of merging city and county governments; and for other purposes.
WHEREAS, it has been brought to the attention of members of the House that many municipal governments in Georgia might be able to furnish taxpayers with needed services in a more efficient and economical
2922
JOURNAL OP THE HOUSE,
manner if the municipal governments were joined with the county gov ernments; and
WHEREAS, little is known of the possible effects of merger or consolidation of governments; and
WHEREAS, it would be beneficial and enlightening to the members of the General Assembly if a study were made on the subjects of city and county merger and consolidation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the House Committee to study the feasibility of merging city and county governments. The Committee shall be composed of ten members of the House to be ap pointed by the Speaker. The Committee shall make a study of city and county governments of its choosing with the view of determining whether merger or consolidation, or other form of modernizing the respective governments, would be beneficial and feasible. The Committee may consult with experts and it may study city-county mergers that have taken place in other states in order to decide what possible effects may result from the use of such plans in Georgia. The Committee shall prepare a report, and if it deems necessary, proposed legislation, on or before December 31, 1968, on which date the Committee shall stand abolished. The members of the Committee shall receive the expenses and allowances authorized to legislative members of interim legislative committees for a period of ten days, or longer if an extension is granted by the Speaker. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of the government.
Referred to Committee on Local Affairs.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on their position in amending the same:
HB 1051. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections so as to provide for additional deputy registrars; to provide that certain tax commissioners or tax collectors shall be a deputy to certain boards of registrars; and for other purposes.
Mr. Wiggins of the 32nd moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be ap pointed on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed.
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2923
The Speaker appointed as a Committee of Conference on the part of the House the following:
Messrs. McCracken of the 49th, Lambert of the 38th and Wiggins of the 32nd.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 927. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to create a new charter for the Town of Homeland, in the County of Charlton and to reincorporate said town as a city, and define its territorial limits; and for other purposes .
The following Senate amendment was read:
The Committee on County & Municipal Governments moves to amend HB 927 as follows:
By striking Section 603 in its entirety and inserting in lieu thereof a new Section 603 to read as follows:
"Section 603. Arrests. It shall be lawful for the marshal or the policeman of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the city of Homeland, which violations take place in the presence of said marshal or policemen. The marshal and police men of said city are authorized to the same extent as sheriffs of this state to execute warrants within the corporate limits of the City of Homeland placed in their hands charging any person or persons with violating any of the laws and ordinances of the City of Homeland or the criminal laws of this state. The city marshal or any policemen may take cash bonds for the appearance of any person arrested by them, for appearances before the mayor's court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tern."
Mr. Harris of the 98th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 927 was agreed to.
2924
JOURNAL OF THE HOUSE,
HB 1112. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize the mayor and council to appoint by resolution a city manager; and for other purposes.
The following Senate amendment was read:
The Committee on County & Municipal Government moves to amend HB 1112 as follows:
By inserting in the title between the word "office;" and the word "to" the following:
"to provide that the city manager shall be ineligible to hold any other elective or appointive public office or to receive a salary or expenses therefrom;"
By adding at the end of quoted Section 1A of Section 1 the following:
"The city manager shall be ineligible to hold any other elective or appointive public office or to receive a salary or expenses from any other political subdivision or public corporation.",
Mr. Harrison of the 98th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1112 was agreed to.
HB 1268. By Messrs. Smith, Cole and Leonard of the 3rd: A Bill to be entitled an Act to incorporate the City of Varnell, in the County of Whitfield; to provide for a charter for said city; and for other purposes.
The following Senate amendments were read:
The Committee moves to amend Section 1.03, paragraph D, of said bill by adding the following sentence:
"Provided, however, nothing contained herein shall be construed to confer upon the City of Varnell, Georgia, the power to condemn property already dedicated to a public use."
WEDNESDAY, MARCH 6, 1968
2925
The Committee moves to amend Section 1.04, paragraph Q, by striking paragraph Q in its entirety and relettering the remaining para graphs in said Section in alphabetical order so that paragraph R will be lettered paragraph Q; paragraph S will be lettered paragraph R; para graph T will be lettered paragraph S; paragraph U will be lettered paragraph T.
Mr. Cole of the 3rd moved that the House agree to the Senate amendments.
On the motion, the ayes were 103, nays 0.
The Senate amendments to HB 1268 were agreed to.
HB 1373. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to create the Brantley County Development Authority; to provide for issuing revenue-anticipation certificates and for the validation of such certificates; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County & Municipal Governments moves to amend HB 1373 as follows:
By adding to the end of Section 7 the following:
"The tax exemption herein provided shall not include an ex emption from sales and use taxes on property purchased by the Authority or for the use of the Authority."
Mr. Nimmer of the 84th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1373 was agreed to.
HB 1411. 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 Clayton County, so as to desig-
2926
JOURNAL OF THE HOUSE,
nate the Board of Commissioners of Roads and Revenues of Clayton County as the fiscal authority of the county; and for other purposes.
The following Senate amendment was read:
Kilpatrick of the 44th moves to amend HB 1411 by inserting after the first sentence in Section 10B of Section 2 the following:
"The comptroller shall not be covered by any provisions govern ing the Civil Service System of Clayton County."
Mr. Lee of the 35th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1411 was agreed to.
HB 1414. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the tax commis sioner of Houston County upon an annual salary, so as to provide that the arbitration committee shall be composed of the senior judge of the superior court or his delegate, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Governments moves to amend HB 1414, as follows:
By striking from the title the following:
"so as to provide that the arbitration committee which is im panelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or his delegate, the solicitor-general, senator and members of the House of Representatives from Houston County;",
and substituting in lieu thereof the following:
"so as to change the provisions relative to arbitration of budgetary disputes;".
WEDNESDAY, MARCH 6, 1968
2927
By striking in its entirety quoted Section 4, which Section is quoted in Section 1 of said Bill, and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of December after receiving the budget, the tax commissioner shall be authorized to appeal to an arbitration committee composed of the fall term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other mat ters included in said appeal. The determination made by said com mittee shall be final."
Mr. Peterson of the 59th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1414 was agreed to.
HB 1415. By Messrs. Peterson and Stalnaker of the 59th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, so as to pro vide that the arbitration committee shall be composed of the senior judge of the superior court or a judge, the solicitor-general, senator and mem bers of the House of Representatives from Houston County; and for other purposes.
The following Senate amendment was read:
The Committee on County & Municipal Governments moves to amend HB 1415, as follows:
By striking from the title the following:
"so as to provide that the arbitration committee which is im panelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge designated by said senior judge, the solicitor-general, senator and members of the House of Representatives from Houston County;",
and substituting in lieu thereof the following:
"so as to change the provisions relative to arbitration of bud getary disputes;".
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JOURNAL OF THE HOUSE,
By striking in its entirety quoted Section 4, which Section is quoted in Section 1 of said Bill, and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of December after receiving the budget, the clerk shall be authorized to appeal to an arbitration committee composed of the fall term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final."
Mr. Peterson of the 59th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1415 was agreed to.
HB 1416. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Houston County upon an annual salary, so as to provide that the arbi tration committee shall be composed of the senior judge of the superior court of Houston County or a judge designated by the senior judge, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes .
The following Senate amendment was read:
The Committee on County & Municipal Governments moves to amend HB 1416, as follows:
By striking from the title the following:
"so as to provide that the arbitration committee which is im paneled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge designated by the senior judge, the solicitor-general, senator and members of the House of Representatives from Houston County;",
and substituting in lieu thereof the following:
"so as to change the provisions relative to arbitration of bud getary disputes;".
WEDNESDAY, MARCH 6, 1968
2929
By striking in its entirety quoted Section 4, which Section is quoted in Section 1 of said Bill, and substituting in lieu thereof a new Section
4 to read as follows:
"Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of December after receiving the budget, the sheriff shall be authorized to appeal to an arbi tration committee composed of the fall term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final."
Mr. Peterson of the 59th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1416 was agreed to.
HB 1417. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Houston County on an annual salary, so as to provide that the arbitra tion committee shall be composed of the senior judge of the superior court or a judge designated by the senior judge, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes.
The following Senate amendment was read:
The Committee on County & Municipal Governments moves to amend HB 1417, as follows:
By striking from the title the following:
"so as to provide that the arbitration committee which is im panelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge designated by the senior judge, the solicitor-general, senator and members of the House of Representatives from Houston County;",
and substituting in lieu thereof the following :
"so as to change the provisions relative to arbitration of bud getary disputes;".
2930
JOURNAL OF THE HOUSE,
By striking in its entirety quoted Section 4, which Section is quoted in Section 1 of said Bill, and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of December after receiving the budget, the ordinary shall be authorized to appeal to an arbitra tion committee composed of the fall term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final."
Mr. Peterson of the 59th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1417 was agreed to.
HB 1459. 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; and for other purposes.
The following Senate amendment was read:
Senator Maclntyre of the 40th moves to amend HB 1459 as follows:
By striking quoted Section 5 of Section 2 in its entirety and in serting in lieu thereof the following:
"Section 5. Notwithstanding the provisions of Section 4, the sheriff of Washington County shall be authorized to appoint one chief deputy, two other full time deputies and a secretary. The chief deputy shall be compensated in the amount of $5,600.00 per annum. The other two full time deputies shall each be compensated in the amount of $5,000.00 per annum. The secretary of the sheriff shall receive an annual salary of $4,200.00 per annum. The chief deputy, the two full time deputies and the secretary shall be paid in equal monthly installments from the funds of Washington County. It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed as full-time deputies and secretary and to prescribe their duties and assignments and to remove or replace any of such em ployees at will and within his sole discretion."
WEDNESDAY, MARCH 6, 1968
2931
Mr. Rowland of the 48th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1459 was agreed to.
HB 1466. By Messrs. Graves, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act establishing a Merit System for the Government of Floyd County, so as to include certain employees of the Office of the Solicitor General; and for other purposes.
The following Senate amendment was read:
Senator Hall of the 52nd moves to amend HB 1466 as follows:
By striking subsection (m) of quoted Section 2 of Section 1 in its entirety and renumbering subsections (n) through (x) as (m) through (w), respectively.
By striking in quoted Section 2 of Section 1 the following:
"All employees of Registrar's Office"
and inserting in lieu thereof the following:
"The Board of Registrars".
Mr. Graves of the 13th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1466 was agreed to.
HB 1493. By Mr. Underwood of the 61st: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Montgomery County, so as to change the compensation of the tax commissioner; and for other purposes.
The following Senate amendment was read:
2932
JOURNAL OF THE HOUSE,
The Committee on County and Municipal Governments moves to amend HB 1493 by striking the figure "$4200.00" and inserting in lieu thereof the figure "$4400.00" in Section 6, line 7.
Mr. Underwood of the 61st moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1493 was agreed to.
HR 489-1060. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, and others:
A Resolution proposing an amendment to the Constitution, so as to pro vide that the Lieutenant Governor-Elect shall succeed to the death of the Governor-Elect; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Economy, Reorganization and Efficiency in Government moves to amend HR 489-1060 as follows:
SECTION I
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 Gov ernor's successor, upon becoming the Lieutenant Governor,"
and by striking therefrom the following: "for members of the General Assembly", so that when so amended said sentence shall read:
"In the case of the death, resignation or disability of the Gov ernor or the Governor-Elect, the Lieutenant Governor or the Lieu tenant Governor-Elect upon becoming the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next General Election, 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."
WEDNESDAY, MARCH 6, 1968
2933
Mr. Wiggins of the 32nd moved that the House agree to the Senate amend ment.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were:
Adams Alexander Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Bray Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dickinson Dillon Dixon Douglas Edwards Egan Fallin Farmer Fleming
Funk Gary Gay Gaynor Gignilliat Graves Gunter Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones M. Jordan, G. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Lowrey Malone Mason Matthews, C. Mauldin
Maxwell McClatchey McCracken McDaniell
Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Northcutt Odom Otwell Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L.
2934
Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, R. Threadgill Townsend
JOURNAL OF THE HOUSE,
Tucker Turner Tye Underwood Vaug-han, D. N. Vaughn, C. R. Walling Wamble Ward
Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Ballard Bostick Bo wen Brantley, H. H. Brantley, H. L. Busbee Clarke Cook Cox DeLong Dodson Dollar Dorminy Doster
Farrar Floyd Grahl Grier Hadaway Hale Hargrett Hood Jenkins Jordan, W. H. Lambert Longino Lovell
Magoon Matthews, D. R. Moate Moreland Murphy Nimmer Oglesby Pafford Ragland Ross Thompson, A. W. Wells Mr. Speaker
On the motion, the ayes were 165, nays 0.
The Senate amendment to HR 489-1060 was agreed to.
HR 624-1354. By Messrs. Rainey and Bowen of the 69th:
A resolution proposing an amendment to the Constitution so as to create the Cordele Office Building Authority; and for other purposes.
The following amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 624-1354 as follows:
By changing the period at the end of Paragraph "Y" of Section 1 to a comma and by adding the following words to said Paragraph and Section:
except that the exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
WEDNESDAY, MARCH 6, 1968
2935
Mr. Eainey of the 69th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 624-1354 was agreed to.
HR 628-1373. By Mr. Nimmer of the 84th:
A Resolution proposing an amendment to the Constitution so as to create the Brantley County Development Authority; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Governments moves to amend House Resolution No. 628-1373 as follows:
By adding to the end of the third quoted paragraph in Section 1 the following:
"The tax exemption herein provided shall not include an exemp tion from sales and use taxes on property purchased by the Auth ority or for the use of the Authority."
Mr. Nimmer of the 84th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 628-1373 was agreed to.
HR 674-1450. By Messrs. Rainey and Bowen of the 69th:
A Resolution proposing an amendment to the Constitution so as to create the Crisp County-Cordele Industrial Development Authority; and for other purposes.
The following Senate amendment was read:
Senate Maclntyre of the 40th District moves to amend HR 674-1450 by adding at the end of Paragraph h of Section 1 the following:
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JOURNAL OF THE HOUSE,
"The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
Mr. Rainey of the 69th moved that the House agree to the Senate amendment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 674-1450 was agreed to.
HR 727-1560. By Mr. Steis of the 100th:
A Resolution proposing an amendment to the Constitution so as to create the Town of Waverly Hall Development Authority; and for other pur poses.
The following Senate amendment was read:
Senate Committee on County and Municipal Governments moves to amend HR 727-1560 by adding the following at the end of Paragraph G of Section 1.
"The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
Mr. Steis of the 100th moved that the House agree to the Senate amendment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 727-1560 was agreed to.
HB 933. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 100-108, so as to provide that industrial revenue bonds or bonds of development authorities duly validated and not in default may be given by state depositories provided the appropriate county or municipality has the lawful authority to levy an annual tax in support thereof; and for other purposes.
The following Senate amendment was read:
WEDNESDAY, MARCH 6, 1968
2937
Senate Banking and Finance Committee moves to amend HB 933.
By striking from the title the following: "provided the approp riate county or municipality has the lawful authority to levy an annual tax in support thereof;".
By striking from the first sentence of quoted Code Section 100108 of Section 1 the following: "The Treasurer of this State shall not deposit any any one time," and inserting in lieu thereof the fol lowing: "The Treasurer of this State shall not deposit at any one time,".
By striking from the third from last sentence of quoted Code Section 100-108 of Section 1 the following: "and as to which the appropriate county or municipality has the lawful authority to levy an annual tax to support and pay".
Mr. Murphy of the 26th moved that the House disagree to the Senate amend ment and the motion prevailed.
The Senate amendment to HB 933 was disagreed to.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
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.
The following Senate substitute was read:
A BILL
To be entitled an Act To provide for representation by counsel, serv ices and facilities for indigent persons who are detained by law enforce ment officers or who are under formal charge of having committed, or who are being detained under a conviction of, a crime; to provide for a short title; to provide definitions; to provide for defender plans for providing representation; to provide for compensation of assigned counsel; to provide for compensation of legal aid agencies; to provide for public defenders; to provide for notice and provision of representa tion; to provide for use of State facilities; to provide for competence of counsel; to provide for a substitute attorney; to provide for deter mination of indigency; to provide for financing by the county governing
2938
JOURNAL OF THE HOUSE,
authorities; to provide for recovery or reimbursement from certain defendants; to provide for records and reports; to provide for represen tation in State and Federal Courts; to provide for construction of this Act; 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 Georgia Criminal Justice Act".
Section 2. Definitions. -- (a) In purposes of this Act the following words and terms shall have the meaning indiciated unless the context clearly indicates a contrary meaning:
(1) County governing authority -- The Ordinary, Commissioner of Roads and Revenues, Board of Commissioners of Roads and Revences, or other authority in a county which by laws has the duty to levy taxes, and provide funds for the operation of the courts in such county.
(2) Court concerned. -- A court having, or anticipated as having, with respect to crime, jurisdiction over a proceeding in which an indigent person is a party or over the detention of an indigent person. When a superior court has prescribed an arrange ment under Section 4(a) (1), it shall also be a court concerned.
(3) Crime. -- This includes a felony, a misdemeanor, any offense the penalty for which involves the possibility of confinement, and any act which, but for the age of the person involved, would otherwise be a crime.
(4) Defending Attorney. -- An assigned attorney, an attorney attached to the staff of a non-profit legal aid agency, a public de fender, or an attorney attached to the staff of a public defender.
(5) Detain. -- This includes holding a person in custody or otherwise depriving him of his freedom of action.
(6) Expenses. -- When used with reference to representation by counsel under this Act, this includes the expenses necessary to provide the representation, services, and facilities described in Sec tion 3.
(7) Indigent Person. -- A person who is unable without undue hardship, to employ the legal services of an attorney or defray the necessary expenses of legal representation, determined as herein after provided.
(8) Superior court. -- When there are more than two judges of the superior court in a county or circuit any action required hereunder in the form of a rule of the court must be taken by at least a majority of the judges of that court. Where there are only two judges such action must be concurred in by both judges.
WEDNESDAY, MARCH 6, 1968
2939
Section 3. Right to Representation, Services and Facilities, (a) An indigent person who is being detained by a law enforcement officer, or who is under formal charge of having committed, or is being detained under a conviction of, a crime, is entitled:
(1) to be represented by an attorney to the same extent as a person having his own counsel is so entitled; and
(2) to be provided with the necessary services and facilities of representation (including investigation and other preparation).
The attorney, services and facilities, and court costs shall be pro vided at public expense as hereinafter authorized to the extent that the person, at the time the court determines need, is unable to provide for their payment without undue hardship.
(b) An indigent person who is entitled to be represented by an attorney under subsection (a) is entitled:
(1) to be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney and in cluding revocation of probation or parole;
(2) to be represented in any appeal; and
(3) to be represented in any other post-conviction proceeding that the attorney or the indigent person consider appropriate, unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense.
(c) An indigent person's right to a benefit under subsection (a) or (b) is not affected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage.
Section 4. Defender Plans for Providing Representation, (a) The superior court of each county shall, by rule of court, provide for the rep resentation of indigent persons who, with respect to crime, are subject to proceedings in the county or are detained in the county by law en forcement officers. It shall provide this representation by:
(1) An arrangement whereby a judge of the superior court will assign attorneys on an equitable basis through a systematic co ordinated defender plan. The court may delegate to its clerk or deputy clerk the administration thereof, or may appoint an adminis trator for such purpose; or
(2) an arrangement whereby a judge of the court concerned will assign attorneys on an equitable basis through a systematic, coordinated defender plan under delegation to and supervision of the clerk, or deputy clerk, of the superior court, or the clerk, or deputy clerk, of the court concerned, or of an administrator ap pointed by the superior court for such purpose; or
2940
JOURNAL OF THE HOUSE,
(3) an arrangement whereby a non-profit legal aid agency or agencies will be assigned to provide the representation; or
(4) an arrangement whereby a combination of the above ar rangements will provide the representation.
(b) Until the superior court in a county has by rule prescribed an appropriate arrangement, any court concerned may assign attorneys to provide the representation. In this event any court concerned may, by its own rule, prescribe an arrangment whereby attorneys will be assigned on an equitable basis through a systematic, coordinated plan under dele gation to and supervision of the clerk, or deputy clerk, of that court.
(c) Any arrangement under subsection (a) may be made applicable to one, or more or all counties within the same superior court circuit when promulgated by a rule of the superior court of the circuit.
(d) In any arrangement which involves the assignment of attor neys, provision must be made for advance assignment in order to facili tate representation in matters arising before appearance in court.
(e) If the superior court in a county for any reason does not pro vide for an arrangement prescribed in subsection (a) the county gov erning authority may perform the functions ascribed to the superior court in subsection (a) and in Section 5(a), Section 7, and Section 12.
Section 5. Compensation of Assigned Counsel.
(a) When a superior court prescribes an arrangement under Section 4 which involves the assignment of attorneys, it may also prescribe therein a schedule of compensation for attorneys assigned to represent indigent persons under this Act. Such schedule shall take into considera tion the prevailing charges in the county for legal services, and, in gen eral, provide reasonable compensation for services rendered with due consideration for the conservation of the financial resources of that county.
(b) If a court assigns an attorney to represent an indigent person, at an appropriate time the court concerned shall determine a reasonable compensation for his services, giving consideration to any schedule pre scribed under subsection (a). Such court shall also determine the direct expenses necessary to his representation for which he should be reim bursed. The county governing authority shall pay the attorney the amounts so determined from public funds available for the operation of the courts in such county.
Section 6. Compensation of Legal Aid Agency.
(a) When a non-profit legal aid agency is involved in providing legal services to an indigent person under this Act, the court concerned may allow to such legal aid agency an amount equivalent to the compensation and direct expenses otherwise allowable to an assigned attorney. In this event the county governing authority shall pay to the legal aid agency
WEDNESDAY, MARCH 6, 1968
2941
the amounts so determined from public funds available for the operation of the courts in such county.
(b) The county governing authority may, in lieu of compensation allowable under subsection (a), contract with a non-profit legal aid agency on an annual basis for rendering all or part of the legal services contemplated under this Act.
Section 7. Public Defender, (a) In addition to the arrangements authorized under Section 4 the superior court of a county, with the con currence of the county governing authority of that county, may establish
and maintain an office of public defender to provide the representation to indigent persons contemplated under this Act.
(b) If an office of public defender is established for a county, the superior court of that county shall appoint the person to serve as public defender. The public defender must be licensed to practice law in this state and must be competent to counsel and defend a person charged with crime. During his incumbency the public defender may not engage in the practice of criminal law other than in the discharge of the duties of his office. The public defender shall be appointed for a term which shall be at the pleasure of the court and at a compensation that is com mensurate with the compensation and allowances of the solicitor general. The superior court, with the concurrence of the county governing auth ority of the county, shall determine whether the public defender is to be employed on a full-time or a part-time basis and shall determine his compensation.
(c) If an office of public defender is established, the public defend er may employ, in the manner and at the compensation prescribed by the superior court, concurred in by the county governing authority, as many assistant public defenders, clerks, investigators, stenographers, and other persons as may be necessary for carrying out his responsibil ities under this Act. A person employed under this section serves at the pleasure of the public defender, unless his position is under a civil serv ice system in which he may be removed only for cause.
(d) If an office of public defender is established, the county gov erning authority shall provide appropriate facilities (including office space, furniture, equipment, books, postage, supplies, and interviewing facilities in the jail) necessary for carrying out the public defender's responsibilities under this Act; or grant the public defender an allowance in place of such facilities.
(e) If an office of public defender is established his compensation, expenses and allowances and the expense necessary to establish, maintain and support his office shall be paid by the county governing authority out of public funds available for the operation of the courts in such county.
(f) The superior court of a circuit, with the concurrence of the county governing authority of two or more counties within the same circuit, may establish and maintain a joint office of public defender under the provisions of this section; or the local governing authority of a
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county may contract with a public defender of another county within the same circuit for the services of his office to serve as if he were the public defender established in the former county, provided the superior court of the circuit and the local governing authority of the latter county concur in the contract.
Section 8. Notice and Provision of Representation.
(a) If a person who is being detained by a law enforcement officer, or who is under formal charge of having committed, or is being detained under a conviction of a crime, is not represented by an attorney under conditions in which a person having his own counsel would be entitled to be so represented, the law enforcement officers concerned, upon com mencement of detention, or the court concerned, upon formal charge, as the case may be, shall:
(1) clearly inform him of the right of an indigent person to be represented by an attorney at public expense as authorized in this Act; and
(2) if the person detained or charged does not have an attorney, notify the public defender, non-profit legal agency or the court con cerned, as the case may be be, that he is not so represented.
As used in this subsection, the term "commencement of detention" includes the taking into custody of a probationer or parolee.
(b) Upon commencement of any later judicial proceeding relating to the same matter, the court concerned shall clearly inform the person so detained or charged of the right of an indigent person to be represented by an attorney at public expense as authorized in this Act.
(c) If a court concerned determines that the person is entitled to be represented by an attorney at public expense, as authorized in this Act, it shall promptly notify the public defender, notify the non-profit legal aid agency or assign an attorney, as the case may be.
(d) Upon notification or assignment under this section, the public defender, non-profit legal aid agency, or assigned attorney, as the case may be, shall represent the person with respect to whom the notification or assignment is made.
(e) Information given to a person under this section is effective only if:
(1) it is in writing or otherwise recorded;
(2) he records his acknowledgment of receipt and time of re ceipt, or, if he refuses to make this acknowledgment, the person giving the information records that he gave the information and that the person informed refused so to acknowledge it; and
(3) the material so recorded under clauses (1) and (2) is filed with the court concerned.
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2943
(f) A person who has been appropriately informed under this sec tion may waive in writing, or by other record, any right provided by this Act, if the court concerned, at the time of or after waiver, finds of re cord that he has acted with full awareness of his rights and of the con sequences of a waiver and if the waiver is otherwise according to law. The court shall consider such factors as the person's age, education, and familiarity with English, and the complexity of the crime involved.
Section 9. Use of State Facilities. A defending attorney is entitled to use the same state facilities for the evaluation of evidence as are available to the solicitor general in such county. If he considers their use impractical, the court concerned may authorize the use of private facilities to be paid for on court order by the county governing authority out of public funds available for the operation of the courts of such county.
Section 10. Competence to Defend. No person may be assigned the primary responsibility of representing an indigent person unless he is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime. Competence shall be determined by the court concerned at the first court proceeding after the assignment of counsel. A person authorized to practice legal aid under The Law School Legal Aid Agency Act of 1967 (Ga. Laws 1967, p. 153), is competent to represent an indigent person provided that in any trial a person authorized to practice law in this state is also present.
Section 11. Substitute Attorney. At any stage, including appeal or other post-conviction proceeding, the court concerned may for good cause assign a substitute attorney. The substitute attorney has the same func tions with respect to the indigent person as the attorney for whom he is substituted. If the substitute attorney is not in the office of the public defender nor in a non-profit legal aid agency serving under this Act, the court shall prescribe reasonable compensation for him and approve the expenses necessarily incurred by him in the defense of the indigent person as provided in Section 5.
Section 12. Determination of Indigency. (a) When a superior court prescribes an arrangement for providing representation under Section 4 it may also prescribe a standard of indigency to govern the determi nation of indigency by all courts concerned within the county. It may also prescribe the requirements for a proper showing of material factors relating to ability to pay for legal services and the proper form and authentication thereof. In establishing a standard of indigency the superior court shall consider such factors as income, property owned, expenses, outstanding obligations, and the number and ages of de pendents. Release on bail shall not necessarily preclude a person from being indigent nor shall it be necessary that a person be destitute or a pauper to be indigent.
(b) In a particular case, the determination of whether a person covered by Section 3 is an indigent shall be deferred until his first appearance in court or in a suit for payment or reimbursement under Section 4, whichever occurs earlier. Thereafter, the court concerned shall determine with respect to each proceeding whether he is an indigent according to the standard prescribed under subsection (a), or, if no
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standard has been prescribed under subsection (a), according to the consideration set forth therein.
(c) If, in a proceeding to determine indigency under this section, any person makes a false statement, under oath, concerning any material factor related to his or another's ability to pay for legal services, it shall constitute the crime of perjury and be punishable as such.
(d) To the extent that a person covered by Section 3 is able to provide for the employment of an attorney, the other necessary services and facilities of representation and court costs, the court concerned may order him to provide for his payment or reimbursement.
Section 13. Financing, (a) For each fiscal year the county govern ing authority in each county will include in its annual budget for the operations of the courts in such county as additional amount to finance the costs and expenses necessary for the implementation of this Act.
(b) The county governing authority in each county may accept pri vate contributions for the support of the administration of this Act.
Section 14. Recovery from Defendant, (a) The county may recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this Act.
(1) to which he was not entitled;
(2) with respect to which he was not an indigent person when he received it; or
(3) with respect to which he has failed to make payment or reimbursement ordered under Section 12(d) and for which he refuses to pay or reimburse. Suit must be brought within four years after the date on which the aid was received.
(b) The county may recover payment or reimbursement, as the case may be, from each person, other than a person covered by subsection (a), who has received legal assistance under this Act and who, on the date on which suit is brought, is financially able to pay or reimburse the county for it according to the standards of ability to pay applicable under Section 2(a) (7), Section 3(a), and Section 12, but refuses to do so. Suit must be brought within four years after the date on which the benefit was received.
Section 15. Records and Reports, (a) A defending attorney shall keep appropriate records respecting each indigent person whom he repre sents under this Act.
(b) The public defender, legal aid agency, or person administering a court prescribed defender plan, as the case may be, shall submit an annual report to the county governing authority showing the number of persons represented under this Act, the crime involved, the outcome of each case, and the expenditures (totalled by kind) made in carrying
WEDNESDAY, MARCH 6, 1968
2945
out the responsibilities imposed by this Act. A copy of the report shall also be submitted to each court having criminal jurisdiction in the county or counties that the program serves.
Section 16. Representation in State and Federal Courts. This Act applies only to representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States, if:
(1) the matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of this state;
(2) representation is under an approved plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. 3006A).
Section 17. Protections Not Exclusive. The protections provided by this Act do not exclude any protection or sanction law otherwise provides for accused persons.
Section 18. It is not intended that the Act approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 4478), relating to the appoint ment of attorneys to represent indigent defendants be repealed, but it is intended that its provisions shall be construed as permissive and not mandatory with respect to this Act and its reasonable implementation.
Section 19. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Dillon of the 128th moved that the House disagree to the Senate sub stitute and the motion prevailed.
The Senate substitute to HB 130 was disagreed to.
HB 742. 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 ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to
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the State Board of Corrections and to prisons, public works camps and
prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 477), an Act approved March 7, 1961 (Ga. Laws 1961, p. 127), an Act approved March 18, 1964 (Ga. Laws 1964, p. 489), an Act ap proved March 18, 1964 (Ga. Laws 1964, p. 495), and an Act approved March 25, 1964 (Ga. Laws 1964, p. 734), so as to provide for additional rehabilitative facilities and programs under the jurisdiction, supervision, and direction of the Board of Corrections; to provide for certain privi leges for certain inmates; to provide for a work release plan for certain inmates; to provide a method for compensating certain inmates employed in prison industry; to change the provisions relating to educational and recreational opportunities for prisoners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act comprehensively and exhaustively revising, super seding and consolidating the laws relating to the State Board of Cor rections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 477), an Act ap proved March 7, 1961 (Ga. Laws 1961, p. 127), an Act approved March 18, 1964 (Ga. Laws 1964, p. 489), an Act approved March 18, 1964 (Ga. Laws 1964, p. 495), and an Act approved March 25, 1964 (Ga. Laws 1964, p. 734), is hereby amended by striking from Section 13 of said Act Sub section (b) and (d) in their entirety and inserting in lieu thereof a new Subsection (b) and a new Subsection (d) to read as follows:
"(b) Where any person shall be convicted of any offense, mis demeanor or felony, and sentenced to serve time in any penal insti tution in this State other than as hereinbefore provided, he shall be committed to the custody of the Director of Corrections, who, with the approval of the State Board of Corrections, shall designate the place of confinement where the sentence shall be served.
1. The Director of Corrections may designate as a place of confinement any available, suitable, and appropriate correctional
institution or public works camp in this State, operated under the jurisdiction or supervision of the Board of Corrections, anything in such sentence to the contrary notwithstanding. Said Director, with the approval of the State Board of Corrections, shall also have sole authority to transfer prisoners from one correctional institution or public works camp in this State to any other operated by or under the jurisdiction or supervision of or approved by the State Board of Corrections. Neither the Director nor the Board shall have au thority to assign male or female prisoners to serve in any manner in a county jail.
2. The Director of Corrections may extend the limits of the place of confinement of a prisoner as to whom there is reasonable
cause to believe he will honor his trust, by authorizing him, under prescribed conditions; provided, however, that the limits of confine ment shall not be extended for an inmate or prisoner if there is a request or need for them in county work camps or prison branches:
WEDNESDAY, MARCH 6, 1968
2947
(a) work at paid employment or participate in a training pro gram in the community on a voluntary basis while continuing as a prisoner of the institution to which he is committed, provided that:
(i) representatives of local union central bodies or similar labor union organizations are consulted;
(ii) such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services, and
(iii) the rates of pay and other conditions of employment will not be less than those paid or provided for work of similar nature in the locality in which the work is to be performed. A prisoner authorized to work at paid employment in the community under the provisions of this Subsection shll surrender to the Director of Corrections his earnings less standard payroll deductions required by law. After deducting from the earnings of each prisoner an amount determined to be the cost of the prisoner's keep and con finement, which sum shall be deposited in the Treasury of the State Board of Corrections, the Director of Corrections shall
(1) Allow the prisoner to draw from the balance a reasonable sum to cover his incidental expenses:
(2) Retain to the prisoner's credit such amount as deemed necessary to accumulate a reasonable sum to be paid to him on his release from prison;
(3) Cause to be paid any additional balance as is needed for the support of the prisoner's dependents.
No prisoner employed in the free community under the provisions of this Subsection shall be deemed to be an agent, employee, or involuntary servant of the State Department of Corrections while working in the free community or going to and from such employ ment.
3. The willful failure of a prisoner to remain within the ex tended limits of his confinement, or to return within the time pre scribed to an institution designated by the Director of Corrections, shall be deemed an escape from a penitentiary or public works camp and punishable by law.
"(d) Within a reasonable time thereafter, the Director of Cor rections shall assign such prisoner to a correctional institution designated by him in accordance with paragraph (b) of this Section. It shall be the financial responsibility of such correctional institu tion to provide for the picking up and transportation, under guard, of such prisoner to his assigned place fo detention. If such prisoner was assigned to a county public works camp or other county facility, such county shall assume such duty and responsibility."
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Section 2. Said Act is further amended by adding at the end of Subsection (a) of Section 22 between the word "profit" and the period "( .)", the following:
", except as provided for in Section 13 of this Act";
so that when so amended Subsection (a) of Section 22 shall read as follows:
"(a) The State Board of Corrections shall provide rules and regulations governing the hiring out of prisoners by any penal in stitution under its authority to municipalities, cities, the State Highway Department, or any other political subdivision, public authority, public corporation, or agency of State or local govern ment, which are hereby authorized to contract for and receive said prisoners, but such prisoners shall not be hired out to private persons or corporations, nor shall any instrumentality of government here in before authorized to utilize prison labor use such labor in a busi ness conducted for profit, except as provided for in Section 13 of this Act."
Section 3. Said Act is further amended by adding to the end of Subsection (c) of Section 22 the following:
"The State Board of Corrections is authorized, pursuant to rules and regulations adopted by said Board, to pay compensation of not more than twenty-five dollars ($25.00) per month from funds avail able to said Board to each prisoner employed in any industry.",
so that when so amended Subsection (c) of Section 22 shall read as follows:
"(c) Funds arising from the sale of goods or other products manufactured or produced by any prison operated by the State Board of Corrections shall be deposited with the treasury of the State Board of Corrections. Such funds arising from the sale of goods and products produced in a county public works camp, or from the hiring of prisoners shall be placed in the treasury or de
pository of such county, as the case may be. The State Board of Corrections is authorized, pursuant to rules and regulations adopted by said Board, to pay compensation of not more than twenty-five dollars ($25.00) per month from funds available to said Board to each prisoner employed in any industry."
Section 4. Said Act is further amended by striking in its entirety Section 23 thereof and substituting in lieu thereof a new Section 23 to read as follows:
"Section 23. (a) The State Board of Corrections, acting alone or in cooperation with the State Department of Education, the State Board of Regents, or the several State, local and federal agencies concerned therewith, shall be authorized to institute a program of rehabilitation which may include academic, industrial, mechanical,
WEDNESDAY, MARCH 6, 1968
2949
agricultural, and vocational training within the confines of the prison.
(b) The State Board of Corrections, in institutions and facilities under its control and supervision, shall give the prisoners oppor tunity for reasonable educational, religious and recreational activi
ties where practical."
Section 5. Officals and employees of the Corrections Department shall respect the confidential nature of information supplied by inmates who cooperate in the remedy of abuses and wrongdoing in the system. Any official or employee who breaks such a confidence and hereby subjects a cooperating inmate to physical jeopardy or harassment shall be subject to suspension or discharge.
Section 6. Said Act is further amended by adding at the end of Section 24 a new Subsection to be known as Subsection 24 (d) to read as follows:
"(d) Discharge. A prisoner shall be released at the expiration of his term of sentence less the time deduced for statutory and extra good time allowances."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Paris of the 23rd moved that the House disagree to the Senate substitute and the motion prevailed.
The Senate substitute to HB 742 was disagreed to.
HB 1370. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to amend an Act creating the office of commissioners of roads and revenues of the County of Brantley, so as to reduce the number of commissioners; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating the office of com missioners of roads and revenues of the County of Brantley, approved July 21, 1927 (Ga. Laws 1927, p. 500), as amended by an Act approved March 1, 1933 (Ga. Laws 1933, p. 411), and an Act approved April 9, 1963 (Ga. Laws 1963, p. 3309), so as to reduce the number of commis sioners; to provide for a chairman and clerk position; to provide for designating positions on the board by number; to provide for the elec-
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tion of the commissioners; to provide for their compensation, powers, duties and responsibilities; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act creating the office of commissioners of roads and revenues of the County of Brantley, approved July 21, 1927 (Ga. Laws 1927, p. 500), as amended by an Act approved March 1, 1933 (Ga. Laws 1933, p. 411), and an Act approved April 9, 1963 (Ga. Laws 1963, p. 3309), is hereby amended by striking in their entirety Sections 1, 2, 3 and 4 and substituting in lieu thereof the following new sections:
"Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that there is hereby created a three-member board of commissioners of roads and
revenues for Brantley County who shall administer the county affairs of Brantley County.
"Section 2. For the purposes of electing members of the board the respective positions on the board shall be numbered one through three, respectively. Candidates elected to Post No. 1 shall serve as the chairman and clerk of the board of commissioners of roads and revenues for Brantley County during his respective term on the board. At the time of qualifying as a candidate for election to the board, a candidate shall designate the positon on the board he wishes to offer for election. Candidates offering for election to the board may reside anywhere within the county.
"Section 3. The first election for the members of the board of commissioners of roads and revenues for Brantley County as pro vided for herein shall be conducted in the general election of 1968. Candidates elected to the board shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and quali fied. Thereafter, successors to the initial members of the board shall be elected in the general election which is conducted in that year in which their terms of office shall expire and shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified.
"Section 4. The chairman of the board of commissioners shall be the chief executive officer and clerk of the board. He shall carry out the policies of the board concerning the governing of the affairs of Brantley County. He shall not vote on questions coming before the board except to break a tie. He shall receive as compensation for his services as such up to but not to exceed $300.00 per month plus a travel expense allowance up to but not to exceed $500.00 per annum the exact amount of such compensation and travel expense allowance to be fixed by a majority vote of the board. Such travel expenses shall be paid upon presentation of an itemized statement thereof by said chairman and clerk and its approval in writing by the other members of the board."
WEDNESDAY, MARCH 6, 1968
2951
Section 2. Said Act is further amended by striking in its entirety Section 8 and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. The board of commissioners shall hold at least one regularly scheduled monthly meeting which shall be on the first Tuesday in each month until changed by the board. The members of the board other than the chairman shall receive the sum of $50.00 per month for their service as members of the board plus the sum of 10f? per mile expended going to and from meetings of the board. Such mileage expenses shall be paid upon presentation of an item ized statement thereof by each of said members and its approval in writing by the other members of the board. If any member of the board shall miss more than two regularly scheduled meetings of the board during any calendar year for any cause other than provi dential, he shall not be entitled to receive compensation provided for herein for the remainder of that calendar year."
Section 3. The provisions of this Act with the exception of the provisions relating to the election of the members of the board of com missioners of roads and revenues for Brantley County in the 1968 general election shall take effect on January 1, 1969. The provisions relating to the election of commissioners shall take effect immediately upon the approval of this Act.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Nimmer of the 84th moved that the House disagree to the Senate sub stitute and the motion prevailed.
The Senate substitute to HB 1370 was disagreed to.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
SB 246. By Senators Webb of the llth, Smith of the 18th and Smalley of the 28th: A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0.
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The Bill, having received the requisite constitutional majority, was passed.
SR 154. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and others:
A Resolution requesting the Secretary of the United States Department of Agriculture to lower the national average yield goal and raise the national average acreage allotment on tobacco; 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 143, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SR 155. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th and Eldridge of the 7th:
A Resolution requesting the Secretary of the United States Department of Agriculture to require that the grade placed on tobacco be concealed from the buyers; 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 143, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SR 156. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th and Eldridge of the 7th:
A Resolution requesting the Secretary of the United States Department of Agriculture to publicize the procedure to follow to become a tobacco grader and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
WEDNESDAY, MARCH 6, 1968
2953
On the adoption of the Resolution, the ayes were 145, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 232. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th and others:
A Bill to be entitled an Act to amend an Act relating to the sale of fluecured leaf tobacco so as to restate the intention 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 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 324. By Senators Shea of the 3rd, Gardner of the 1st and Searcey of the 2nd:
A Bill to be entitled an Act to provide the procedure for the impaneling of alternate jurors in criminal cases in the Superior Courts of the State; and for other purposes.
The following amendments were read and adopted:
Mr. Berry of the 113th moves to amend SB 324, as follows:
By striking in their entirety Sections 1 and 2, and substituting in lieu thereof new Sections 1 and 2 to read as follows:
"Section 1. Whenever, in the opinion of a judge of a Superior Court, any criminal trial is likely to be a protracted one, and the counsel for the State and the defendant shall request the selection of additional jurors or alternates, the court immediately after the jury has been impaneled and sworn, shall have, within its discretion, the power to direct the calling of one or more additional jurors, to be known as 'alternate jurors'.
"Section 2. Such alternate jurors must be drawn from the same source, and in the same manner, and have the same qualifi cations as the jurors already sworn, and be subject to the same examination and challenges. The State shall be entitled to as many
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peremptory challenges to such alternate jurors as there are alternate jurors called. The defendant shall be entitled to additional peremp tory challenges in an amount twice greater than the additional peremptory challenges of the State. The peremptory challenges allowed to the State and defendant in such event, shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the defendant and State as now provided by law. When two or more defendants are tried jointly, each defendant shall be en titled to as many peremptory challenges to such alternate jurors as there are alternate jurors called."
Mr. Paris of the 23rd moves to amend SB 324 by striking the word "criminal" in line 2 of Section 1 and by inserting in lieu thereof the word "felony".
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.
SB 314. By Senator London of the 50th:
A Bill to be entitled an Act to amend the Sales and Use Tax Act so as to exempt shavings and sawdust from wood when used directly in tilling the soil from the tax imposed by said Act; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", approved April 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved March 14, 1963 (Ga. Laws 1963, p. 132) so as to exempt certain desiccants and feed for livestock or poultry when used either directly in tilling the soil or in animal or poultry husbandry from the tax imposed by said Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved April 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved March 14, 1963 (Ga.
WEDNESDAY, MARCH 6, 1968
2955
Laws 1963, p. 132), is hereby amended by striking subsection (b) of Section 3(c)2 in its entirety and inserting in lieu thereof a new sub section (b) to read as follows:
"(b) Seed, fertilizers, insecticides, fungicides, rodenticides, herbicides, defoliants, soil fumigants, plant growth regulating chemi cals, desiccants (including shavings and sawdust from wood, pea nut hulls, fullers earth, straw and hay) and feed for livestock or poultry when used either directly in tilling the soil or in animal or poultry husbandry."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed by substitute.
HB 1021. By Messrs. Smith of the 54th and Jones of the 76th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System so as to provide that the Board is authorized to make certain post-retirement benefits changes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1311. By Messrs. Clarke of the 45th, Buck of the 112th, and others: A Bill to be entitled an Act to provide that it shall be unlawful to sell visual or vocal representations depicting sexual conduct; and for other purposes.
The following substitute, offered by Mr. Palmer of the 117th, was read and adopted:
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A BILL
To be entitled an Act to provide that it shall be unlawful to sell visual or vocal representations depicting sexual conduct; to define certain terms; to provide that the dissemination of such visual or vocal repre sentations to certain persons or organizations shall be an affirmative defense; to exempt licensees under the Communications Act of 1934; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
It shall be unlawful in the State of Georgia for any person to knowingly--
(A) To sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide, to a minor--
(i) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body, which depicts sexual conduct, and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or
(ii) Any book, magazine, or other printed matter however repro duced or sound recording of any nature and however reproduced, which depicts sexual conduct, or which contains explicit or detailed verbal descriptions or narrative accounts of sexual conduct, and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or
(B) To exhibit to a minor, or to sell or provide to a minor an ad mission ticket to, or pass to, or to admit a minor to, premises whereon there is exhibited, a motion or still picture, show, or other presentation, which, in whole or in part, depicts sexual conduct and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
SECTION 2
For the purposes of this Act:
(A) The term "minor" means any person under the age of sixteen years.
(B) The term "sexual conduct" shall mean acts of sodomy, mas turbation, homosexuality or sexual intercourse.
WEDNESDAY, MARCH 6, 1968
2957
(C) The term "knowingly" means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or injury or both of--
(i) the character and content of any material described in this section which is reasonably susceptible of examination by the de fendant; and
(ii) the age of the minor.
SECTION 3
It shall be an affirmative defense that the dissemination was to institutions or individuals having a scientific, educational, or other special justification for possession of such material. It shall also be an affirmative defense that a motion picture theatre has advertised through a media of general circulation in the community where said theatre is located that the motion picture being shown is for adults only and has posted a sign at the entrance of said theatre stating that the motion picture being shown is for adults only.
SECTION 4
Nothing in this section shall apply to a licensee under the Com munications Act of 1934 while engaged in activities regulated pursuant to such Act.
SECTION 5
Any person who violates the provisions of this Act shall be guilty of a misdemeanor for the first offense and, upon conviction thereof, shall be punished as for a misdemeanor. A person convicted of a second or subsequent offense under this section shall be fined not more than $5,000 or imprisoned not less than one year or more than three years, or both.
SECTION 6
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
2958
JOURNAL OF THE HOUSE,
HR 398-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A RESOLUTION
Proposing a constitutional amendment, so as to create the Depart ment of Industry and Tourism and the Board of Commissioners of the Department of Industry and Tourism; to provide that said Depart ment of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section X, Paragraphs I and II of the Constitution are hereby amended by striking said paragraphs in their entirety and sub stituting in lieu thereof new Paragraphs I and II to read as follows:
"Paragraph I. There is hereby created a Department of In dustry and Tourism and a Board of Commissioners of the Depart ment of Industry and Tourism in lieu of and as a successor to the Department of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade existing at the time of the effective date of this Paragraph. The Board shall be the policy determining body of the Department and shall have such powers, duties, authority and jurisdiction as is now provided by law for the Department of Industry and Trade and the Board of Commis sioners of the Department of Industry and Trade or such duties, powers, authority and jurisdiction as may hereafter he provided by law. The composition of the Board shall remain the same as the composition of the former Board of Commissioners of the Depart ment of Industry and Trade until April 1, 1969. From April 1, 1969 until April 1, 1972, the Board shall be composed of the ten members of the former Board whose terms of office expire on April 1, 1972, and five members from the State at large who shall be appointed by the Governor to take office on April 1, 1969, to serve at the pleasure of the Governor. The members of the former Board whose terms expire on April 1, 1972, shall be succeeded by one member from each Congressional District of the State appointed by the Governor, to take office on April 1, 1972, as follows: Three members shall be appointed for two-year terms; three members for four-year terms, and the remaining members for six-year terms, and thereafter the Board shall be composed of one member from each Congressional District and the five members from the State at large appointed by the Governor to serve at his pleasure. All succeeding appointments of the members representing the Congres sional Districts, except appointments to fill vacancies, shall be made for terms of six years from the date of expiration of previous terms. Appointments to fill vacancies shall be made for the unexpired term. All appointments shall be made by the Governor with the advice and consent of the Senate. Any appointment made
WEDNESDAY, MARCH 6, 1968
2959
while the Senate is in regular session, except appointments made during th last ten days of a regular session, shall be presented to the Senate for confirmation during the session. All appointments made during the last ten days of a regular session and when the Senate is not in regular session shall be presented to the Senate for confirmation at the next regular session. All appointments made during the last ten days of regular sessions and when the Senate is not in regular session shall be effective until confirma tion or rejection by the Senate as herein provided. All members of the Board shall hold office until their successors are appointed and qualified.
The Board shall elect a Director, subject to the advice and con sent of the Governor, who shall be the executive officer of the Board and the administrative head of the Department of Industry and Tourism. The members of the Board shall receive such com pensation and expenses as may be provided by law. The Director shall receive such compensation as fixed by the Board and ap proved by the Budget Director, and a contingent expense allowance, as may be authorized in the appropriations to the Department, and expenses as provided by law for State employees."
"Paragraph II. In addition to such powers and duties as may from time to time be conferred upon the Board of Commissioners and the Department of Industry and Tourism, the Board of Com missioners shall be authorized to participate with any county, municipality, non-profit organization, or any combination thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this State, notwithstanding any other provisions of this Constitution to the contrary."
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 Department of Industry and Tourism and the Board of Commissioners of the Department of In dustry and Tourism, and to provide that said De-
NO ( ) partment and said Board shall be a successor to the Department of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade?"
2960
JOURNAL OF THE HOUSE,
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
The Committee on Industry moves to amend HR 398-912 as follows:
By adding in Section 1 after the first paragraph of the quoted Paragraph I a new paragraph to read as follows:
"The member of the Board appointed by the Governor from each Congressional District shall be appointed from three (3) nomi nees selected by the members of the Senate and House of Repre sentatives from the Senatorial Districts and Representative Dis tricts embraced or partly embraced within such Congressional Dis trict. No member of the Board appointed by the Governor from the State-at-large shall be from the same Congressional District."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Branch Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner
Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Dodson Dorminy Douglas Edwards Fallin
WEDNESDAY, MARCH 6, 1968
2961
Funk Gary
Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall Harrington Harris, J. F. Harrison Henderson Higginbotham Hill Holder Howard Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Lewis Longino Lovell Lowrey
Magoon Malone Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Northcutt Otwell Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Poss Potts Rainey Reaves Richardson Roach 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 Thompson, A. W. Thompson, R. Threadgill Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Egan Farmer Harris, J. R. Harris, R. W. Jones, M.
Kaylor Laite Lee, W. S. Leonard Le vitas
Matthews, C. Odom Rowland Town send Westlake
Those not voting were Messrs.:
Ballard Blalock Bo wen Busbee Clarke
Cook Cox Davis DeLong Dixon
Dollar Doster Farrar Fleming Floyd
2962
Grier Hale Hamilton Hargrett Hood Howell Jenkins
JOUENAL OF THE HOUSE,
Jordan, W. H. Moate Moreland Nimmer Oglesby Pafford Phillips
Ragland Ross Sweat Ware Wells Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 155, nays 15.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
SB 323. By Senator Kidd of the 25th:
A Bill to be entitled an Act to create the Board of Polygraph Examin ers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was 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 260. By Senator Kidd of the 25th:
A Bill to be entitled an Act to prohibit clerks of the superior courts from charging veterans of certain wars a fee for recording their dis charge certificates; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 213. By Senators Pennington of the 45th, McGill of the 24th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the sale of milk is in the public interest and, as such, may be regulated
WEDNESDAY, MARCH 6, 1968
2963
by the General Assembly; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article IV of the Constitution is hereby amended by creating a new Section, to be designated as Section VII, to read as follows:
"Paragraph I. The marketing of milk and milk substitutes is in the public interest and may be regulated by the General As sembly."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that the marketing of milk and milk substitutes is in
NO ( ) the public interest and may be regulated by the Gen eral Assembly?"
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 ol this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander
Anderson Ballard
Barber Barfield
2964
Bennett Berry, C. E. Black Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. P. Collins, M. Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean Dent Dickinson Dillon Dixon Douglas Edwards Fallin Farmer Fleming Floyd Funk Gary Gay Graves Grier Hadaway Hall
JOURNAL OP THE HOUSE,
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Kirksey Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken Melton Miller Mixon Moore, Don C. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt
Odom Oglesby Otwell Pafford Paris Parker, C. A. Parker, H. W. Parrish Phillips Poss Reaves Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Snow Starnes Steis Sullivan Sweat Thompson, R. Threadgill Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Whaley Wiggins Williams Wilson, R. W. Winkles Wood
Those voting in the negative were:
Battle Berry, J. K.
Daugherty Egan
Gaynor Gignilliat
Gunter Kaylor Knapp Laite
WEDNESDAY, MARCH 6, 1968
2965
Lee, W. S. Levitas Palmer Richardson
Sherman Townsend
Those not voting were Messrs.:
Blalock Buck Conner Cook DeLong Dodson Dollar Dorminy Doster Parrar Grahl Hale Hamilton
Hargrett Harrison Jenkins Jones, M. Jordan, W. H. McClatchey McDaniell Merritt Moate Moore, J. H. Moreland Peterson Pickard
Potts Ragland Rainey Smith, J. R. Smith, W. L. Stalnaker Thompson, A. W. Turner Walling Westlake Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 151, nays 16,
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SB 359. By Senators Conway of the 41st and Johnson of the 42nd:
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.
The following amendment was read and adopted:
The Committee on State of Republic moves to amend SB 359, Sec tion 1, quotation 34-1307A, second line, by changing the words "dis seminated" and "published" to read "disseminate" and "publish".
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:
2966
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Alexander Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Chandler Cheeks Cole Collins, J. F. Collins, M. Conner Cooper, B. Cox Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dodson Dollar Douglas Fallin Fleming Funk Gary Gay Gaynor
Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howard Hutchinson Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Knapp Lambert
Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lovell Lowrey Magoon Malone Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Mixon Moore, Don C. Mullinax Nash
Nessmith Nimmer Northeutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Peterson Phillips Ragland Reaves Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, V. T. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Wiggins Wilson, R. W.
Those voting in the negative were Messrs.:
Adams Anderson Cato Cooper, J. R.
Crowe, William Dean Dillon Dixon
Edwards Farmer Floyd Grahl
Hall Joiner Kaylor Kirksey Laite Land Lane, Dick Lane, W. J.
WEDNESDAY, MARCH 6, 1968
2967
Lewis Murphy Newton Parker, H. W. Parrish Poss Potts Roach
Rowland Vaughan, D. N. Westlake Williams Wilson, J. M. Wood
Those not voting were Messrs.:
Bowen Bray Clarke Colwell Cook Dickinson Dorminy Doster Egan Parrar Grier Hale
Hamilton Henderson Howell Jenkins Jordan, G. Lambros Matthews, C. McDaniell Miller Moate Moore, J. H. Moreland
Paris Pickard Rainey Richardson Ross Savage Smith, G. W. Smith, J. R . Smith, W. L. Tye Winkles Mr. Speaker
On the passage of the Bill, as amended, the ayes were 135, nays 34.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Smith of the 114th requested that he be recorded as having voted for the passage of SB 359.
SB 316. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any examin ing board whose records are maintained by the Joint Secretary, State Examining Board, so as to provide for an additional class of applicants; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 168, nays 0.
2968
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SB 258. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act so as to provide for the issuance of automobile license tags to certain other veterans; and for other purposes .
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. Laws 1956, p. 336), as amended, by an Act approved Febru ary 20, 1957 (Ga. Laws 1957, p. 69), an Act auproved March 17, 1959 (Ga. Laws 1959, p. 349), an Act approved April 5, 1961 (Ga. Laws 1961, p. 554), and an Act approved March 27, 1965 (Ga. Laws 1965, p. 325), so as to provide for the issuance of license tags to certain other veterans; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. Laws 1956, p. 336), as amended, by an Act approved February 20, 1957 (Ga. Laws 1957, p. 69), an Act approved March 17, 1959 (Ga. Laws 1959, p. 349), an Act approved April 5, 1961 (Ga. Laws 1961, p. 554), and an Act approved March 27, 1965 (Ga. Laws 1965, p. 325), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Effective as applied to the license tags for the year 1970, any veteran who was discharged under other than dis honorable conditions, and who served on active duty of the armed forces of the United States or on active duty in a reserve component of the United States including the National Guard, during wartime or during the period beginning January 31, 1955 and ending on a date to be determined by Presidential proclamation or by a con current resolution of the Congress declaring a cessation of the Vietnam Era, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for:
(1) Loss or permanent loss of use of one or both feet;
(2) Loss or permanent loss of use of one or both hands;
(3) Permanent impairment of vision of both eyes of the fol lowing status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has
WEDNESDAY, MARCH 6, 1968
2969
contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye; will be provided upon application therefor State automobile license tags free of charge upon presentation by said veteran of proof that he is receiving or that he is entitled to re ceive the aforesaid statutory award. Once said veteran has estab lished his eligibility for said free tags, he shall be entitled to them in succeeding years, on any automobile he may acquire in the fu ture. Two tags each year shall be furnished under the provisions of this Act unless the originals are lost. Said tags shall be fastened to both the front and rear of the vehicle."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Under the general order of business established by the Committee on Rules, the following Bills of the Senate were again taken up for consideration and read:
SB 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.
Senator Dean of the 20th moved that SB 30 be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Ballard Barber Battle Berry, C. E. Berry, J. K.
Black Bostick Bowen Branch Brantley, H. H. Brantley, H. L.
Bray Buck Gates Cheeks Cole Collins, J. F.
2970
Cooper, B. Crowe, William Dailey Dean Dickinson Dillon Dixon Dollar Edwards Farmer Floyd Funk Gay Gignilliat Hadaway Hall Harrington Harris, J. F. Harrison Henderson Higginbotham Howard
JOURNAL OF THE HOUSE,
Johnson, B. Kaylor Kirksey Laite Lane, Dick Lane, W. J. Lee, W. S. Leggett Leonard Matthews, C. Mauldin McDaniell Merritt Miller Moore, J. H. Moreland Mullinax Murphy Pafford Paris Parker, C. A. Parker, H. W.
Parrish Peterson Poss Potts Roach Ross Rowland Rush Russell Simmons
Sims Smith, G. W. Smith, V. T. Sweat Underwood Vaughan, D. N. Wamble Ward Westlake Whaley Wilson, J. M. Winkles
Those voting in the negative were Messrs.:
Adams Alexander Barfield Bennett Blalock Bond Brown, B. D. Brown, C. Busbee Carnes Cato Clarke Collins, M. Conner Cook Cooper, J. R. Cox
Crowe, W. J.
Daugherty
Dent
Dorminy
Douglas
Egan
Fallin
Gary
Gaynor
Graves
Grier Gunter Hamilton Harris, J. R. Harris, R. W. Holder Howell Johnson, A. S. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Lambert Land Lee, W. J. (Bill) Le vitas Lewis
Longino
Lovell
Lowrey
Mason
Matthews, D. R.
Maxwell
McClatchey
Mixon
Moate
Moore, Don C.
Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Palmer Reaves Richardson Scarlett Shanahan Sherman Shuman Smith, W. L. Starnes Steis
Thompson, R.
Threadgill
Townsend
Tucker
Turner
Vaughn, C. R.
Walling
Williams
Wood
WEDNESDAY, MARCH 6, 1968
2971
Those not voting were Messrs.:
Caldwell Chandler Colwell Davis DeLong Dodson Doster Farrar Fleming Grahl Hale Hargrett Hill Holder
Hood Hutchinson Jenkins Joiner Knapp Lambros Magoon Malone McCracken Melton Otwell Phillips Pickard Ragland
Rainey Savage Shields Smith, J. R. Snow Stalnaker Sullivan Thompson, A. W. Tye Ware Wells Wiggins Wilson, R. W. Mr. Speaker
On the motion to table, the ayes were 84, nays 80.
The motion prevailed and SB 30 was placed on the table.
SB 218. By Senators Maclntyre of the 40th, Plunkett of the 30th and Abney of the 53rd:
A Bill to be entitled an Act to create the Georgia Commission on the Arts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Bond Brantley, H. L. Bray Brown, B. D.
Brown, C. Buck Busbee Games Gates Cato Chandler Cheeks Clarke Collins, J. F. Collins, M. Colwell
Conner Cook Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dillon Dixon Dodson
2972
Dorminy Doster Douglas Egan Fallin Farmer Fleming Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Lambros Land Lane, Dick
JOURNAL OF THE HOUSE,
Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Pafford Palmer Paris Parker, H. W. Peterson Phillips Poss Potts Ragland Rainey
Reaves Richardson Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Sims Smith, W. L. Snow Stalnaker Starnes Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Williams Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Branch Cooper, B. Howard Laite
Parker, C. A. Parrish Shuman Simmons
Whaley Wilson, J. M.
Those not voting were Messrs.:
Anderson Ballard Barber Black
Bo stick Bowen Brantley Caldwell
Cole Cox Dean Dent
Dickinson Dollar Edwards Farrar Floyd Grahl Hadaway Hale Hall Henderson Hill
WEDNESDAY, MARCH 6, 1968
2973
Jenkins Kirksey Lambros Lane, W. J. Leonard Levitas Mason Maxwell Mixon Moore, Don C. Northcutt
Otwell Pickard Roach Smith, G. W. Smith, J. R. Smith, V. T. Steis Wells Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 151, nays 10.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Levitas of the 118th requested that he be recorded as having voted for the passage of SB 218.
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 180. By Senator Cox of the 21st: A Bill to be entitled an Act to repeal Section 24-3104 of the Code of Georgia, relating to the compensation of court reporters by counties; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Mr. Jones of the 112th moves to amend SB 180 by striking the 5th sentence of quoted section 24-3104, which sentence commences "In cases of conviction, etc.".
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 Anderson Barber
Barfield Bennett Berry, C. E. Black
Blalock Bond Bostick Bowen
2974
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. Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Fallin Farmer Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R.
JOURNAL OF THE HOUSE,
Harris, R. W. Harrison Henderson Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey
Knapp Lambert Land Lane, Dick
Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Pafford Palmer
Paris Parker, C. A Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Rainey 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
Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
WEDNESDAY, MARCH 6, 1968
2975
Those voting in the negative were Messrs.:
Ballard Battle
Berry, J. K. Moore, Don C.
Whaley
Those not voting were Messrs.:
Colwell Cooper, B. Davis Dickinson Egan Farrar Floyd
Hale Higginbotham Hill Jenkins Laite Lambros Magoon
Mason Moreland Otwell Pickard Westlake Mr. Speaker
On the passage of the Bill, the ayes were 180, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 205. By Senator Gardner of the 1st: A Bill to be entitled an Act to prohibit the intentional inhaling of fumes from model glue for the purpose of causing intoxication; to define "model glue"; and for other purposes.
The following amendment was read and adopted:
The House Special Judiciary Committee moves to amend SB 205 as follows:
By adding in the title after the provision which reads as follows:
"to provide that violation of this Act shall be a misdemeanor and punishable as such",
the following:
"to provide that no provisions of this Act shall be construed to repeal or limit certain laws or ordinances; to provide a severability clause;"
By striking the word and figure "Twenty-one (21)" wherever the same shall appear in said Act and inserting in lieu thereof the words and figure "Eighteen (18)".
By renumbering the section numbered as Section 7 to Section 9.
By adding a new Section 7 to read as follows:
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JOURNAL OF THE HOUSE,
"Section 7. No provisions in this Act shall be construed to repeal or limit existing laws or ordinances of the governing au thority of any county or municipality regulating, restricting or prohibiting the sale of model glue to any person under the age of eighteen, nor shall this Act restrict the governing authority of any county or municipality from enacting ordinances or regulations
governing the regulation of model glue not inconsistent with this Act."
By adding a new section to be known as Section 8 to read as follows:
"Section 8. 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 were not originally a part here of. 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 unconstitu tional."
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 Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cook 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
WEDNESDAY, MARCH 6, 1968
2977
Fallin Farmer Fleming Funk Gary Gay Gaynor Gignilliat Grahl Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett
Leonard Levitas Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Potts Ragland Rainey Reaves Richardson
Roach Ross Rowland Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs. Graves and Starnes.
Those not voting were Messrs.:
Branch Clarke Cooper, B. Farrar Floyd Hale Harris, J. F. Hill
Jenkins Johnson, B. Laite Lambert Magoon Mason Moore, J. H. Nash
Peterson Pickard Poss Rush Steis Vaughn, C. R. Mr. Speaker
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JOURNAL OF THE HOUSE,
On the passage of the Bill, as amended, the ayes were 180, nays 2.
The Bill, having received the requisite constitutional majority was passed, as amended.
SB 325. By Senator Shea of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 105-1, so as to pro vide that the owner of a watercraft shall be liable for any tort caused by the operation of such watercraft; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Collins, J. F.
Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dillon Dodson Dollar Dorminy Doster Douglas Edwards Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat
Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp
WEDNESDAY, MARCH 6, 1968
2979
Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J .(Bill)
Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey M alone Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Mullinax Murphy Nessmith
Newton Nimmer Northcutt Odom Oglesby Pafford Palmer Paris Parker, H. W. Parrish Phillips Poss Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons
Sims Smith, G. W. Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Underwood Vaughan, D. N. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Ballard
Dixon
Leonard
Those not voting were Messrs.:
Bray Cole Cox Dickinson Egan Fallin Farrar Hale Hill Jenkins Johnson, B.
Lambert Magoon Mason Matthews, D. R. Moore, Don C. Moore, J. H. Moreland Nash Otwell Parker, C. A. Peterson
Pickard Potts Smith, V. T. Threadgill Tucker Vaughn, C. R. Wamble Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 171, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
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SB 117. By Senators Flowers of the 10th, Searcy of the 2nd, Carter of the 14th and others:
A Bill to be entitled an Act to amend Code Section 56-2413 of the Georgia Insurance Code, relating to the contents of policies in general; and for other purposes.
The following amendment was read and adopted:
Messrs. McClatchey of the 138th and Busbee of the 79th move to amend Senate Bill No. 117 by striking the caption and providing a new caption to read as follows:
"A Bill to be entitled an Act to amend Chapter 56-24 of Title 56 of the Code of Georgia of 1933, as amended, relating to insurance, and more particularly to the insurance contract in general, by adding a new Section 56-2439 to prohibit an insurer from excluding or denying coverage be cause an aircraft has been operated in violation of Federal, State or local law, with provisions as to certain specific exclusions or conditions not thereby prohibited; to repeal conflicting laws, and for other
By striking Section 1 in its entirety and renumbering subsequent sections:
By changing the Code Section Number in Section 2 now reading "56-2440" to read "56-2439", wherever it appears;
By adding at the end of Section 2 the following:
"This Section does not prohibit the use of specific exclusions or conditions in any such policy which relates to any of the following:
a) Certification of an aircraft in a stated category by the Fed eral Aviation Administration.
b) Certification of a pilot in a stated category by the Federal Aviation Administration.
c) Establishing requirements for pilot experience.
d) Establishing limitations on the use of the aircraft.
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.
WEDNESDAY, MARCH 6, 1968
2981
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 fixed a second supplemental calendar for today's business, Wednesday, March 6, 1968, by adding and submitting the following:
HR 399-912. Development Authorities, Create
SB 364. Solicitor-General, salary from State
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
Under the general order of business established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 399-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may create Development Authorities or authorize any county or municipal corporation or combinations thereof to create Development Authorities and authorize such Authorities to issue revenue obligations for the purpose of developing industry, trade and employ ment opportunities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VII of Section VII of the Constitution is hereby amended by inserting between Paragraphs V and VI, a new Paragraph to be num bered Paragraph V-A and to read as follows:
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JOURNAL OP THE HOUSE,
"Paragraph V-A. Revenue Obligations Authorized. The devel opment of trade, commerce, industry and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create Development Authorities to promote and further such purpose or may authorize the creation of such Authority by any county or municipal corpora tion or combinations thereof under such uniform terms and condi tions as it may deem necessary. The General Assembly may exempt from taxation Development Authority obligations, properties, activi ties or income and may authorize the issuance of Revenue Obliga tions by such Authorities which shall not constitute an indebtedness of the State within the meaning of Section VII of this Article.
The General Assembly may provide for the validation of any Revenue Obligations authorized, and that such validation shall there after be incontestable and conclusive."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that the General Assembly may create Development Authorities or authorize any county or municipal cor poration or combinations thereof to create Develop-
NO ( ) ment Authorities and authorize such authorities to issue revenue obligations for the purpose of develop ing industry, trade and employment opportunities."
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.
WEDNESDAY, MARCH 6, 1968
2983
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, 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 C aid well Games Gates Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean Dent Dillon Dixon Dorminy Douglas Edwards Egan
Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lowrey
Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R.
2984
JOURNAL OF THE HOUSE,
Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W.
Thompson, R. Townsend Tucker Turner Tye Underwood Vaghan, D. N. Vaughn, C. R. Walling
Wamble Ward Ware Westlake Whaley Williams Winkles Wood
Those not voting were Messrs.:
Cato Cooper, B. Crowe, W. J. DeLong Dickinson Dodson Dollar Doster Farrar Grahl Hall
Henderson Hill Jenkins Knapp Levitas Lovell Magoon Moreland Odom Oglesby Pickard
Potts Ragland Rainey Ross Threadgill Wells Wiggins Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 230. By Senator Smalley of the 28th:
A Bill to be entitled an Act to create the "Georgia Business Corporations Act"; to comprehensively revise and supersede the present laws relating to business corporations; to provide for a title and definitions, and to establish provisions prescribing the application of this Act; and for other purposes.
By unanimous consent, further consideration of SB 230 was postponed until tomorrow, March 7, 1968.
SB 353. By Senators Johnson of the 42nd, Minish of the 48th, Sells of the 37th and others:
A Bill to be entitled an Act to amend an Act known as the "Metropoli tan Atlanta Rapid Transit Authority Act of 1965", so as to clarify what
WEDNESDAY, MARCH 6, 1968
2985
costs may be capitalized as costs of a rapid transit system or project; and for other purposes.
By unanimous consent, further consideration of SB 353 was postponed until tomorrow, March 7, 1968.
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.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, March 7, 1968
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. S. Hamilton, Pastor, Tabernacle 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 business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Thursday, March 7th, 1968, and submits the following:
SB 30. Trial Judges and Solicitors' Retirement Fund (Tabled) SB 31. Superior Court Judges' Emeritus
THURSDAY, MARCH 7, 1968
2987
SB 117. Georgia Insurance Code, amend SB 154. Sporting and entertainment events SR 178. Uniform Consumer Credit Code, committee SB 199. Georgia Administrative Procedure Act SB 202. Board of Pardons and Paroles, rule making purposes SB 230. Georgia Business Corporation Act, create SB 322. General Assembly members, license plates SB 353. Metro Atlanta Rapid Transit SB 364. Solicitor-General, salary from State
All Compensation Resolutions
All Local Contested Bills
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully Submitted, /s/ George D. Busbee
Busbee of the 79th, Vice-Chairman
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1656. By Messrs. Farmer of the 29th, Levitas of the 118th, Lee of the 79th, Bray of the 43rd and Cato of the 89th:
A Bill to be entitled an Act to create a Bureau of Criminal Statistics; and for other purposes.
HB 1657. By Mr. Gunter of the llth:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Habersham County, known as the fee system; and for other purposes.
HB 1658. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to require all indictments and accusations for any criminal offense in any Court of Record in this State to be either typed or printed, including names of witnesses for the State,
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JOURNAL OF THE HOUSE,
exclusive of signatures wherever they are required; to prohibit altera tions, deletions and interlineations; and for other purposes.
HB 1659. By Messrs. Cook of the 123rd, Egan of the 140th and Walling of the 118th:
A Bill to be entitled an Act to amend the Income Tax Act of 1931, relating to allowable deductions from gross income in computing net income, so as to allow as a deduction amounts paid by self-employed individuals or owner-employees to retirement programs pursuant to a plan adopted by such individuals and approved by the Internal Revenue Service; and for other purposes.
SR 223. By Senator Coggin of the 35th:
A Resolution calling for certain meetings in order to promote liaison between the Congressional Delegation of the State of Georgia and the Governor and General Assembly; and for other purposes.
SB 414. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Fannin; to provide manner of their election; to define their duties and powers; fix their compensation and term of office; and for other purposes.
SB 420. By Senator Minish of the 48th:
A Bill to be entitled an Act to abolish the present mode of compensating the solictor general of the Piedmont Judicial Circuit, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, and other emoluments shall become the property of the counties comprising said circuit; and for other purposes.
SB 398. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend an Act regulating the occupation of cosmetology, creating the Georgia State Board of Cosmetology, so as to change the qualifications of members of the Georgia State Board of Cosmetology; and for other purposes.
SB 417. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act regulating traffic on the streets and highways, so as to provide that the Governor may revoke the power of county of municipal governing authorities to enforce traffic laws, ordinances, or regulations on State and federal highways; and for other purposes.
THURSDAY, MARCH 7, 1968
2989
SB 397. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act", so as to redefine insurance or endowment policies or annuity contracts which shall not constitute "Securities" as such term is used in the Georgia Securities Act; and for other purposes.
SR 251. By Senator Spinks of the 9th: A Resolution clarifying and changing the Jefferson Davis Memorial Highway; and for other purposes.
SR 85. By Senator Miller of the 43rd: A Resolution proposing an amendment to the Constitution, so as to change the procedure for selecting the official organ of DeKalb County; and for other purposes.
SR 254. By Senators Flowers of the 10th and Kidd of the 25th: A Resolution creating a joint committee to study state government employment; and for other purposes.
SB 396. By Senator Spinks of the 9th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Insurance Code", so as to define the terms "Variable Annuity Contract"; and for other purposes.
SB 419. By Senators Smith of the 18th, Holloway of the 12th and Minish of the 48th:
A Bill to be entitled an Act to amend an Act creating the State Planning and Programming Bureau, so as to change the powers, duties and re sponsibilities of said bureau; 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 following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 273. Do Pass.
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JOURNAL OF THE HOUSE,
SB 386. Do Pass. SB 398. Do Pass.
Respectfully submitted, Smith of 3rd, 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 Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 274. Do Pass as Amended. SB 277. Do Pass by Substitute. SB 391. Do Pass. SB 410. Do Pass as Amended. HR 862. Do Pass.
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 following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 800. Do Pass.
HR 815. Do Pass.
Respectfully submitted, Williams of 16th, Chairman.
Mr. McCracken of the 49th Chairman of the Committee on State of Republic submitted the following report:
THURSDAY, MARCH 7, 1968
2991
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 263. Do Pass. SB 270. Do Pass by Substitute. SB 74. Do Pass by Substitute.
Respectfully submitted, McCracken of 49th Chairman.
Mr. Matthews of the 29th, Chairman of the Committee on University System of Georgia submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 183. Do Pass by Substitute. Respectfully submitted, Matthews of 29th, Chairman.
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 391. By Senator Pincher of the 51st:
A Bill to be entitled an Act to change the School Districts of the Cherokee County School System; to provide for all matters relative to 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
SB 274. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act entitled 'An Act to establish the Criminal Court of Atlanta'", pertaining to the offices of the judge and solicitor general of the Criminal Court of Fulton County; and for other purposes.
The following amendment was read and adopted: The Committee on Local Affairs moves to amend SB 274 as follows: By inserting in the title between the word "exception;" and the
word "to" the following: "to provide an effective date;" By renumbering Section 2 as Section 3. By adding a new Section 2 to read as follows: "Section 2. The provisions of this Act shall become effective on January 1, 1971."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 277. By Senators Johnson of the 38th, Sells of the 37th, Ward of the 39th and others:
A Bill to be entitled an Act to amend an Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, Section 7, of Article 6 of the Constitution of the State of Georgia, per taining to the office of Judge of the Civil Court of Fulton County; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amendment to
THURSDAY, MARCH 7, 1968
2993
Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex officio justice of the peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all justice courts and the office of justice of the peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other pur poses," approved August 20, 1913 (Ga. Laws 1913, p. 145), as amended, particularly by an Act approved March 12, 1956 (Ga. Laws 1956, p. 3271), so as to provide that vacancies occurring in the office of Judge of the Civil Court of Pulton County shall be filled by the Governor appointing a successor to serve until the next general election at which time a successor shall be elected; to provide for an exception; to pro vide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex officio justice of the peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all justice courts and the office of justice of the peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of At lanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers and compen sation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of constable in said city; to provide for separate sections of said court; to define the ter ritorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes," approved August 20, 1913 (Ga. Laws 1913, p. 145), as amended particularly by an Act approved March 12, 1956 (Ga. Laws 1956, p. 3271), is hereby amended by adding at the end of Section 13 the following:
"Any other provisions of this Act to the contrary notwith standing, in the event of a vacancy arising in the office of Judge of the Civil Court of Pulton County by death, resignation, or other wise, the Governor shall appoint a successor to such office to serve until the next general election at which time a successor shall be
2994
JOURNAL OF THE HOUSE,
elected by the voters of Fulton County to serve out the unexpired term of office, except that in the event the term of office shall expire within 90 days of the next general elections, the person ap pointed by the Governor to fill the vacancy shall serve out the unexpired term of office."
Section 2. The provisions of this Act shall become effective on January 1, 1971.
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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following message was received from the Senate through Mr. McWhorter Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 582. By Mr. Moate of the 39th: A Bill to amend an Act placing the sheriff, ordinary, and the clerk of the superior court of Hancock County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of said officers; and for other purposes.
HB 1227. By Messrs. Caldwell of the 51st, Lee, Gary and Northcutt of the 35th, Melton and Brown of the 34th: A Bill to amend an Act entitled "An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson, and Fayette", so as to fix the compensation of the Solicitor General of the Griffin Judicial Circuit; and for other purposes.
HB 1270. By Messrs. Crowe and Snow of the 1st: A Bill to provide that in all counties of this State having a population of not less than 44,000, nor more than 45,300, it shall be unlawful to
THURSDAY, MARCH 7, 1968
2995
hunt, catch, take or kill foxes by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds; and for other purposes.
HB 1323. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to provide for the election of the members of the Board of Educa tion of Carroll County; to provide for numbering positions on the Board; and for other purposes.
HB 1400. By Mr. Hargrett of the 77th:
A Bill to amend an Act providing additional terms for the Superior Court of Wayne County, so as to provide that a Judge of said Superior Court in his discretion may empanel a grand jury for either the January or June term or both; and for other purposes.
HB 1481. By Mr. Dodson of the 107th: A Bill to amend an Act creating a new Charter for the City of Macon, so as to change the time the mayor and aldermen shall take office; and for other purposes.
HB 1487. By Mr. Smith of the 54th: A Bill to amend an Act incorporating the City of Swainsboro, so as to increase the corporate limits, to change the provisions relative to the registration of voters and to change the method of conducting municipal elections; and for other purposes.
HB 1488. By Mr. Smith of the 54th: A Bill to amend an Act incorporating the City of Twin City, so as to change the provisions relative to registration of voters and the con ducting of municipal elections; and for other purposes.
HB 1509. By Mr. Ballard of the 37th: A Bill to amend an Act repealing an Act incorporating the City of Covington and creating a new charter to the City of Covington, so as to provide certain limitations on the conduct of the members of the council, the mayor, other city officials and employees; and for other purposes.
HB 1523. By Mr. Newton of the 50th: A Bill to amend an Act establishing a board of commissioners of roads and revenues for the county of Jenkins, so as to increase the number of members of said board; and for other purposes.
2996
JOURNAL OF THE HOUSE,
HB 1524. By Mr. Newton of the 50th:
A Bill to create a new Board of Education of Jenkins County; and for other purposes.
HB 1527. By Mr. Pafford of the 97th:
A Bill to provide a supplementary salary payable from county funds for certain clerks of the superior courts of this State; and for other purposes.
HB 1531. By Mr. McCracken of the 49th:
A Bill to add two members of the board of education of Jefferson Coun ty; and for other purposes.
HB 1535. By Mr. Moore of the 12th:
A Bill to amend an Act placing the Sheriff of Stephens County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 1536. By Mr. Moate of the 39th:
A Bill to amend the original New Charter of the City of Eatonton, so as to provide for an increase in the salaries and compensation of the members of council; and for other purposes.
HB 1537. By Mr. Moore of the 12th:
A Bill to amend an Act placing the Clerk of the Superior Court of Stephens County upon annual salary, so as to increase the salary of the Clerk of the Superior Court and to increase the allotment of County funds for the purpose of compensating personnel within his office; and for other purposes.
HB 1539. By Mr. Moore of the 12th:
A Bill to amend an Act placing the Ordinary of Stephens County upon an annual salary, so as to change the salary of the Ordinary; and for other purposes.
HB 1544. By Mr. Lewis of the 50th:
A Bill to amend an Act abolishing the mode of compensating the sheriff of Burke County, so as to change the compensation of the sheriff; and for other purposes.
THURSDAY, MARCH 7, 1968
2997
HB 1546. By Mr. Shuman of the 65th:
A Bill to amend an Act creating a new charter for the Town of Guyton, so as to change the qualifications for voters and time of holding elec tions; and for other purposes.
HB 1548. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to amend an Act creating the City Court of Americus, so as to change the compensation of the Judge of the City Court of Americus; and for other purposes.
HB 1552. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change the provisions relating to the appoint ment of members of the Authority; and for other purposes.
HB 1553. By Messrs. Matthews and Farmer of the 29th:
A Bill to amend an Act fixing the compensation of the judge of the juvenile Court of Clarke County, so as to change the compensation of the judge; and for other purposes.
HB 1556. By Messrs. Gary, Northcutt and Lee of the 35th:
A Bill to amend an Act incorporating the City of Riverdale, so as to delete provisions thereof prohibiting increases of the salaries and compensation of the mayor and council and other officers, agents and employees during their respective terms of office; and for other pur poses.
HB 1557. By Mr. Hadaway of the 46th:
A Bill to amend an Act creating a board of commissioners of roads and revenues for Jones County, so as to provide for commissioner posts; and for other purposes.
HB 1558. By Mr. Hadaway of the 46th:
A Bill to amend an Act placing the sheriff of Jones County on an annual salary in lieu of the fee system of compensation, so as to pro vide for the appointment of two additional deputies; and for other purposes.
HB 1560. By Mr. Hadaway of the 46th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Jasper County, so as to provide for commission posts; and for other purposes.
2998
JOURNAL OP THE HOUSE,
HB 1562. By Messrs. Nessmith and Lane of the 64th:
A Bill to amend an Act creating the City Court of Statesboro, so as to change the name of the City Court of Statesboro to the "Civil and Criminal Court of Bulloch ounty"; and for other purposes.
HB 1563. By Messrs. Nessmith and Lane of the 64th:
A Bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Bulloch County, so as to change the compensation of said Clerk of the Superior Court; and for other purposes.
HB 1564. By Messrs. Nessmith and Lane of the 64th:
A Bill to amend an Act providing that the Ordinary of Bulloch County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of the ordinary; and for other purposes.
HB 1565. By Messrs. Nessmith and Lane of the 64th: A Bill to amend an Act changing the compensation of the Sheriff of Bulloch County from a fee system to a salary system, so as to change the compensation of the sheriff; and for other purposes.
HB 1566. By Messrs. Nessmith and Lane of the 64th: A Bill to amend an Act creating a board of commissioners of roads and revenues for Bulloch County, so as to change the compensation of the Chairman of the Board of Commissioners; and for other purposes.
HB 1567. By Messrs. Nessmith and Lane of the 64th: A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to change the provisions relating to the compensation of the assistants for the tax commissioner; and for other purposes.
HB 1568. By Messrs. Lane and Nessmith of the 64th: A Bill to amend an Act creating a new charter for the City of States boro, so as to provide that candidates for Mayor and Councilmen shall be required to qualify within a certain length of time before elections; and for other purposes.
HB 1569. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Shuman of the 65th, Newton of the 50th and Lewis of the 50th: A Bill to change the terms of Superior Courts of the Ogeechee Judicial Circuit; and for other purposes.
THURSDAY, MARCH 7, 1968
2999
HB 1570. By Messrs. Nessmith and Lane of the 64th:
A Bill to amend an Act incorporating the town of Brooklet in Bulloch County, so as to change the provisions relating to fines for violations of ordinances, charter provisions and by laws; and for other purposes.
HB 1578. By Messrs. Wilson and Henderson of the 102nd, McDaniell of the 101st:
A Bill to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
HB 1579. By Messrs. Wilson and Henderson of the 102nd, Cooper of the 103rd, and McDaniell of the 101st:
A Bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to change the rate of interest payable and maturity date of revenue bonds; and for other purposes.
HB 954. By Mr. McClatchey of the 138th:
A Bill to amend an Act to provide for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, so as to provide that the Public Defender of Fulton County shall be eligible for membership in the Judges' and Solicitor Generals' Retire ment Fund; and for other purposes.
HB 987. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th and others:
A Bill to amend an Act creating the offices of the State Highway, Chairman of the State Highway Board, and Treasurer of the State Highway Department, so as to change the qualifications of the Director of the State Highway Department; and for other purposes.
HB 1122. By Mr. Lambert of the 38th:
A Bill to amend Code Section 39-1105, so as to change the rates to be allowed to the publishers for publishing legal advertisements; and for other purposes.
HB 1346. By Messrs. Nessmith of the 64th, Matthews of the 94th, Lowrey of the 13th and others:
A Bill to amend an Act known as the "Georgia Agricultural Commodi ties Promotion Act", so as to repeal the definition of and all provisions relating to "marketing agreements"; and for other purposes.
3000
JOURNAL OF THE HOUSE,
The Senate has adopted by substitute by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 620-1348. By Messrs. Nessmith of the 64th, Matthews of the 94th, Lowrey of the 13th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide the programs for the pro motion of agricultural products including provisions for quality and/or product control may be instituted, continued or terminated in accord ance with the results of a referendum conducted; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 217-712. By Messrs. Russell of the 92nd, Barber of the 24th and Laite of the 109th:
A Resolution proposing a constitutional amendment so as to authorize the General Assembly to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the twelfth grade; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House: to wit:
HB 921. By Messrs. Murphy of the 26th and Blalock of the 33rd:
A Bill to amend Code Chapter 26-28, so as to provide that no person shall intentionally convert to his own use any personal property which has been delivered under the terms of a lease or rental agreement under certain conditions; and for other purposes.
HB 977. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th and others:
A Bill to amend an Act governing and regulating the use of the public roads and highways of this State, so as to provide law enforcement of ficers and employees of the State Highway Department with authority to weigh and measure motor vehicles; and for other purposes.
HB 1354. By Messrs. Matthews of the 94th, Lowrey of the 13th, Peterson of the 59th and others:
A Bill to be known as the "Georgia Agricultural Commodities Sales Promotion Act"; to provide for the use, utilization and improvement of
THURSDAY, MARCH 7, 1968
3001
the agricultural products of this State through sales promotion thereof; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 557. By Messrs. Dillon of the 128th and Carnes of the 129th:
A Bill to create a State Board of Examiners of Plumbing Contractors; and for other purposes.
HB 1010. By Messrs. Busbee of the 79th and Cates of the 123rd:
A Bill to amend an Act entitled "An Act to provide revenue and a source of revenue for the purposes of paying pensions to the firemen of the State of Georgia, so as to provide that regular employees of the Georgia Fireman's Pension Fund under certain conditions will be eligible for membership in the fund; and for other purposes.
The Senate has agreed to the House substitute to the following Resolutions of the Senate, to-wit:
SR 218. By Senators Johnson of the 38th, Stephens of the 36th, Smith of the 34th and others:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Atlanta to issue bonds without referendum and without regard to limitations on the maximum indebtedness authorized by other provisions of this Constitution; and for other purposes.
SR 179. By Senators Johnson of the 38th, Maclntyre of the 40th; and others:
A Resolution proposing an amendment to the Constitution so as to au thorize the City of Atlanta to incur debt to the extent of fourteen percentum of the assessed value of taxable property therein; and for other purposes.
The Senate insists on its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:
HB 1159. By Messrs. Williams of the 16th and Johnson of the 40th, and others:
A Bill to amend an Act, so as to change the number of chains or cables which secure pulpwood to the vehicles on which it is being trans ported.
3002
JOURNAL OP THE HOUSE,
The president has appointed on the part of the Senate the following Senators: Fincher of the 51st, Eldridge of the 7th, and Gillis of the 20th.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:
HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A Bill to amend an Act providing appropriations for the fiscal years 1967-1968 and 1968-1969, generally known as the General Appropria tions Act, so as to change the appropriations and provisions relative to the fiscal year 1968-1969; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:
SB 189. By Senator Coggin of the 35th:
A Bill to change the compensation of the State Revenue Commissioner; and for other purposes.
The Senate has agreed to the House amendment to the following Resolutions of the Senate, to-wit:
SR 180. By Senators Johnson of the 38th, Maclntyre of the 40th, Smith of the 34th and others:
A Resolution proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the City of Atlanta to issue bonds without a referendum election under certain conditions; and for other purposes.
SR 184. By Senators Smith of the 34th, Maclntyre of the 40th, Johnson of the 38th and others:
A Resolution proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the City of Atlanta to issue bonds without a referendum election under certain conditions; and for other purposes.
The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:
THURSDAY, MARCH 7, 1968
3003
SB 314. By Senator London of the 50th:
A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt shavings and saw dust from wood when used directly in tilling the soil or animal or poultry husbandry from the tax imposed by said Act; and for other purposes.
The Senate requests that the following Bill of the House be returned to the Senate to correct a typographical error in the original Bill, to-wit:
HB 765. By Messrs. Vaughan and Harris of the 14th:
A Bill to amend an Act creating a new charter for the city of Cartersville, so as to authorize the governing authority to change the ward boundaries; to provide compensation for the mayor and board of aldermen; and for other purposes.
The Senate recedes from its substitute to the following Bill of the House, to-wit:
HB 1370. By Mr. Nimmer of the 84th:
A Bill to amend an Act creating the office of commissioners of roads and revenues of the County of Brantley, so as to reduce the number of commissioners; and for other purposes.
By unanimous consent, the Clerk was directed to return the following Bill of the House to the Senate for correction:
HB 765. By Messrs. Vaughan and Harris of the 14th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to authorize the governing authority to change the ward boundaries; to provide compensation for the mayor and board of aldermen; and for other purposes.
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:
3004
JOURNAL OF THE HOUSE,
HB 953. By Messrs. Lane of the 126th, Dillon of the 128th, Bond of the 136th, Brown of the 135th and others:
A Bill to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees, so as to pro vide increase pensions to certain employees; and for other purposes.
HB 971. By Mr. McClatchey of the 138th:
A Bill to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, so as to allow certain eligible persons to become members of the retirement fund; and for other purposes.
HB 1582. By Mr. Conner of the 91st:
A Bill to consolidate the offices of tax receiver and tax collector of Bacon County into the office of Tax Commissioner; and for other purposes.
HB 1615. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a Charter to that municipality under that name and style; and for other purposes.
HB 1624. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing in lieu thereof an annual salary for the Sheriff, so as to change the compensation of the Sheriff; and for other purposes.
HB 1623. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing in lieu thereof an annual salary for the Ordinary, so as to change the compensation of the Ordinary; and for other purposes.
HB 1625. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to amend an Act abolishing the present mode of compensating the clerk of the superior court of Fayette County, so as to change the compensation of the clerk of the superior court; and for other purposes.
HB 1626. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Fayette County, so as to change the compensation of the Tax Commissioner; and for other purposes.
THURSDAY, MARCH 7, 1968
3005
HB 1628. By Mr. Moate of the 39th:
A Bill to reincorporate the City of Sparta in the County of Hancock; to create a new charter for said city; and for other purposes.
HB 1200. By Messrs. DeLong and Sherman of the 103th, Fleming, Maxwell of the 106th, Cheeks and Dent of the 104th:
A Bill to provide that it shall be unlawful for any person to deposit or dump trash, garbage, refuse and waste on any public or private property other than an approved sanitary landfill in certain counties; and for other purposes.
HB 1588. By Mr. Pafford of the 97th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson, so as to create a Board of Commissioners of Roads and Revenues composed of three members, each to be elected from one of the 3 militia districts in Atkinson County; and for other purposes.
HB 1589. By Mr. Pafford of the 97th:
A Bill to amend an Act abolishing the fee system of compensation for the sheriff of Clinch County and providing a salary system in lieu thereof, so as to change the compensation of the sheriff; and for other purposes.
The Senate has passed, by Substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1467. By Messrs. Malone, Palmer, Smith and Vaughn of the 117th, Westlake, Higginbotham, Davis and Jenkins of the 119th:
A Bill to amend an Act supplementing the existing laws of this State which enable DeKalb County to exercise the powers of planning zoning and rezoning, so as to improve, clarify and make more complete the methods and procedures for the regulation of zoning and rezoning and ways setting the use to which land and/or the improvements thereon may be lawfully put; and for other purposes.
HB 1486. By Messrs. Johnson of the 40th, and Ross of the 31st: A Bill to abolish the present mode of compensating the Solicitor-General of the Toombs Judicial Circuit known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The Senate insists on its substitute to the following Bill of the House, to-wit:
3006
JOURNAL OF THE HOUSE,
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 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.
Under the general order of business established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:
SB 364. By Senators McGill of the 24th, Fincher of the 51st, Carter of the 14th and others:
A Bill to be entitled an Act to provide a salary payable from State funds for each solicitor general effective at the beginning of the next term of office of each solicitor general; and for other purposes.
The following substitute, offered by Mr. Douglas of the 60th was read:
A BILL
To be entitled an Act to provide a salary from State funds for each solicitor general of the Superior Courts; to provide for the disposi tion of all fees, fines, forfeitures, costs and commissions formally allowed Solicitors General of the Superior Courts; to provide for sup plemental salaries; to provide that said Solicitors General shall continue to receive a contingent expense allowance; to prohibit said Solicitors General from engaging in the private practice of law; to provide for offices, office expenses, equipment, travel expenses, supplies and per sonnel; to provide for the compensation of Solicitors General Pro Tern of the Superior Courts; to provide when the foregoing provisions shall become effective; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Effective June 30th following the expiration of the term of office of each Solicitor General of the Superior Courts, the present com pensation and method of compensation accruing to each Solicitor Gen eral by the State of Georgia shall be abolished and in lieu thereof, each such Solicitor General shall receive an annual salary of eighteen thousand dollars ($18,000.00), payable in equal monthly installments from State funds by the State Treasurer, which shall include the sum provided for Solicitors General by the provisions of Article VI, Section XII, Paragraph 1 of the Constitution of the State of Georgia.
SECTION 2
The Solicitor General of any judicial circuit, who has been placed upon an annual salary, prior to the approval date of this Act in lieu
THURSDAY, MARCH 7, 1968
3007
of the fee system, shall continue to receive the compensation provided for in the Act and amendments thereto, which abolished the fee system of compensation for his particular office and placed him upon an an nual salary until the 30th day of June following the expiration of the term of office to which he was elected, at which time he shall receive compensation in accordance with the provisions of this Act.
SECTION 3
At such time as is provided for in Section 1, all fees, fines, forfei tures, costs and commissions formerly allowed solicitors general for their services as a solicitor general or as a solicitor of any other court shall become the property of that county in which the services of the solicitor general were rendered. The appropriate official charged with the responsibility of collecting such fees, fines, forfeitures, costs, com missions and emoluments shall continue to collect the same, and they shall be remitted by such official to the fiscal authority of the county entitled to such emoluments by the fifteenth day of the month following their collection. However, any such fees, fines, forfeitures, costs, com missions and emoluments collected after the time provided for in Section 1 for services rendered prior to such time shall be the property of the solicitor general and shall be paid to him.
SECTION 4
Nothing contained within this Act shall be construed so as to pro hibit any county or any combination of counties from supplementing the salary provided for in Section 1 of this Act for the solicitor general in such amount as shall be fixed by the provisions of any local law per taining thereto which shall be enacted subsequent to the approval of this Act.
SECTION 5
The Solicitors General shall continue to receive the contingent ex pense allowance for them under the provisions of an Act approved March 10, 1966 (Ga. Laws 1966, p. 438) and amendments thereto; but at such time as is provided in Section 1, each Solicitor General shall not be entitled to and shall not receive any other compensation from the State of Georgia for his services as the Solicitor General of the Superior Court or any other Court, except in accordance with Section 1 of this Act, regardless of in what capacity they may have been rendered and notwith standing the provisions of any laws to the contrary.
SECTION 6
No Solicitor General receiving an annual salary under the provisions of Section 1 shall engage in the private practice of law except to the extent necessary to complete pending matters acquired by him prior to receiving said annual salary.
SECTION 7
In the absence of provisions contained within local acts presently governing the subject or in local acts which may be enacted subsequent
3008
JOURNAL OF THE HOUSE,
to this Act, the governing authority shall provide all necessary offices, utilities, telephone expense, materials and supplies as shall be necessary to equip, maintain and furnish the office of the Solicitors General of that county's Superior Court, and said governing authority shall pay all necessary expenses connected with the operation of the Solicitor Gen eral's office within such county. The county or counties within a Judicial Circuit shall provide such secretarial help as may be needed by the Solicitor General and the actual travel expenses incurred by him in the performance of his official duties, and may provide additional personnel to assist him as may be necessary to ensure the orderly and efficient operation of the Solicitor General's office as may be provided for by the provisions of local acts pertaining thereto.
SECTION 8
Any person discharging the duties of a solicitor general pursuant to the provisions of Code Section 24-2913 shall receive the same compen sation as is provided for in Section 1.
SECTION 9
All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment, offered by Mr. Murphy of the 26th, was read and lost.
The following amendments were read and adopted:
Mr. Dickinson of the 27th moves to amend the floor substitute to SB 364 as follows:
Section 1. By striking the words "by the State of Georgia" from 3rd line.
Messrs. Dickinson of the 27th and Harris of the 85th move to amend the floor substitute to SB 364 as follows:
Strike the word "shall" wherever it shall appear in Section 7 and insert in lieu thereof the word "may".
Mr. Farrar of the 118th moves to amend the floor substitute to SB 364 as follows:
By changing Section 4 to read as follows:
Nothing contained within this Act shall be construed so as to prohibit any county or combination of counties from supplementing the salary provided for in Section 1 of this Act for the solicitor gen eral in such amount as shall be hereafter fixed by the provisions for any local law pertaining thereto.
THURSDAY, MARCH 7, 1968
3009
An amendment, offered by Mr. Wigging of the 32nd, was read and lost.
An amendment, offered by Mr. Jones of the 76th, was read and lost.
An amendment, offered by Mr. Ross of the 31st, was read and lost.
On the adoption of the floor 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 Black Blalock Bostick Bo wen Brantley, H. L. Bray Brown, B. D. Carnes Gates Cato Cheeks Clarke Cole Collins, J. F. Colwell Conner Cook Cooper, B. Crowe, William Dailey Da vis Dean DeLong Dent Dickinson Dillon Douglas Egan Farrar Fleming Gary Gay Grahl Graves Grier Gunter
Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jordan, G. Kaylor Kirksey Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Longino Lovell Lowrey Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Moore, Don C. Moore, J. H. Nessmith Newton
Nimmer Northcutt Oglesby Otwell Pafford Parker, C. A. Parker, H. W. Parrish Poss Potts Ragland Rainey Roach Ross Rowland Rush Savage Shanahan Sherman Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Snow Starnes Steis Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Wiggins Williams Wilson, J. M. Winkles
Wood
3010
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Barfield Battle Bennett Berry, C. E. Berry, J. K. Buck Busbee Caldwell Chandler Collins, M. Cooper, J. R. Crowe, W. J. Daugherty Dixon Dodson Dorminy Doster Edwards Fallin Farmer Floyd
Funk Gaynor Gignilliat Henderson Howell Jones, C. M. Jones, M. Jordan, W. H. Lambert
Lee, W. S. Magoon Malone Mason Matthews, D. R. McCracken Mixon Moreland Mullinax Nash Palmer Peterson
Those not voting were Messrs.:
Alexander Bond Branch Brantley, H. H. Brown, C. Cox Dollar Hadaway
Hale Harrington Harris, R. W. Harrison Higginbotham Hill Holder Knapp
Moate Murphy Odom Paris Phillips Scarlett Mr. Speaker
On the adoption of the floor substitute, as amended, the ayes were 120, nays 62.
The substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Anderson
Barber Black
Blalock Brantley, H. L.
Bray Brown, B. D. Carnes Gates Cato Cheeks Clarke Cole Collins, J. F. Colwell Conner Cook Cooper, B. Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Douglas Egan Farrar Fleming Gary Gay Grahl Graves Grier Gunter Hall Hamilton Hargrett Harris, J. R.
THURSDAY, MARCH 7, 1968
3011
Henderson Holder Hood Howard Hutchinson Johnson, A. S. Johnson, B. Joiner Jordan, G. Kaylor Kirksey Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Longino Lovell Lowrey Maxwell McClatchey McDaniell Melton Merritt Miller Moore, Don C. Moore, J. H. Murphy Nessmith Newton Nimmer Northcutt Oglesby
Otwell Parker, C. A. Parker, H. W. Parrish Poss Potts Ragland Rainey Roach Ross Rowland Rush Savage Shanahan Sherman Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Starnes Steis Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Wiggins Williams Wilson, J. M. Winkles Wood
Those voting in the negative were Messrs.:
Ballard Barfield Battle Bennett Berry, C. E. Berry, J. K. Bo stick Bowen Buck Busbee Caldwell Chandler Collins, M. Cooper, J. R. Crowe, W. J. Dixon
Dodson Dorminy Doster Edwards Fallin Farmer Floyd Funk Gaynor Gignilliat Hadaway Harrington Harris, J. F. Harris, R. W. Hill Howell
Jenkins Jones, C. M. Jones, M. Jordan, W. H. Knapp Lambert Lee, W. S. Lewis Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McCracken Mixon
3012
Moate Moreland Mullinax Nash Pafford Palmer Pickard Reaves Richardson
JOURNAL OF THE HOUSE,
Russell Shields Smith, W. L. Snow Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill
Tye Wamble Ware Wells Westlake Whaley Wilson, R. W.
Those not voting were Messrs.:
Alexander Bond Branch Brantley, H. H. Brown, C. Cox Dollar
Hale Harrison Higginbotham Laite Odom Paris Peterson
Phillips Scarlett Simmons Stalnaker Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 113, nays 73.
The Bill, having received the requisite constitutional majority, was passed.
Under Rule 194 of the House, Mr. Paris of the 23rd moved to disqualify him self from voting on SB 364, by substitute, as amended, for the reason that the said Bill deals with the salary of the solicitors general of Georgia and stated that his law partner is the solicitor general of the Piedmont Judicial Circuit.
SR 178. By Senator Kidd of the 25th: A Resolution creating a committee to monitor the progress of the Uniform Consumer Credit Code; and for other purposes.
The following amendment was read and adopted: Mr. Jones of the 112th moves to amend SR 178 as follows: By striking from the seventh paragraph the following: "six members of the House of Representatives"
and inserting in lieu thereof the following: "nine members of the House of Representatives."
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3013
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 162, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
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 230. By Senator Smalley of the 28th:
A Bill to be entitled an Act to create the "Georgia Business Corporation Act"; to provide for a title and definitions, and to establish provisions prescribing the application of this Act; and for other purposes.
The following amendment was read:
Special Judiciary Committee moves to amend the Senate Judiciary Committee Substitute for SB 230 in the following particulars:
(1) By striking from the caption of said Bill in the thirteenth line b"teotwbeee"n. the word "corporations" and the word "incorporated" the words
(2) By striking from the second line of quoted Code Section 22-101 of Section 1 of said Bill the figures "22-1999" and substituting in lieu thereof the figures "22-2099".
(3) By striking from subparagraph (e) of quoted Code Section 22-102 of Section 1 of said Bill the word "interest" and inserting in lieu thereof the word "interests".
(4) By adding to the end of subparagraph (o) of quoted Code Sec tion 22-102 of Section 1 of said Bill the following:
"or created or arising out of a reappraisal of the assets of the corporation by the board of directors acting in good faith."
(5) By striking subparagraph (r) from quoted Code Section 22-102 of Section 1 of said Bill in its entirety.
(6) By striking from the end of the fourth line of subparagraph (d) of quoted Code Section 22-103 of Section 1 of said Bill the word "limitation" and inserting in lieu thereof the word "limitations".
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(7) By striking from the last line of quoted Code Section 22-107 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
(8) By striking from the caption of quoted Code Section 22-108 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
(9) By striking from the third line of subparagraph (a) (2) of quoted Code Section 22-202 of Section 1 of said Bill the word "Act" and and inserting in lieu thereof the word "Code".
(10) By striking from the first line of subparagraph (c) of quoted Code Section 22-203 of Section 1 of said Bill the word "this".
(11) By striking from subparagraph (a) (3) (C) of quoted Code Section 22-301 of Section 1 of said Bill the word "Act" and substituting in lieu thereof the word "Code".
(12) By striking from subparagraph (a) (3) (D) of quoted Code Section 22-301 of Section 1 of said Bill the words "this Act" and substi tuting in lieu thereof the phrase "Section 22-303.".
(13) By adding a new subparagraph to subparagraph (b) of quoted Code Section 22-301 of Section 1 of said Bill to be numbered "(1)" to read as follows:
"(1) Prevent the use of the name of any corporation, whether domestic or foreign, by another corporation where the first corpora tion has consented to such use and the name of the second cor poration contains other words or characters which distinguish it from the name of the first corporation."
and by renumbering subparagraphs (1) and (2) of quoted subparagraph (b) as (2) and (3).
(14) By striking the first sentence from subparagraph (b) of quoted Code Section 22-302 of Section 1 of said Bill in its entirety and substituting in lieu thereof the following:
"The reservation shall be made by making application to the Secretary of State to reserve a specified corporate name."
(15) By striking from the end of subparagraph (a) of quoted Code Section 22-303 of Section 1 of said Bill the figures "22-301" and insert ing in lieu thereof the figures "22-1403".
(16) By adding a new subparagraph (d) to quoted Code Section 22-303 of Section 1 of said Bill to read as follows:
"(d) The Secretary of State may revoke any registration if, after hearing in his office, he finds that the application therefor or any renewal thereof was not made in good faith."
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(17) By striking from subparagraph (a) (2) of quoted Code Sec tion 33-401 of Section 1 of said Bill the words:
"or another domestic corporation, or a foreign corporation au thorized to transact business in this State, such domestic or foreign corporation having a business office indentical with such registered office."
and by striking from the second line of said subparagraph the word "either".
(18) By striking the words "or its" from the first line and the words "or it" from the second and third lines of subparagraph (e) of quoted Code Section 22-402 of Section 1 of said Bill.
(19) By striking from the third and fifth lines of subparagraph
(c) of quoted Code Section 22-404 of Section 1 of said Bill the word "Act" and inserting in lieu thereof, in both lines, the word "Code".
(20) By striking quoted Code Section 22-405 of Section 1 of said Bill in its entirety and substituting in lieu thereof a new Code Section 22-405 to read as follows:
"22-405. Registered Office Legally Equivalent to Principal office. Whenever an act is required or permitted by any law to be done in the County of a corporation's principal office, the act may be performed in the County of the corporations registered office."
(21) By striking from the fourth line of subparagraph (a) of quoted Code Section 22-501 of Section 1 of said Bill the words "this Act" and inserting in lieu thereof the word and figures "Section 22-502" and by striking from the last line of said subparagraph the word "Act" and inserting in lieu thereof the word "Code".
(22) By striking from the fourth line of subparagraph (b) (2) of quoted Code Section 22-502 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
(23) By striking from the fifth line of subparagraph (c) of quoted Code Section 22-502 of Section 1 of said Bill the words "this Act" and inserting in lieu thereof the word and figures "Section 22-105".
(23a) By adding in the next to the last line of subparagraph (e) of quoted Code Section 22-506 of Section 1 of said Bill between the word "nonassessable" and the words "to the extent" the words "as to him".
(24) By striking from the end of subparagraph (c) (7) of quoted Code Section 22-508 of Section 1 of said Bill the ";" (semi- colon) and in serting a "." (period).
(25) By striking from subparagraph (c) of quoted Code Section 22-510 of Section 1 of said Bill the words "this Act" and substituting in lieu thereof the phrase "Section 22-102(n).".
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(26) By inserting in the seventh line of subparagraph (c) (1) of quoted Code Section 22-511 of Section 1 of said Bill between the word "to" and the word "bank" the word "the".
(27) By striking from the end of subparagraph (d) (3) of quoted Code Section 22-513 of Section 1 of said Bill the word "Act" and insert ing in lieu thereof the word "Code".
(28) By striking from subparagraph (d) of quoted Code Section 22-515 of Section 1 of said Bill the phrase "Section 22-1602 (i)" and sub stituting in lieu thereof the phrase "Section 22-105".
(29) By striking from the end of subparagraph (d) of quoted Code Section 22-603 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
(30) By striking from the last line of subparagraph (b) of quoted Code Section 22-604 of Section 1 of said Bill the word "Act" and insert ing in lieu thereof the word "Code".
(31) By striking from the third line of subparagraph (a) of quoted Code Section 22-606 of Section 1 of said Bill the words "such meeting" and substituting in lieu thereof the words "a meeting of shareholders"; and by striking the word "lists" from the eighth line and inserting the word "list".
(32) By adding in the second line of subparagraph (a) of quoted Code Section 22-607 of Section 1 of said Bill between the words " articles of incorporation" and the comma, the words "or in by-laws adopted by the shareholders,".
(33) By striking from the last line of subparagraph (b) of quoted Code Section 22-607 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
(34) By striking from the fifth line of subparagraph (a) of quoted Code Section 22-609 of Section 1 of said Bill the word "Act" and insert ing in lieu thereof the word "Code".
(35) By striking from the fourth line of subparagraph (e) of quoted Code Section 22-611 of Section 1 of said Bill the figures "22-715" and inserting in lieu thereof the word "law".
(36) By adding to subparagraph (a) (1) of quoted Code Section 22-615 of Section 1 of said Bill following the word "plaintiff" in the first line thereof the words "had purchased his shares or".
(37) By adding after the phrase "Chapter 7" on page 82 of Section 1 of said Bill a "." (period).
(38) By striking from the second line of subparagraph (d) of quoted Code Section 22-704 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
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(39) By adding in the fifth line of subparagraph (a) of quoted Code Section 22-707 of Section 1 of said Bill between the words "articles of incorporation" and the comma the words "or the number last fixed by the shareholders,"; and by adding in the eighth line between the word "under" and the figures "22-702" the word "Section".
(40) By striking subparagraphs (5), (6) and (7) from subpara graph (a) of quoted Code Section 22-708 of Section 1 of said Bill in their entirety.
(41) By adding in the sixth line of subparagraph (c) of quoted Code Section 22-709 of Section 1 of said Bill after the words "when a director states" a "," (comma).
(42) By striking from the third line and the last line of quoted Code Section 22-710 of Section 1 of said Bill the word "Act" and in serting in lieu thereof the word "Code" in both places.
(43) By striking from the sixth line of quoted Code Section 22713 of Section 1 of said Bill the word "statements" and substituting in lieu thereof the word "information.".
(44) By striking from the caption of quoted Code Section 22-714 of Section 1 of said Bill the words "for Misconduct."
(45) By striking from subparagraph (b) of quoted Code Section 22-714 of Section 1 of said Bill the words "with the applicable provisions of the laws of this State" and substituting in lieu thereof the words "with Sections 22-614 and 22-615"; and by striking the words "this Act" from the second line and inserting the word and figures "Section 22-715".
(46) By striking from the second line of subparagraph (c) of quoted Code Section 22-715 of Section 1 of said Bill the word "state ments" and inserting in lieu thereof the word "information".
(47) By striking subparagraph (a) (2) of quoted Code Section 22-802 of Section 1 of said Bill in its entirety and inserting in lieu there of the following:
"(2) The period of duration, which shall be perpetual unless otherwise limited.".
(48) By striking from the sixth line of the form of notice specified in subparagraph (d) (2) of quoted Code Section 22-803 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
(49) By adding in the third line of subparagraph (e) of quoted Code Section 22-803 of Section 1 of said Bill a "," (comma) between the word "thereon" and the word "shall".
(50) By striking from the fifth line of subsection (g) of quoted Code Section 22-803 of Section 1 of said Bill the word and figures "Sec-
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JOURNAL OP THE HOUSE,
tion 1602" and inserting in lieu thereof the word and figures "Section 22-1602".
(51) By striking from the end of subparagraph (b) (2) of quoted Code Section 22-901 of Section 1 of said Bill the figures "1326" and inserting in lieu thereof the figures "22-1326".
(52) By adding in the fourteenth line of subparagraph (b) (2) of quoted Code Section 22-902 of Section 1 of said Bill between the words "comply with" and the words "Section 22-1202" the words "the further provisions of".
(53) By striking from the third line of subparagraph (a) of quoted Code Section 22-904 of Section 1 of said Bill the words "this Act" and inserting in lieu thereof the word and figures "Section 22-104".
(54) By adding in the third line of subparagraph (d) of quoted Code Section 22-905 of Section 1 of said Bill a "," (comma) between the word "thereon" and the word "shall".
(55) By striking from the fourth line of subparagraph (d) of quoted Code Section 22-907 of Section 1 of said Bill the figures "22-105" and inserting in lieu thereof the figures "22-104".
(56) By striking from the seventh line of subparagraph (g) of quoted Code Section 22-907 of Section 1 of said Bill the figures "22-902" and inserting in lieu thereof the figures "22-905".
(57) By adding in the last sentence of subparagraph (c) of quoted Code Section 22-1005 of Section 1 of said Bill between the words "the mailing" and the words "the notice" the word "of".
(58) By striking from the third line of subparagraph (a) (2) of quoted Code Section 22-1201 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
(59) By striking from the third line of subparagraph (d) of quoted Code Section 22-1309 of Section 1 of said Bill the word "Act" and insert ing in lieu thereof the word "Code".
(60) By changing the word "conform" at the end of the third line of subparagraph (b) of quoted Code Section 22-1313 of Section 1 of said Bill to read "conformed".
(61) By adding in the fourth line of subparagraph (b) of quoted Code Section 22-1401 of Section 1 of said Bill between the words "under this Code" and the words "by reason of" the word "solely".
(62) By changing the period at the end of subparagraph (b) (3) of quoted Code Section 22-1401 of Section 1 of said Bill to a comma and adding thereto the following:
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"custodian or agency arrangements with a bank or trust com pany, or stock or bond brokerage accounts."
(63) By striking subparagraph (b) (7) of quoted Code Section 22-1401 of Section 1 of said Bill and inserting in lieu thereof the follow
ing:
"(7) Making loans or creating or acquiring evidence of debt, mortgages or liens on real or personal property, or recording same."
(64) By striking from the first line of subparagraph (c) of quoted Code Section 22-1401 of Section 1 of said Bill the word "provision" and inserting in lieu thereof the word "provisions".
(65) By striking the colon at the end of the third line of subparagraph (a) of quoted Code Section 22-1403 of Section 1 of said Bill and adding thereto the following:
"shall be written in Roman or cursive letters or Arabic or Roman numbers and:".
(66) By striking from the end of subparagraph (a) (10) of quoted Code Section 22-1405 of Section 1 of said Bill the words "this Act" and inserting in lieu thereof the word and figures "Section 22-12 (1)".
(67) By striking from subparagraph (a) (2) of quoted Code Sec tion 22-1408 of Section 1 of said Bill in the second line thereof the word "either".
(68) By striking the period at the end of subparagraph (a) (6) of quoted Code Section 22-1501 of Section 1 of said Bill and adding the following:
"for the performance of his duties under this Code."
(69) By striking quoted Code Section 22-2101 of Section 1 of said Bill in its entirety and inserting in lieu thereof a new Section 22-2101 to read as follows:
"22-2101. Short Title. Part II of this Title (Sections 22-2101 through 22-4099 inclusive) shall be known and may be cited as the "Georgia Nonprofit Corporation Code" (hereinafter referred to as 'this Code')."
(70) By striking from the first line of subparagraph (b) (1) of quoted Code Section 22-2103 of Section 1 of said Bill to two words "non profit" and inserting in lieu thereof the one word "nonprofit".
(71) By striking from line two of quoted Code Section 22-2105 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
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(72) By striking from the last line of quoted Code Section 22-2107 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
(73) By striking from the caption of quoted Code Section 22-2108 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
(74) By striking from the first line of subparagraph (b) and from the second line of subparagraph (b) (1) of quoted Code Section 22-2202 of Section 1 of said Bill the word "Act" and inserting in lieu thereof, in both places, the word "Code".
(75) By striking from the end of subparagraph (b) (1) of quoted Code Section 22-2301 of Section 1 of said Bill the words "so that, in the judgment of the Secretary of State, the names of the two corporations are not confusingly similar." and by adding a period at the end of the sentence.
(76) By striking quoted Code Section 22-2302 of Section 1 of said Bill in its entirety and inserting in lieu thereof a new Section 22-2302 to as follows:
"22-2302. Reserved Name. The provisions of Section 22-302 of Part I of this Title shall apply equally to corporations which are subject to this Code."
(77) By adding a new section to be known as Section 22-2405 after quoted Code Section 22-2404 in Section 1 of said Bill to read as follows:
"22-2405. Registered Office Legally Equivalent to Principal Office. The provisions of Section 22-405 of Part I of this Title shall apply equally to corporations which are subject to this Code."
(78) By adding a new sentence at the end of subparagraph (d) of quoted Code Section 22-2503 of Section 1 of said Bill to read as follows:
"A corporation shall not have cumulative voting unless such voting is expressly authorized in the articles of incorporation."
(79) By striking from the second line of subparagraph (b) of quoted Code Section 22-2604 of Section 1 of said Bill the word "predessor" and inserting in lieu thereof the word "predecessor".
(80) By striking from the end of subparagraph (d) of quoted Code Section 22-2606 of Section 1 of said Bill the word "laws" and inserting in lieu thereof the word "law".
(81) By deleting the comma after the words "to the extent" in the fourth line of quoted Code Section 22-2611 of Section 1 of said Bill.
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(82) By striking from the fifth line of quoted Code Section 22-2614 of Section 1 of said Bill the words "data pertaining to" and inserting in lieu thereof the words "information of".
(83) By striking subparagraph (a) (2) of quoted Code Section 22-2702 of Section 1 of said Bill and inserting a new subparagraph (a) (2) to read as follows:
"(2) The period of duration, which shall be perpetual unless otherwise limited."
(84) By striking from subparagraph (b) (1) of quoted Code Section 22-3106 of Section 1 of said Bill in the fourth line thereof the word "be".
(85) By adding in the third line of subparagraph (c) of quoted Code Section 22-3107 of Section 1 of said Bill between the word "there on" and the word "shall" a "," (comma).
(86) By striking from the sixth line of quoted Code Section 223116 of Section 1 of said Bill the word "Act" and inserting in lieu there of the word "Code".
(87) By striking the word "Act" from the last line of quoted Code Section 22-3120 in Section 1 of said Bill and substituting in lieu thereof the word "Code."
(88) By striking the word "Act" from the fourth line of subpara graph (b) of quoted Code Section 22-3201 in Section 1 of said Bill and substituting in lieu thereof the word "Code".
(89) By changing the period at the end of subparagraph (b) (4) of quoted Code Section 22-3201 of Section 1 of said Bill to a comma and adding thereto the following phrase:
"or recording same."
(90) By striking from the end of subparagraph (c) (1) of quoted Code Section 22-3203 in Section 1 of said Bill the words "so that, in the judgment of the Secretary of State, the names of the two corporations are not confusingly similar" and by placing a period at the end of the sentence.
(91) By striking the word "Act" from the end of quoted Code Sec tion 22-3207 in Section 1 of said Bill and substituting in lieu thereof the word "Code."
(92) By striking the word "either" from the second line of subparagraph (a) (2) of quoted Code Section 22-3208 in Section 1 of said Bill.
(93) By striking the words "or its" from the first line and the words "or it" from the second line of subparagraph (d) of quoted Code Section 22-3209 in Section 1 of said Bill.
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(94) By striking from the fourth line of subparagraph (a) of quoted Code Section 22-3220 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
(95) By striking the comma from the second line of subparagraph (a) (5) of quoted Code Section 22-3301 in Section 1 of said Bill.
(96) By striking from the fifth line of subparagraph (b) of quoted Code Section 22-3301 of Section 1 of said Bill the word "assistanct" and inserting in lieu thereof the word "assistant".
(97) By striking the words "ten dollars" from the end of subpara graph (c) of quoted Code Section 22-3402 in Section 1 of said Bill and substituting in lieu thereof the words "fifteen dollars".
(98) By striking the figures "22-2302(c)" from subparagraph (e) of quoted Code Section 22-3402 in Section 1 of said Bill and substituting in lieu thereof the figures "22-302(c)".
(99) By striking the word "Act" from the end of quoted Code Section 22-3403 in Section 1 of said Bill and substituting in lieu thereof the word "Code".
(100) By striking the title of Chapter 43 in Section 1 of said Bill in its entirety and inserting in lieu thereof a new title to read as follows:
"Chapter 43. Renewal or Revivor and Amendment of Charters Granted by Secretary of State."
(101) By striking from the second line of quoted Code Section 22-4302 of Section 1 of said Bill the two words "There upon" and insert ing in lieu thereof the one word "Thereupon".
(102) By striking from the fourth line from the end of quoted Code Section 22-4316 of Section 1 of said Bill the figures "22-4316" and inserting in lieu thereof the figures "22-4315".
(103) By deleting the comma at the end of the second line of quoted Code Section 22-4401 of Section 1 of said Bill following the words "Secretary of State".
(104) By striking from the fifth line of quoted Code Section 22-4403 of Section 1 of said Bill the word "constituent" and inserting in lieu thereof the word "domestic"; and by striking from the fourth line of said quoted Code Section the word "corporation" and inserting in lieu thereof the word "corporations".
(105) By striking from the second line of quoted Code Section 22-4603 of Section 1 of said Bill the figures "22-4001" and inserting in lieu thereof the figures "22-4601".
(106) By underscoring the words "Service effected how." in the caption of quoted Code Section 22-5301 of Section 1 of said Bill.
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(107) By striking from the end of subparagraph (g) of quoted Code Section 22-102 of Section 1 of said Bill the words "or is entitled to receive a share certificate." and by placing a period at the end of the sentence.
(108) By deleting from the beginning of subparagraph (e) of quoted Code Section 22-504 of Section 1 of said Bill the words "Subject to the requirement that no shares shall be issued for a price per share less than that received for other shares in the same offering," and by capitalizing "The".
(109) By adding at the end of subparagraph (c) of quoted Code Section 22-509 of Section 1 of said Bill a new sentence to read as follows:
"If a corporation issues scrip it shall provide reasonable op portunity for persons entitled thereto to sell such scrip or to pur chase such additional scrip as may be needed to acquire a full share."
(110) By striking subparagraph (d) of quoted Code Section 22-509 of Section 1 of said Bill in its entirety and substituting in lieu thereof a new subparagraph (d) to read as follows:
"(d) A corporation may provide reasonable opportunity for persons entitled to fractional shares to sell such fractional shares or to purchase such additional fractional shares as may be needed to acquire a full share, or may sell fractional shares or scrip for the account of such persons."
(111) By adding following quoted Code Section 22-518 of Section 1 of said Bill a new section to be numbered 22-519 and to read as follows:
"22-519 -- Cancellation of Redeemed Securities When Not Sur rendered. When a corporation has duly and properly called for redemption, surrender, cancellation or payment any shares or other securities subject to such call, and the registered holder of such or other securities has been mailed notice of such call at his last address as it appears on the records of the corporation but fails, within sixty (60) days of such call or such longer time as may be specified in the notice of such call, to present the certificates rep resenting his shares or other securities for such redemption, surren der, cancellation or payment as provided in the call, then the corpora tion may transfer to a trustee for the benefit of such registered holder or his successors in title, the money or other property distri butable upon such redemption, surrender, cancellation or payment, and thereupon the shares or other securities shall be deemed to have been redeemed, surrendered, cancelled or paid and no longer out standing. In order for such transfer to the trustee to be effective for such purpose, the corporation must have adopted a plan there for prior to the call and shall mail notice to the registered holder of the details of such plan, including the name and address of the trustee, at the time of the mailing of the notice of the call. The registered holder for whom such transfer in trust is made, or his successors in title, shall have only the right to obtain such money
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or other property from the trustee upon surrender to trustee of the certificates representing the shares or other securities involved, but if same are not surrendered within six (6) years from the date of such transfer to the trustee, the money or other property being held by the trustee shall be distributed to the persons and in the manner provided in the plan theretofore adopted or shall be dis tributed to and become the property of the Board of Regents of the State of Georgia and used for educational purposes, in the event no such plan for distribution is adopted or such plan is held to be in valid. The trustee appointed under this Section must be a bank or trust company located in the State of Georgia."
(Ilia) By striking subparagraph (c) of quoted Code Section 22603 of Section 1 of said Bill and substituting in lieu thereof a new subparagraph (c) to read as follows:
(c) Special meetings of the shareholders or a special meeting in lieu of the annual meeting of the shareholders may be called by the president, the chairman of the board of directors, the board of directors, or such other officers or persons as may be provided in the articles of incorporation or by-laws, or in the event there are no officers or directors, then by any shareholder."
(112) By adding to Subparagraph (c) of quoted Code Section 22611 of Section 1 of said Bill a new sentence betweeen the first and second sentences to read as follows:
"Failure to state a period of duration or stating a period of duration in excess of twenty years shall not invalidate the agree ment, but in either such case the period of duration of the agreement shall be twenty years."
(113) By adding at the end of Subparagraph (a) of quoted Code Section 22-702 of Section 1 of said Bill a new sentence to read as follows:
"The by-laws may authorize the number of directors to vary between a specified maximum and minimum number and in such case the exact number within such maximum and minimum shall be fixed by resolution of the shareholders from time to time."
(114) By adding at the beginning of Subparagraph (b) of quoted Code Section 22-702 of Section 1 of said Bill the words:
"Unless otherwise fixed by the shareholders,".
(115) By striking the period at the end of Subparagraph (d) of quoted Code Section 22-705 of Section 1 of said Bill and adding the fol lowing:
"and the election and qualification of his successor."
(116) By striking Subparagraph (a) of quoted Code Section 221704 of Section 1 of said Bill in its entirety and inserting a new Subparagraph (a) to read as follows:
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3025
"(a) If the Secretary of State shall refuse to grant a name certificate or shall refuse to file any articles of incorporation, amendment, merger, consolidation or dissolution, or any other document required by this Code to be filed by the Secretary of State, he shall, within ten days after application for the name certificate is made or the delivery of any such document to him give written notice of his refusal to the person or corporation, domestic or foreign, making such application or delivering such document, specifying the reasons therefor. From such refusal such person or corporation may appeal to the superior court of the county in which the registered office of such corporation is, or is proposed to be, situated by filing with the clerk of such court a peti tion setting forth a copy of such application or of the articles or other document sought to be filed and a copy of the written re fusal thereof by the Secretary of State; whereupon the matter shall promptly be tried de novo by the court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper."
(117) By striking Subparagraph (c) of quoted Code Section 221801 of Section 1 of said Bill; by relettering Subparagraph (d) as Subparagraph (c) and by adding a new Subparagraph (d) to read as follows:
"(d) When a corporation, domestic or foreign, fails or refuses to answer truthfully and fully within the time prescribed by Section 22-1701 interrogatories propounded by the Secretary of State in accordance with Section 22-1701, the Secretary of State shall certify such facts to the Attorney General and shall concurrently mail to the corporation at its registered office or, if there is no registered office, at its last known address as shown by the records of the Secretary of State, a notice that such certification has been made, together with a statement of the facts pertinent thereto. Within thirty days of the date of such certification, the Attorney General shall apply in the name of the State to the Superior Court of the county where the registered office or principal office of the corpora tion, as shown by the records of the Secretary of State, is situated for an order compelling the corporation to answer the interrogatories truthfully and fully, unless prior to the filing of such application the corporation shall have so answered the interrogatories. If the corporation fails or refuses to comply with the order within thirty days from the date of its entry, such failure or refusal may be con sidered a contempt of that court and the corporation may be fined therefor in any amount not exceeding five hundred dollars."
(118) By striking Subparagraph (a) of quoted Code Section 221802 of Section 1 of said Bill and inserting in lieu thereof a new Subparagraph (a) to read as follows:
"(a) When an officer or director of a corporation, domestic or foreign, fails or refuses within the time prescribed by Section 22-1701 to answer truthfully and fully interrogatories propounded to him by the Secretary of State in accordance with Section 22-1701, the Secretary of State shall certify such fact to the Attorney Gen eral, and shall concurrently mail to the officer or director a notice, addressed to such officer or director at the registered office of the
3026
JOURNAL OF THE HOUSE,
corporation or, if there is no such registered office, at the last known address of the corporation as shown by the records of the Secretary of State, that such certification has been made, together with a statement of the facts pertinent thereto. Within thirty days of the date of such certification, the Attorney General shall apply in the name of the State to the Superior Court of the county where the registered office or principal office of the corporation, as shown by the records of the Secretary of State, is situated for an order compelling the officer or director to answer the interrogatories truthfully and fully, unless prior to the filing of such application the officer or director shall have so answered the interrogatories. If the officer or director fails or refuses to comply with the order within thirty days from the date of its entry, such failure or refusal may be considered a contempt of that court and the officer or direc tor may be fined therefor in any amount not exceeding five hundred
dollars."
(119) By striking Subparagraph (d) of quoted Code Section 223601 of Section 1 of said Bill in its entirety and inserting in lieu thereof a new Subparagraph (d) to read as follows:
"(d) When a corporation, domestic or foreign, fails or refuses to answer truthfully and fully within the time prescribed by Section 22-3501 interrogatories propounded by the Secretary of State in accordance with Section 22-3501, the Secretary of State shall certify such facts to the Attorney General and shall concurrently mail to the corporation at its registered office or, if there is no registered office, at its last known address as shown by the records of the Secretary of State, a notice that such certification has been made, together with a statement of the facts pertinent thereto. Within thirty days of the date of such certification, the Attorney General shall apply in the name of the State to the Superior Court of the county where the registered office or principal office of the corpora tion, as shown by the records of the Secretary of State is situated for an order compelling the corporation to answer the interroga tories truthfully and fully, unless prior to the filing of such applica tion the corporation shall have so answered the interrogatories. If the corporation fails or refuses to comply with the order within thirty days from the date of its entry, such failure or refusal may be considered a contempt of that court and the corporation may be fined therefor in any amount not exceeding five hundred dollars." (120) By striking Subparagraph (a) of quoted Code Section 22-3602 of Section 1 of said Bill in its entirety and inserting in lieu thereof a new Subparagraph (a) to read as follows:
"(a) When an officer or director of a corporation, domestic or foreign, fails or refuses within the time prescribed by Section 22-3501 to answer truthfully and fully interrogatories propounded to him by the Secretary of State in accordance with Section 223501, the Secretary of State shall certify such fact to the Attorney General and shall concurrently mail to the officer or director a notice, addressed to such officer or director at the registered office of the corporation or, if there is no such registered office, at the last known address of the corporation as shown by the records of the Secretary of State, that such certification has been made, to-
THURSDAY, MARCH 7, 1968
3027
gether with a statement of the facts pertinent thereto. Within thirty days of the date of such certification, the Attorney General shall apply in the name of the State to the Superior Court of the county where the registered office or principal office of the corporation, as shown by the records of the Secretary of State, is situated for an order compelling the officer or director to answer the inter rogatories truthfully and fully, unless prior to the filing of such application the officer or director shall have so answered the inter rogatories. If the officer or director fails or refuses to comply with the order within thirty days from the date of its entry, such failure or refusal may be considered a contempt of that court and the officer or director may be fined therefor in any amount not exceeding five hundred dollars."
(121) By adding in the first line of subparagraph (d) of quoted Code Section 22-202 of Section 1 of said Bill after the words "may limit" the words "or expand'.
(122) By adding to quoted Code Section 22-501 of Section 1 of said bill a new Subparagraph (5) in Subparagraph (b) of said quoted Code Section to read as follows:
"(5) Convertible at the option of the holder only into shares of any other class or into shares of any series of the same or any other class, including, when so provided in the articles of incorpora tion, a class having prior or superior rights and preferences as to dividends or distribution of assets upon liquidation, but shares without par value shall not be converted into shares with par value unless that part of the stated capital of the corporation represented by such shares without par value is, at the time of conversion, at least equal to the aggregate par value of the shares into which the shares without par value are to be converted. No issue of shares convertible into shares of the corporation shall be made unless a sufficient number of authorized but unissued shares or treasury shares of the appropriate class or series are reserved by the board to be issued only in satisfaction of the conversion privileges of such convertible shares when issued."
(123) By striking Subparagraph (b) of quoted Code Section 22-506 of Section 1 of said bill and inserting in lieu thereof the following:
"(b) Neither promissory notes or other obligation of a sub scriber or purchaser, including any endorsement or guaranty of an obligation of the corporation, shall constitute payment or part payment for the shares of a corporation which provide the minimum capital necessary under the articles of incorporation for the corpora tion to commence business. No agreement to perform future services shall constitute payment or part payment for any shares of a corporation."
(124) By striking Subparagraph (a) (1) of quoted Code Section 22-511 of Section 1 of said bill and inserting in lieu thereof the following:
"(1) Dividends may be declared and paid in cash or property only out of the unreserved and unrestricted earned surplus of the
3028
JOURNAL OF THE HOUSE,
corporation, or out of the unreserved and unrestricted net earnings of the current fiscal year or the next preceding fiscal year."
(125) By deleting Subparagraph (g) of quoted Code Section 22513 of Section 1 of said bill in its entirety.
(126) By deleting Subparagraph (b) from quoted Code Section 22518 of Section 1 of said bill in its entirety.
(127) By deleting Subparagraph (d) (9) of quoted Code Section 22-602 of said bill and inserting in lieu thereof the following:
"(9) Shares released by waiver from their preemptive right
by the affirmative vote or written consent of the holders of twothirds of the shares of the class to be issued. Any such vote or consent shall be binding on all shareholders and their transferees for the time specified in such vote or consent up to but not exceed ing one year from the date thereof, and shall protect the corporation, its management, and all persons who may within such time acquire the shares so released."
(128) By adding a new Subparagraph (e) to quoted Code Section 22-615 of Section 1 of said bill to read as follows:
"(e) In any such action hereafter instituted, the court having jurisdiction, upon final judgment and a finding that the action was brought without reasonable cause, may require the plaintiff or plaintiffs to pay to the parties named as defendant the reasonable expenses, including fees of attorneys, incurred by them in the defense of such action."
(129) By striking the period at the end of Subparagraph (a) (1) of quoted Code Section 22-715 of Section 1 of said bill and adding the
following language:
"to the extent that any creditor or shareholder of the corpora tion has suffered damage as a result thereof."
(130) By striking the period at the end of Subparagraph (a) (2) of quoted Code Section 22-715 of Section 1 of said bill and adding the
following language:
"to the extent that any creditor or shareholder of the corpora tion has suffered damage as a result thereof."
(131) By adding in Subparagraph (h) of quoted Code Section 22-717 of Section 1 of said bill after the word "shareholders" and before the comma the words:
"or by an insurance carrier pursuant to insurance maintained by the corporation."
THURSDAY, MARCH 7, 1968
3029
(132) By changing the period at the end of the first sentence of Subparagraph (a) of quoted Code Section 22-1005 of Section 1 of said bill to a semi-colon and adding the following:
"and in the event all the shares of a subsidiary corporation party to such merger are not owned by the parent corporation, such plan of merger shall state the manner and basis of converting the shares of the subsidiary corporation not owned by the parent corpora tion into shares or other securities or obligations of the parent corporation, or the cost or other consideration or combination there of to be paid or delivered in exchange for such shares of the subsidiary corporation not owned by the parent corporation."
(133) By adding in the third from the last line of Section 2 of said bill after the words "(Ga. Laws 1958, p. 92);" and before the words "an Act relating to joint tenancy" the word "and".
The following amendment to the Committee amendment was read and adopted:
Mr. Harris of the 118th moves to amend Senate Judiciary Com mittee Substitute to S.B. 230 in the following manner:
1. By striking from the first line of quoted Code Section 22-102 of Section 1 of said Bill the word "Act" and inserting in lieu thereof the word "Code".
2. By striking from the end of subparagraph (c) (1) of quoted Code Section 22-515 of Section 1 of said Bill the word "allocation" and substituting in lieu thereof the word "cancellation".
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 Alexander Anderson Ballard Barber Barfield
Battle Bennett Berry, C. E. Berry, J. K. Black Blalock
Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
3030
Brown, C. Buck Busbee Caldwell Games Gates Cato Cheeks Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farrar Fleming Floyd Funk
Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison
JOURNAL OF THE HOUSE,
Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins 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 Le vitas Lewis Longino Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt 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 Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
THURSDAY, MARCH 7, 1968
3031
Those not voting were Messrs.:
Bostick Bowen Chandler Clarke Crowe, William Farmer Grahl
Johnson, A. S. Lovell Magoon Matthews, D. R. McDaniell Merritt Moate
Moreland Odom Shields Smith, J. R. Snow Sullivan Mr. Speaker
On the passage of the Bill, as amended, the ayes were 184, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker introduced the Honorable Carl E. Sanders, former Governor of Georgia, who delivered a brief address to the members of the House.
Under the general order of business established by the Committee on Rules, the following local contested Bill of the Senate was taken up for consideration and read the third time:
SB 410. By Senators Shea of the 3rd and Gardner of the 1st: A Bill to be entitled an Act to amend an Act entitled "An Act to create and organize Commissioners of Chatham County, who shall be ex officio judges, so as to change the number of commissioners;" and for other purposes.
The following amendments were read and adopted:
The Committee on Local Affairs moves to amend SB 410 as follows:
By substituting the figures "$3600.00" and "$2400.00", respectively in lieu of the figures "$4200.00" and "$3600.00", as the same appear in subsection (f) of Section 1 of said Bill.
The Committee on Local Affairs moves to amend SB 410 as follows:
By striking subsection (c) of Section 1 in its entirety and inserting in lieu thereof the following:
"(c) There shall be elected from each commissioner district, one commissioner of Chatham County and ex officio judge, who
3032
JOURNAL OF THE HOUSE,
shall be elected by the majority vote of the voters of his respective commissioner district. In order to be eligible to offer for election for such office, a candidate must have resided in the commissioner district from which he offers as a candidate for at least 90 days prior to the general election of 1968 and for at least 1 year prior to the date of all subsequent general elections in which he offers; and a candidate must have attained the age of 25 years prior to such election date."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Battle Bennett Berry, C. E. Black Blalock Bray Brown, C. Busbee Carnes Cato Cheeks Cole Collins, J. F. Collins, M. Colwell Cook Cooper, B. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dent Dickinson Dillon Doster Douglas Edwards Egan Fallin
Farmer Farrar Fleming Funk Gaynor Grahl Graves Grier Hall Henderson Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Kaylor Kirksey Laite Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R.
McClatchey McDaniell Miller Moore, Don C. Moore, J. H. Murphy Nessmith Newton Nimmer Northcutt Otwell Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ross Rowland Russell Savage Scarlett Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Sullivan
THURSDAY, MARCH 7, 1968
3033
Thompson, A. W. Townsend Tucker Tye Underwood Walling
Wamble Ward Ware Wells Westlake Whaley
Wiggins Williams Winkles Wood
Those voting in the negative were Messrs.:
Berry, J. K. DeLong Gay Gignilliat
Lewis Mauldin
Reaves Richardson
Sherman Thompson, R.
Those not voting were Messrs.:
Barber Barfield Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Caldwell Gates Chandler Clarke Conner Cooper, J. R. Cox Dean Dixon Dodson Dollar Dorminy Floyd Gary Gunter Hadaway
Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howell Joiner Jordan, G. Jordan, W. H. Knapp Lambert Lambros Land Leonard Maxwell McCracken Melton Merritt Mixon
Moate Moreland Mullinax Nash Odom Oglesby Pafford Pickard Ragland Rainey Roach Rush Shanahan Shields Smith, J. R. Smith, V. T. Steis Sweat Threadgill Turner Vaughan, D. N. Vaughn, C. R. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 118, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Richardson of the 116th served notice that at the proper time, he would ask the House to reconsider its action in giving the requisite constitutional ma jority to SB 410, as amended.
3034
JOURNAL OF THE HOUSE,
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 Bill of the House, to-wit:
HB 849. By Messrs. Lane of the 126th, Cox of the 127th, Dillon of the 128th and Davis of the 119th:
A Bill to create the Board of Recreation Examiners of the State of Georgia as a division of the Georgia Recreation Commission; and for other purposes.
HB 1012. By Mr. Smith of the 54th:
A Bill to amend an Act establishing the Georgia Legislative Retirement System, so as to provide a new definition for "Prior Service"; and for other purposes.
HB 1035. By Mr. Murphy of the 26th:
A Bill to amend an Act establishing a retirement fund and retirement benefits for Ordinaries, so as to provide for retirement benefits for the Secretary-Treasurer; and for other purposes.
The Senate insists on its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:
HB 1051. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th, and Underwood of the 61st:
A Bill to amend Title 34 of the Code of Georgia, relating to elections, so as to provide for additional deputy registrars; to provide that certain tax commissioners or tax collectors shall be a deputy to certain boards of registrars; and for other purposes.
The President has appointed on the part of the Senate the following: Senators Bateman of the 27th, Broun of the 46th, and Kilpatrick of the 44th.
The Senate has disagreed to the House amendment to the following Resolu tion of the Senate, to-wit:
SR 178. By Senator Kidd of the 25th:
A Resolution creating a committee to monitor the progress of the Uniform Consumer Credit Code; and for other purposes.
THURSDAY, MARCH 7, 1968
3035
The Senate recedes from its amendment to the following Resolution of the House, to-wit:
HR 669-1440. By Messrs. Smith, Leonard and Cole of the 3rd:
A Resolution proposing an amendment to the Constitution so as to create the City of Dalton Building Authority; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional major ity the following Bills of the House, to-wit:
HB 1000. By Mr. Barber of the 24th:
A Bill to amend an Act establishing a retirement system for the teachers in the State Public Schools and other state supported schools, so as to provide that members of the Employees' Retirement System of Geor gia who become subject to the provisions of the Teachers' Retirement System of Georgia; and for other purposes.
HB 1001. By Mr. Barber of the 24th:
A Bill to amend an Act establishing an Employees' Retirement System, so as to provide that members of the Teachers' Retirement System of Georgia who become subject to the provisions of the Employees' Retire ment System of Georgia may transfer their credits to the Employees' Retirement System of Georgia; and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 120. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954, as amended, so as to change the punishment for persons convicted of driving or operating a vehicle within this state while under the influence of intoxicating liquors; and for other purposes.
The following report of the Committee of Conference was read: Mr. President:
Mr. Speaker:
Your conference committee on Senate Bill No. 120 has met and sub mits the following recommendations:
3036
JOURNAL OF THE HOUSE,
1. That the Senate recede from its position on the amendment of fered by Mr. Levitas of the 118th, the amendment offered by Mr. Harris of the 118th, the amendment offered by Mr. Murphy of the 26th, the amendment offered by the Committee of the House on Special Judiciary and the amendment offered by Mr. Steis of the 100th; and that said amendments be adopted.
2. That a compromise has been reached on the amendment offered by Mr. Brantley of the 63rd and that Senate Bill No. 120 be amended ac cordingly, as follows:
By striking in Paragraph 2 of Subsection (g) of quoted Section 47 of Section 1 "shall be sentenced" and inserting in lieu thereof "may be sentenced", and by striking in said Paragraph 2 "60 days" and inserting in lieu thereof "15 days".
By striking in Paragraph 3 of Subsection (g) of quoted Sec tion 47 of Section 1 "90 days" and inserting in lieu thereof "30 days".
Frank G. Miller Senator, 43rd District
Ford B. Spinks Senator, 9th District
Kenneth Kilpatrick Senator, 4th District
Respectfully submitted,
W. M. Williams Representative, 16th District
Dorsey R. Matthews Representative, 94th District
E. Roy Lambert Representative, 38th District
Mr. Williams of the 16th moved that the report of the Committee of Con ference be adopted.
On the motion, the ayes were 112, nays 8.
The report of the Committee of Conference on SB 120 was adopted.
Mr. Harris of the 118th moved that the following Bill of the Senate be taken from the table:
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.
On the motion, the roll call was ordered and the vote was as follows:
THURSDAY, MARCH 7, 1968
Those voting in the affirmative were Messrs.
Adams Alexander Ballard Barber Berry, C. E. Black Blalock Branch Brantley, H. H. Brantley, H. L. Bray Busbee Games Gates Cato Chandler Cheeks Collins, J. F. Collins, M. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dillon Dixon Dodson Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk
Gary Gaynor Graves
Grier Gunter Hall Hamilton Hargrett Harrington
Harris, J. R. Harris, R. W. Higginbotham Holder Hood
Howard Hutchinson Johnson, A. S. Joiner Jordan, W. H.
Kaylor Lambert Lambros Land
Lane, Dick Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino
Lovell Lowrey Malone Mason Matthews, C. Mauldin McClatchey McCracken Merritt Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Nash Newton
Northcutt Oglesby
Otwell Pafford Palmer
3037
Parker, C. A. Parrish Peterson Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Russell Savage Scarlett Shanahan Sherman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, R. Threadgill Townsend Tucker Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Anderson Battle Berry, J. K.
Cole Dean Dorminy
Gignilliat Jenkins Kirksey
3038
Lane, W. J. Leggett Leonard
JOURNAL OP THE HOUSE,
Magoon Matthews, D. R. Murphy
Paris Tye
Those not voting were Messrs.:
Barfield Bennett Bond Bostick Bowen
Brown, B. D. Brown, C. Buck Caldwell Clarke Colwell Dickinson Dollar Gay Grahl Hadaway
Hale Harris, J. F. Harrison Henderson Hill
Howell Johnson, B. Jones, C. M. Jones, M. Jordan, G. Knapp Laite Maxwell McDaniell Melton Miller
Moate Nessmith Nimmer Odom Parker, H. W.
Phillips Rush Shields Shuman Smith, J. R. Sullivan Thompson, A. W. Turner Vaughan, D. N. Wilson, J. M. Mr. Speaker
On the motion, the ayes were 140, nays 17.
The motion prevailed, and SB 30 was taken from the table.
The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House substitute to the following Bill of the Senate, to-wit:
SB 374. By Senator London of the 50th:
A Bill to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; to provide for election, qualifications and filling of vacancies of members of said board; to provide for an oath; to repeal conflicting laws; and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House substitute to the same:
THURSDAY, MARCH 7, 1968
3039
SB 374. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; and for other purposes.
Mr. Lovell of the 6th moved that the House insist on its position in substi tuting the same.
The motion prevailed, and the House insisted on its position in substituting SB 374.
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 891. By Mr. Cato of the 89th:
A Bill to amend an Act known as the "Georgia Civil Practice Act", so as to provide that the clerk as well as the judge may grant an order that service may be made by publication of the summons; and for other purposes.
HB 1178. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Threadgill of the 32nd and Lambert of the 38th:
A Bill to amend Code Chapter 34-10, so as to provide that each political party desiring to nominate candidates by convention shall adopt rules and regulations governing the conduct of such conventions; and for other purposes.
The Senate requests the return of the following Bill of the House for the purpose of correcting an inadvertency:
HB 1527. By Mr. Pafford of the 97th:
A Bill to provide a supplementary salary payable from county funds for certain clerks of the superior courts of this state.
3040
JOURNAL OF THE HOUSE,
By unanimous consent, the Clerk was directed to return the following Bill of the House to the Senate for correction:
HB 1527. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to provide a supplementary salary payable from county funds for certain clerks of the superior courts of this state.
The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has adopted the reports of the Committees of Conference on the following Bills of the Senate, to-wit:
SB 120. By Senator Miller of the 43rd: A Bill known as the "Uniform Act Regulating Traffic on Highways", so as to change the punishment for persons convicted of driving or operating a vehicle within this state while under the influence of in toxicating liquors; and for other purposes.
SB 210. By Senator Minish of the 48th: A Bill to amend Code Section 74-111, relating to reports of cruel treat ment of children, so as to include dentists among those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability; to repeal conflicting laws; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:
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 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.
HB 683. By Messrs. Nessmith and Lane of the 64th, Matthews of the 94th and others: A Bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide an additional exemption from
THURSDAY, MARCH 7, 1968
3041
the taxes imposed by said Act on the sale, so persons engaged primarily in producing agricultural crops for sale, of machinery to be used directly and exclusively in planting, cultivating and harvesting such crops; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1086. By Messrs. Scarlett, and Harris of the 85th:
A Bill to amend an Act known as the "Brunswick Port Authority Act", so as to provide that a project will not have to necessarily result in the increased use of the port facilities; to provide the sale of bonds shall not be limited by any interest cost limitation, and for other purposes.
The Speaker announced the House recessed until 1:45 o'clock, P.M. AFTERNOON SESSION
The Speaker called the House to order.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed a supplemental calendar for today's business, Thursday, March 7, 1968, by adding and submitting the following:
SB 17. Government documents, Advisory Council SR 63. Fulton County, office of Solicitor General, change to District
Attorney SR 146. Pertaining to Uniform Time SB 100. Georgia Health Code, amend (Reconsidered) SR 110. Interim Committee, criminal records system SB 225. Gaming devices, person guilty of felony SR 227. Teacher of the Year Book SB 240. Firearms, discharged on Sunday SB 250. Civil and criminal cases, change fees SB 251. Governor, investigation of a sheriff
3042
JOURNAL OF THE HOUSE,
SB 252. Sheriffs' Retirement Fund, membership of Board SB 272. Municipalities, annexation by petition SB 320. Motor vehicles, uninsured, insurer, liability SB 329. Department of State Parks, Director's salary SB 332. Widow, barred from dower, fails to apply SB 393. Non-resident, personal jurisdiction SB 408. North Georgia Mountains Commission, create SB 409. North Georgia Mountains Authority, members SB 413. Hospital Advisory Council, indigent care
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 79th,
Vice-Chairman
The following Resolutions of the House were read and adopted:
HR 863. By Messrs. Smith of the 54th, Busbee and Lee of the 79th, Hale of the 1st and others:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES,
THE SENATE CONCURRING, that the General Assembly do adjourn sine die on Friday, March 8, 1968, at 5:00 o'clock p.m.
HR 864. By Mr. Rowland of the 48th:
A RESOLUTION
Commending Miss Billie Jo Spell; and for other purposes.
WHEREAS, Billie Jo Spell, the solo twirler of Johnson County High School, has achieved an outstanding proficiency and talent as a baton twirler; and
WHEREAS, although Billie Jo Spell has attained only the tender age of sixteen years, she has won 88 trophies and 59 medals for her twirling accomplishments; and
THURSDAY, MARCH 7, 1968
3043
WHEREAS, her intricate and graceful maneuvers have thrilled many thousands of persons who have had occasion to watch her perform in competition and at athletic events; and
WHEREAS, it is only befitting and proper that this body recognize the honor and distinction which Billie Jo Spell has brought to her school, community, county and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and congra tulate Miss Billie Jo Spell for her outstanding accomplishments and abilities which she has demonstrated as the solo twirler of the Johnson County High School Band.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an approp riate copy of this Resolution to Miss Billie Jo Spell.
HR 865. By Messrs. Potts and Blalock of the 33rd, Lewis and Newton of the 50th and others:
A RESOLUTION
Expressing appreciation to the members of the Page Staff; and for other purposes.
WHEREAS, the members of the Page Staff have once again rendered outstanding service to the members of this body; and
WHEREAS, all the members of this body are most appreciative for their many acts of thoughtfulness and kindness during this session.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby expressed by this body to Mrs. Helene Young; Mrs. Carolyn Hopkins; Mrs. Gay Hatcher; Mrs. Elaine Smith; Miss Julianna Sweazea; Mrs. Viola Donnaud; and Mrs. Velma Fellows for the outstanding service they have rendered during this session.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to the above named persons.
HR 866. By Messrs. Gary, Lee and Northcutt of the 35th and Blalock of the 33rd:
A RESOLUTION
Commending the Honorable R. L. Lasseter; and for other purposes.
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JOURNAL OP THE HOUSE,
WHEREAS, the Honorable R. L. Lasseter of Riverdale, Georgia, recently celebrated his 90th birthday; and
WHEREAS, he was born and raised in Clayton County and has con tributed greatly throughout his marvelous life to the well-being of the community; and
WHEREAS, he was appointed to the Clayton County Commission in 1913, a position which he served with dignity and dedication for 22 years; and
WHEREAS, the Honorable R. L. Lasseter served as Mayor of Riverdale beginning in 1930, and he was a member of the Riverdale City Council; and
WHEREAS, he is the son of the late Mr. and Mrs, Ruben Mundy Lasseter, and was the fourth of seven children; and
WHEREAS, he was married to the late Lois Huie in 1910, and had 51 years of happiness with his charming and lovely wife; and
WHEREAS, the Honorable R. L. Lasseter attributes his marvelous longevity and good health to keeping regular hours, going to bed at a regular time and eating right.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable R. L. Lasseter for his marvelous accomplishments during his long and useful life, and further, this Body hopes that he will have many, many happy birthdays.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable R. L. Lasseter, Riverdale, Georgia.
HR 867. By Messrs. Leonard of the 3rd, Cheeks of the 104th, Smith of the 114th and many others:
A RESOLUTION
Commending Honorable Leon Farmer, Jr.; and for other purposes.
WHEREAS, Honorable Leon Farmer, Jr., has served two years in the Georgia House of Representatives from District No. 29, Clarke County; and
WHEREAS, during his freshman term he was appointed chairman of the Special Study Committee of the University System of Georgia by the Speaker of the House of Representatives; and
WHEREAS, that committee prepared a comprehensive report on the organization of the University System of Georgia; and
THURSDAY, MARCH 7, 1968
3045
WHEREAS, the work of that committee will be extremely helpful in charting the course of the growth of the University System of Geor gia; and
WHEREAS, this contribution to the future of higher education in Georgia was made possible through the leadership of Honorable Leon Farmer, Jr.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Leon Farmer, Jr. for his outstanding work as chairman of the Special Study Committee of the University System of Georgia and for his con tribution to the future of higher education in Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Leon Farmer, Jr.
HR 868. By Messrs. Dixon and Sweat of the 83rd and Floyd of the 7th:
A RESOLUTION
Commending the Honorable Ed B. Hitt; and for other purposes.
WHEREAS, the Honorable Ed B. Hitt of Waycross, Georgia, Com mander of the Department of Georgia V. F. W., has been named to the Georgia Delegation to the annual V. F. W. Mid-Winter Conference of National Officers and Department Commanders, to be held March 9 through 12 in Washington, D. C.; and
WHEREAS, the Honorable Ed B. Hitt is recognized by his fellow workers and the community as being a very able, capable and dedicated American in every respect, and an inspiration for all American youth; and
WHEREAS, he is married to the former Lois Cason, a charming lady from a very prominent Ware County family, and he is a devoted husband and father; and
WHEREAS, the Honorable Ed B. Hitt has been active in his church and local civic affairs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby congratulates the Honorable Ed B. Hitt on his being named to the Georgia Delegation to the Annual V. F. W. Mid-Winter Conference of National Officers and Department Commanders and for his outstanding contributions to his community.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the Honorable Ed B. Hitt, Waycross, Georgia.
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JOURNAL OF THE HOUSE,
HR 869. By Messrs. Potts and Blalock of the 33rd, Lewis and Newton of the 50th and others:
A RESOLUTION
Expressing appreciation to the stenographers who have assisted the members of the House of Representatives; and for other purposes.
WHEREAS, the stenographers in the Stenographic Office have once again rendered outstanding service to the members of this body; and
WHEREAS, all the members of this body are most appreciative for their many acts of thoughtfulness and kindness during this session.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby expressed to Nancy F. Wiley; Amine Wheeler; Bernice Moore; Betty McDonald; Stella Firestone; Lucille Dennis; Jeanne Hill; Rachel Fowler; Marie Netherland; and Lounell Jones for the outstanding service rendered to the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to the above named persons.
HR 872. By Messrs. Howell of the 86th, Jordan of the 78th, Collins of the 88th and many others:
A RESOLUTION
Designating the Clarence R. Vaughn, Jr. Highway; and for other purposes.
WHEREAS, during the present session of the session of the Georgia General Assembly, Clarence R. Vaughn, Jr., the distinguished and able Representative of the 117th District, has labored many long and arduous hours in drafting and marshaling legislation desired by the State High way Department; and
WHEREAS, because of his expertise in legislative matters, many favorable bills to the Highway Department have been enacted; and
WHEREAS, the usual rewards and emoluments which are bestowed to faithful members of the legislature by the State Highway Department are not available in Mr. Vaughn's case because of the fact that in his county it is geologically impossible to pave any more areas which are not already covered by highway pavement or outcroppings of Stone Mountain; and
WHEREAS, it is only befitting and proper that in the absence of the usual favors and gifts emanating from the Highway Department,
THURSDAY, MARCH 7, 1968
3047
that some befitting recognition be bestowed upon the distinguished Rep resentative from the 117th District.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES OF GEORGIA that that portion of Interstate 20 which lies within Rockdale County is hereby designated as the Clarence R. Vaughn, Jr. Highway, in recognition of the outstanding accomplish ments achieved by Mr. Vaughn for the State Highway Department dur ing the 1968 Session of the General Assembly of Georgia.
BE IT FURTHER RESOLVED that the State Highway Department is hereby authorized and instructed to erect suitable monuments along said Interstate designating that portion thereof as the Clarence R. Vaughn, Jr. Highway. Said monuments to be not less in statue than the man for whom they are erected and whom they commemorate.
HR 873. By Messrs. Bray of the 43rd, Smith of the 54th and Steis of the 100th:
A RESOLUTION
Expressing regret at the passing of George Clarence Thompson; and for other purposes.
WHEREAS, the State of Georgia on February 22, 1968, lost one of its finest citizens and lawyers in the passing of George Clarence Thomp son of Manchester, Georgia; and
WHEREAS, the Honorable George Clarence Thompson is a former member of this House having served his constituents and State well during his terms of office from 1941 through 1947; and
WHEREAS, George Clarence Thompson was a valuable and re spected member of the Bar of Georgia since 1923, and he was always willing to counsel and aid the oppressed and give guidance and assistance to everyone with whom he came in contact including other members of the Bar of Georgia in an unselfish, unassuming and sacrificing manner; and
WHEREAS, the said George Clarence Thompson, affectionately known as "Colonel", was a tireless church worker, having served as a member of the Board of Stewards of the First Methodist Church of Manchester for many years and as Chairman of the Board; and
WHEREAS, throughout a long and fruitful life George Clarence Thompson was a beloved member of his community and a friend to all; and
WHEREAS, the said George Clarence Thompson was a charter member of the Manchester Kiwanis Club since April, 1924, a Lieutenant Governor of the 2nd Kiwanis Division, the holder of numerous offices in the Manchester Kiwanis Club, including that of President, and an in-
3048
JOURNAL OF THE HOUSE,
dividual to whom all were indebted for his leadership, character, and faultless humor; and
WHEREAS, the Manchester Kiwanis Club has called to the atten tion of this Body the passing of its most outstanding member and one of the former distinguished members of this body.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby expresses its sorrow and regret in the passing of this outstanding Georgian and former mem ber of the House in the sure and certain knowledge of his reward for service lived and Christian spirit exemplified; and
BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to the Manchester Kiwanis Club, to be conveyed by the President of said Club to the family of the Honorable George Clarence Thompson.
The following Resolutions of the House were read and referred to the com mittees:
HR 870. By Messrs. Rainey of the 69th, Shuman of the 65th, Ward of the 2nd and others:
A RESOLUTION
To create a Wild Dog Study Committee; and for other purposes.
WHEREAS, wild and free running dogs are becoming more wide spread within our State, and
WHEREAS, such wild and free running dogs are responible for destruction of cattle and wildlife, and
WHEREAS, information is needed by this body to determine if legislation is needed to help control this unnecessary loss to our economy,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of seven members of the House to be appointed by the Speaker thereof. The committee shall make a thorough and exhaustive study relative to wild and free running dogs, to determine if legislation is needed in this field, and shall make a report of its findings and recom mendations to the 1969 Session of the General Assembly, at which time it shall stand abolished. The committee shall be authorized to meet for a period not in excess of fifteen days. The members of the committee shall receive compensation, per diem, expenses and allowances authorized for members of interim legislative study committees. The funds neces-
THURSDAY, MARCH 7, 1968
3049
sary for the purposes of this Resolution shall come from funds approp riated and available to the legislative branch of the government.
Referred to the Committee on Natural Resources.
HR 871. By Mr. Harris of the 85th:
A RESOLUTION
Creating an interim committee to study the feasibility of establish ing a grain storage facility in the State of Georgia; and for other purposes.
WHEREAS, there is a continuing need for diversification of state port facilities in order to serve the needs of Georgia importers and ex porters and Georgia's agricultural economy; and
WHEREAS, it is contemplated that the construction of a grain storage facility would increase state port traffic and be of benefit to the farming interests of the whole state of Georgia, since according to the Georgia Farm Bureau the lack of a grain storage facility in the State of Georgia is costing the farmers of Georgia 15.4 million dollars annually; and
WHEREAS, a thorough understanding of existing freight rates is a vital factor in determining whether or not a grain storage facility is feasible for any section of the state at the present time which a study committee should be allowed to determine.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives to study the feasibility of establishing a grain storage facility in the State of Georgia. The committee is authorized to study all matters re lating to the establishment of a grain storage facility in the State of Georgia. The Committee is authorized to employ an expert consultant on freight rates and is further authorized to employ clerical assistants to assist the committee in their study. The committee may hold such meetings at such places at such times as it considers expedient and may do all other things consistent with this Resolution which are neces sary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than fifteen days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly at which time the committee shall stand abolished.
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Referred to the Committee on Agriculture.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 1129. By Mr. Kaylor of the 4th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to change the compensation of said commissioners; and for other purposes.
The following Senate amendment was read:
Senate Committee on County and Municipal Governments moves to amend HB 1129 as follows:
By striking the figure "$12,000.00" wherever the same appears and inserting in lieu thereof the figure "$9,600.00".
And, by amending Section 2 of said House Bill by striking "January 1, 1969" and inserting in lieu thereof "when signed by the Governor".
Mr. Kaylor of the 4th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1129 was agreed to.
HB 1287. By Mr. Lambert of the 38th:
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 Morgan, so as to change the compensation of the chairman, the vice-chairman, and other members of said board of commissioners; and for other purposes.
The following Senate amendment was read:
Sen. Pennington moves to amend HB 1287 as follows:
by striking Section 9 as referred to in Section 1 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:
THURSDAY, MARCH 7, 1968
3051
"Section 9. The chairman of said board shall receive a salary of $200.00 per month. The vice-chairman of said board shall re ceive a salary of $150.00 per month. The other members of the board shall receive the sum of $125.00 per month. In addition thereto, all members shall receive mileage at the rate of eight cents per mile for expenses in attending board meetings or other wise attending to the duties of their office. All expense bill shall be approved by the board before payment."
Mr. Lambert of the 38th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1287 was agreed to.
HB 1518. By Mr. Collins of the 62nd: A Bill to be entitled an Act to create a new charter for the City of Vidalia in the County of Toombs; and for other purposes.
The following Senate amendments were read:
County and Municipal Governments Committee moves to amend HB 1518 as follows:
Section 4-30 of said HB 1518 is hereby amended by deleting the words "the qualified voters of said city" in line 5 of paragraph (b) of said Section 4-30 and inserting the following words after the word "of" in line 5 of paragraph (b) "the voters voting" so that when Section 4-30, paragraph (b) is amended shall read as follows:
"(b) Referendum Requirements. The city shall not be bound by any such contract for a longer period than one year from the making thereof, unless said contract shall have first been approved by a majority vote of the voters voting at an election to be held for such purpose, of which at least four weeks notice shall be given in a newspaper in the city by the mayor and council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election, and said election shall be governed by the laws of said city applicable to the regular elec tion of the mayor and councilmen."
Section 4-32 of said House Bill 1518 is hereby amended by deleting the words "the legal voters of said city" in lines 1 and 2 of paragraph (c) of Section 4-32 and inserting the words "those voting" after the
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JOURNAL OP THE HOUSE,
word "of" in line 1 of paragraph (c). Section 4-32 is further amended by deleting the words "legal voters of said city" and inserting the words "the voters voting" after the word "of" in line 5 of paragraph (c) of said Section 4-32 so that when so amended Section 4-32 shall read as follows:
"(c) Effect of Election. If a majority of those voting cast their votes in favor of selling said plant and all equipment, then the mayor and council of said city shall be authorized to sell the same. If a majority of the voters voting cast their votes against the selling of the same, then the mayor and council shall be without power and authority to sell said plant and equipment."
County and Municipal Governments Committee moves to amend H.B. 1518, Section 4-50. Railroad Trains; Speed, Operation, as follows:
Delete lines beginning with "to require" on line 4 through line 11 ending with the words "street crossing".
Section 4-50 after amending will read as follows:
The mayor and council of the city shall have full power and authority by ordinance to regulate the speed and operation of rail road trains on, along or across the streets, avenues or alleys of the city, and to regulate in any other way the running or operation of railway trains within the city limits, as it may deem necessary to protect and safeguard the public and to provide penalties for the violation of any of the provisions of this section.
Mr. Collins of the 62nd moved that the House agree to the Senate amend ments.
On the motion, the ayes were 103, nays 0.
The Senate amendments to HB 1518 were agreed to.
HR 684-1477. By Mr. Dollar of the 89th:
A Resolution proposing an amendment to the Constitution so as to create the Decatur County-Bainbridge Industrial Development Author ity; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Governments moves to amend HR 684-1477 as follows:
THURSDAY, MARCH 7, 1968
3053
By adding the following at the end of Paragraph h of Section 1:
"The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
Mr. Dollar of the 89th moved that the House agree to the Senate amendment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 684-1477 was agreed to.
HB 1433. By Mr. Branch of the 74th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to provide that the mayor shall have a vote on all matters before the council; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Affairs moves to amend House Bill No. 1433 as follows:
By striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. It shall be lawful for the marshals of said city to arrest without warrant any person or persons within the corporate limits of said city who shall be guilty of violating any of the ordi nances of said city or any state law, which violations take place in the presence of said marshals, and to hold the person arrested for trial in the guard house of said city or such place as may be by the city council provided, or to take bond for the appearance of such per sons for trial before the mayor's court."
Mr. Branch of the 74th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1433 was agreed to.
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JOURNAL OF THE HOUSE,
HB 1501. By Messrs. Chandler and Harrington of the 47th:
A Bill to be entitled an Act to abolish the present method of compen sating the tax collector and tax receiver of Baldwin County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; and for other purposes.
The following Senate amendment was read:
Committee on County and Municipal Governments moves to amend HB 1501 as follows:
By striking from Section 6 the figure "3,000.00" and inserting in lieu thereof the figure "3,600.00" and by adding at the end of Section 6 the following:
"The Baldwin County governing authority shall, when needed, furn ish additional personnel for either tax office referred to herein and in crease personnel compensation allowances to maintain the necessary and qualified personnel to properly conduct the business transactions in said offices."
Mr. Chandler of the 47th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1501 was agreed to.
HB 921. By Messrs. Murphy of the 26th and Blalock of the 33rd:
A Bill to be entitled an Act to amend Code Chapter 26-28, so as to provide that no person shall intentionally convert to his own use any personal property which has been delivered under the terms of a lease or rental agreement in violation of the agreement and to the damage of the owner or lessor; and for other purposes.
The following Senate amendment was read:
The Senate Judiciary Committee moves to amend HB 921 by striking from the title thereof the words "not less than one nor more than five years" and substituting in lieu thereof the words "not less than one nor more than two years" and by striking from Section 1 (c) the words "not less than one nor more than five years" and substituting in lieu thereof the words "not less than one nor more than two years".
THURSDAY, MARCH 7, 1968
3055
Mr. Blalock of the 33rd moved that the House agree to the Senate amend ment.
On the motion, the ayes were 108, nays 0.
The Senate amendment to HB 921 was agreed to.
HB 1200. By Messrs. DeLong and Sherman of the 105th, Fleming and Maxwell of the 106th and Cheeks and Dent of the 104th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to deposit or dump trash, garbage, refuse and waste on any pub lic or private property other than an approved sanitary landfill in cer tain counties; and for other purposes.
The following Senate amendment was read:
County and Municipal Governments Committee moves to amend HB 1200 as follows:
By striking the period (.) at the end of Section 1 and inserting in lieu thereof the following:
"; provided, however, such waste and other items hereinbefore enumerated may be dumped in an area other than an approved sanitary refill if approved by a majority vote of the governing body of the city where the land affected is located, or by a ma jority vote of the governing body of the county, where the land lies outside the city limits."
Mr. DeLong of the 105th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1200 was agreed to.
HB 1615. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a Charter to that municipality under that name and style; and for other purposes.
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JOURNAL OF THE HOUSE,
The following Senate amendment was read:
County and Municipal Governments Committee moves to amend HB 1615 as follows:
By striking the last sentence of the last paragraph of quoted Sec tion 7 of Section 3 which reads as follows:
"No referendum or election shall be required for the levy of a tax for such purpose."
and inserting in lieu thereof a new sentence to read as follows:
"Any bond issue duly approved at a referendum election pur suant to the provisions of this Section shall authorize the levy of such tax to pay said bonds and the interest thereon without further referendum or election."
Mr. Lee of the 35th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1615 was agreed to.
HB 1588. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues in the County of Atkinson, so as to create a Board of Commissioners of Roads and Revenues composed of three members, each to be elected from one of the 3 militia districts in Atkinson County; and for other purposes.
The following Senate amendment was read:
County and Municipal Governments Committee moves to amend HB 1588 as follows:
By inserting in the title after the phrase which reads as follows:
"to provide for the election of the chairman of the Board;", the following:
"to provide for rotation of chairmen; to provide for a referen dum ;".
THURSDAY, MARCH 7, 1968
3057
By striking from quoted Section 5 the following:
"one hundred fifty dollars ($150.00)",
and substituting in lieu thereof the following:
"two hundred dollars ($200.00)".
By striking from quoted Section 6 the following:
"Any member of the Board shall be eligible to succeed himself as chairman.",
and inserting in lieu thereof the following:
"The members of the Board shall determine, at the first meet ing in January, 1969, a method by which the members of the Board shall rotate as chairman. Each member shall serve as chairman for one year."
By inserting a new Section 17 to read as follows:
"Section 17. It shall be the duty of the Ordinary of Atkinson County to issue the call for an election for the purpose of submitting this Act to the voters of Atkinson County for approval or rejection. The Ordinary shall set the date of such election for April 17, 1968. 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 Atkinson County. The ballot shall have written or printed thereon the words:
'For approval of the Act creating a Board of Commissioners of Roads and Revenues of Atkinson County.
'Against approval of the Act creating a Board of Commis sioners of Roads nad Revenues of Atkinson 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 Atkinson 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 Secretary of State."
By renumbering the present Section 17 as Section 18.
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JOURNAL OF THE HOUSE,
Mr. Pafford of the 97th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1588 was agreed to.
HB 1589. By Mr. Pafford of the 97th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Clinch County and providing a salary system in lieu thereof, so as to change the compensation of the sheriff; and for other purposes.
The following Senate amendment was read:
County and Municipal Governments Committee moves to amend HB 1589 as follows:
By inserting in the title, before the clause which reads as follows:
"to repeal conflicting laws;", the following:
"to provide an effective date;"
By inserting a new Section 3, to read as follows:
"This Act shall become effective on April 1, 1968."
By renumbering the present Section 3 as Section 4.
Mr. Pafford of the 97th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1589 was agreed to.
HB 953. By Messrs. Lane of the 126th, Dillon of the 128th, Bond of the 136th, Brown of the 135th and others: A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish
THURSDAY, MARCH 7, 1968
3059
rules and regulations governing the payments of pensions to county employees, so as to provide increase pensions to certain employees; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Governments moves to amend HB 953 as follows:
By adding a new paragraph to Section 3 as follows:
"All pensions payable under this Act as hereby amended shall be subject to the ceiling or limitation that same shall not exceed $625.00 per month, or three-fourths (3/4), whichever is lesser, of the salary of such officer or employee during the highest sixty (60) months of service, notwithstanding the fact that the years of serv ice and the salary of the officer or employee might, except for these limitations, entitle such officer or employee to a higher pen sion."
Mr. Lane of the 126th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 953 was agreed to.
HB 849. By Messrs. Lane of the 126th, Cox of the 127th, Dillon of the 128th and Davis of the 119th:
A Bill to be entitled an Act to create the Board of Recreation Exam iners of the State of Georgia as a division of the Georgia Recreation Commission; and for other purposes.
The following Senate amendment was read:
Education Matters Committee moves to amend HB 849 as follows:
By striking from the title the following:
"to provide for the appointment of the members of said board by the Governor with suggestions from the Board of Directors of the Georgia Recreation Park Society;",
and inserting in lieu thereof the following:
"to provide for the appointment of the members of a board by the Governor with the approval of the Secretary of State and con firmation by the Senate;".
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JOURNAL OF THE HOUSE,
By striking from Section 2 the following:
"with the advice and consent of the Board of Directors of the Georgia Recreation and Park Society.",
and inserting in lieu thereof the following:
"with the approval of the Secretary of State and confirmation by the Senate."
By striking from Section 20 the words "Secretary of State" whereever the same appear, and inserting in lieu thereof the following:
"The Joint Secretary, State Examining Boards," and by striking in its entirety the last sentence of Section 20 which reads as follows:
"The Secretary of State shall notify the tax collectors in each of the counties of this State of the names of the persons so reg istered with him as licensed by the Board."
Mr. Lane of the 126th moved that the House agree to the Senate amendment.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Cato Chandler Cheeks Clarke
Cole Collins, M. Colwell Conner Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Daugherty Da vis Dean DeLong Dent Dillon Dixon Dorminy Doster Douglas Egan Fallin Farmer Fleming Floyd Funk
Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M.
THURSDAY, MARCH 7, 1968
Jones, M. Jordan, G. Kaylor Kirksey
Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leggett Leonard Lewis Longino Lowrey M alone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Mixon Moore, J. H.
Nash Nessmith Newton Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman
3061
Simmons Sims Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, R. Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wilson, J. M. Winkles
Voting in the negative was Mr. Ballard.
Those not voting were Messrs.:
Bostick Bo wen Caldwell
Gates Collins, J. F. Cook Cooper, J. R. Dickinson Dodson Dollar Edwards Farrar Grier Hale Hamilton Hill Howard
Johnson Jordan, W. H. Knapp Levitas Lovell Magoon McCracken Melton Merritt Miller Mo ate Moore, Don C. Moreland Mullinax Murphy Nimmer Odom
Oglesby Poss Potts Ragland Russell Smith, G. W. Smith, J. R. Snow Thompson, A. W. Threadgill Ware Wiggins Williams Wilson Wood Mr. Speaker
On the motion, the ayes were 154, nays 1.
The Senate amendment to HB 849 was agreed to.
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JOURNAL OF THE HOUSE,
Mr. Cook of the 123rd stated that he had been called from the floor of the House when the roll was called on agreeing to the Senate amendment to HB 849, but had he been present would have voted "aye".
HB 1626. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Payette County, so as to change the compensation of the Tax Commissioner; and for other purposes.
The following Senate amendment was read:
Committee on County and Municipal Governments moves to amend HB 1626 as follows:
By adding in the caption prior to the phrase "to repeal conflicting laws;" the following "to provide an effective date;".
By renumbering Section 2 to Section 3 and adding a new Section 2 to read as follows:
"Section 2. This Act shall become effective January 1, 1969."
Mr. Lee of the 35th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1626 was agreed to.
HB 1625. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of the superior court of Fayette Coun ty, so as to change the compensation of the clerk of the superior court; and for other purposes.
The following Senate amendment was read.
Committee on County and Municipal Governments moves to amend HB 1625 as follows:
By adding in the caption prior to the phrase "to repeal conflicting laws;" the following "to provide an effective date;".
THURSDAY, MARCH 7, 1968
3063
By renumbering Section 2 to Section 3 and adding a new Section 2 to read as follows:
"Section 2. This Act shall become effective January 1, 1969."
Mr. Lee of the 35th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1625 was agreed to.
HB 1624. By Messrs. Northcutt, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing in lieu thereof an annual salary for the Sheriff, so as to change the compensa tion of the Sheriff; and for other purposes.
The following Senate amendment was read:
Committee on County and Municipal Governments moves to amend HB 1624 as follows:
By adding in the caption prior to the phrase "to repeal conflicting laws;" the following "to provide an effective date;".
By renumbering Section 2 to Section 3 and adding a new Section 2 to read as follows:
"Section 2. This Act shall become effective January 1, 1969."
Mr. Lee of the 35th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1624 was agreed to.
HB 1623. By Messrs. Northcutt, Lee and Gary of the 35th: A Bill to be entitled an Act to amend an Act abolishing the fee sys tem of compensation for the Ordinary of Payette County and providing in lieu thereof an annual salary for the Ordinary, so as to change the compensation of the Ordinary; and for other purposes.
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JOURNAL OP THE HOUSE,
The following Senate amendment was read:
Committee on County and Municipal Governments moves to amend HB 1623, as follows:
By adding in the caption prior to the phrase "to repeal conflicting laws;" the following "to provide an effective date;".
By renumbering Section 2 to Section 3 and adding a new Section 2 to read as follows:
"Section 2. This Act shall become effective January 1, 1969."
Mr. Lee of the 35th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1623 was agreed to.
HB 1035. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act establishing a retirement fund and retirement benefits for Ordinaries so as to provide for retire ment benefits for the Secretary-Treasurer; and for other purposes.
The following Senate amendment was read:
The Senate Retirement Committee moves to amend HB 1035 as follows :
By striking from quoted Section 2, found in Section 1 of said bill, the following:
"sixty (60)"
and inserting in lieu thereof the following:
"sixty-three (63)".
By striking from quoted subsections (d) and (e) of section 9, found in Section 7 of said bill, the following:
"sixty (60)"
and inserting in lieu thereof the following:
THURSDAY, MARCH 7, 1968
3065
"sixty-three (63)".
By striking from Section 10 the following:
"sixty (60)"
and inserting in lieu thereof the following:
"sixty-three (63)".
Mr. Murphy of the 26th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 155, nays 0.
The Senate amendment to HB 1035 was agreed to.
HB 977. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State, so as to provide law enforcement officers and employees of the State Highway Depart ment with authority to weigh and measure motor vehicles; and for other purposes.
The following Senate amendment was read:
Senator Holley, of the 22nd District, moves to amend HB 977 as follows:
1. By striking Section 1 in its entirety.
2. By striking the first sentence of Section 2 and inserting in lieu thereof the following:
"An Act governing and regulating the use of the public roads and highways of this State by providing the dimensions, length and weights of motor vehicles and providing penalties for the violation of same, approved March 27, 1941 (Ga. Laws 1941, p. 499), as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 1122), is hereby amended by adding a new section to be designated Section IB and to read as follows:"
3. By striking in Section 2 the words "Section 2A" and inserting in lieu thereof the words "Section 2B".
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JOURNAL OP THE HOUSE,
4. By renumbering Sections 2, 3, 4 and 5 of said Act, so as to read Sections 1, 2, 3 and 4.
Mr. Vaughn of the 117th moved that the House agree to the Senate amendment.
On the motion, the ayes were 156, nays 0.
The Senate amendment to HB 977 was agreed to.
HR 620-1348. By Messrs. Nessmith of the 64th, Matthews of the 94th, Lowrey of the 13th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide the programs for the promo tion of agricultural products including provisions for quality and/or product control may be instituted, continued or terminated in accordance with the results of a referendum conducted among the producers of the product or products affected; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide that programs for the promotion of agri cultural products including provisions for quality and/or product control may be instituted, continued or terminated in accordance with the results of referendums conducted among the producers of the products affected and to provide that the General Assembly may delegate to instrumenalities, public corporations, authorities and commissions created by it the right to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of affected products and to collect the same after approval by the producers of such products in a referendum; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section II, Paragraph I-A of the Constitu tion is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I-A, to read as follows:
"Paragraph I-A. PROMOTION OF AGRICULTURAL AND OTHER PRODUCTS; FINANCING; DISPOSITION OF FUNDS. --Any other provision of this Constitution to the contrary notwith-
THURSDAY, MARCH 7, 1968
3067
standing, the General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all of the agricultural products includ ing, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including pro visions for quality and/or product control may be instituted, con tinued or terminated by a specified vote of the producers of the product or products affected participating in a referendum submit ting such proposal for their approval. The General Assembly may create instrumentalities, public corporations, authorities and com missions, to administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of the affected products, and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide that programs for the promotion of agricultural products including pro visions for quality and/or product control may be instituted, continued or terminated in accordance with the results of a referendum conducted among the pro ducers of the product or products affected and to pro-
NO ( ) vide that the General Assembly may delegate to instru mentalities, public corporations, authorities and com missions created by it the right to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of affected products and to collect the same after approval by the producers of such products in a referendum?"
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".
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JOURNAL OF THE HOUSE,
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
Mr. Nessmith 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 Alexander Anderson Ballard Barber Barfield Battle Bennett
Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. H. Brant-ley, H. L. Bray Brown, B. D. Busbee Carnes Cato Chandler Cheeks Clarke Cole Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Dean
DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Egan Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood Howell Hutchinson Jenkins Johnson, A. S.
Joiner Jones, C. M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey Merritt Mixon Moore, Don C. Moore, J. H. Murphy Nash Nessmith Newton Northcutt Odom
Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Potts Ragland Rainey Reaves Ross Rowland Rush
THURSDAY, MARCH 7, 1968
3069
Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, R. Threadgill
Town send Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative was Mr. Douglas.
Those not voting were Messrs.:
Bo wen Brown, C. Buck Caldwell Gates Collins, J. F. Crowe, William Da vis Dickinson Edwards Farrar Grier Hale Higginbotham
Hill Howard Johnson, B. Jones, M. Jordan, W. H. Levitas Lovell McCracken McDaniell Melton Miller Moate Moreland Mullinax
Nimmer Oglesby Poss Richardson Roach Russell Savage Smith, G. W. Snow Thompson, A. W. Ware Wells Westlake Mr. Speaker
On the motion, the ayes were 162, nays 1.
The Senate substitute to HR 620-1348 was agreed to.
HB 1012. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide a new definition for "prior service"; and for other purposes.
The following Senate amendment was read:
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JOURNAL OF THE HOUSE,
Retirement Committee moves to amend HB 1012 as follows:
By striking the figure "10" in quoted subsection (3) of Section 10, founidd in Section 3 of said bill, and inserting in lieu thereof the figure "20".
Mr. Busbee of the 79th moved that the House disagree to the Senate amend ment.
The motion prevailed, and the Senate amendment to HB 1012 was disagreed to.
HB 1000. By Mr. Barber of the 24th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State Public Schools and other state sup porter schools, so as to provide that members of the Employees' Retire ment System of Georgia who become subject to the provisions of the Teachers' Retirement System of Georgia; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act establishing a retirement system for the teachers in the State Public Schools and other State sup ported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide that a current member who was previously a member of the Employees' Retirement System and who withdrew his contributions from the Employees' Retirement System may establish the service under the Employees' Retirement System as creditable service under this System under certain conditions; to provide that members of the Employees' Retirement System of Georgia who become subject to the provisions of the Teachers' Retirement System of Georgia may transfer their credits to the Teachers' Retirement System of Georgia; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing a retirement system for the teachers in the State Public Schools and other State supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding in Section 4 a new subsection immediately following subsec tion (5A) of Section 4 to be designated subsection (5B) and to read as follows:
"(5B). Any current member who was previously a member of the Employees' Retirement System and who withdrew his contribu tions from the Employees' Retirement System not more than one
THURSDAY, MARCH 7, 1968
3071
time may establish the service under the Employees' Retirement System as creditable service under this System, after having at least five (5) years service as a contributing member of this System, provided such member pays into this System an amount equal to the minimum required for continuous members of this System for all such service under the Employees' Retirement System plus any interest that would have accrued on such amount from the date of the withdrawal of contributions from the Employees' Retirement System to the date of payment as provided herein. The employees' Retirement System shall pay to this System the employer contribu tion paid to the Employees' Retirement System, plus accrued inter est thereon, for any member establishing creditable service, as pro vided herein, upon receipt of notice from this System, and the member applying for such creditable service shall be required to pay, in addition to the employee contribution provided for above, the difference between the employer contribution paid under the Employees' Retirement System and the employer contribution that would have been paid under this System for the period of time covered by the creditable service applied for plus accrued interest thereon."
Section 2. Said Act is further amended by striking Section 9A in its entirety and substituting in lieu thereof a new Section 9A to read as follows:
"Section 9A. Any other provisions of law to the contrary not withstanding, any member who has service credits with the Em ployees' Retirement System of Georgia may have such service credits including employer and employee contributions transferred to the Teachers' Retirement System of Georgia. Any member who elects to transfer such service credits shall notify the Board of Trustees of the Teachers' Retirement System in writing of his election to trans fer such service credits. Provided, however, such transferred service credits shall not be used in determining the qualifications of a mem ber for benefits other than vested rights, disability, death or normal service retirement. Provide, however, that said employee be required to make additional contributions to the Teachers' Retirement System of Georgia so that his annuity account balance will be the same as though he has been a member subsequent to July 1, 1956 of the Teachers' Retirement System of Georgia during the period of mem bership service, or in the absence of such payment by the individual, the Teachers' Retirement System shall adjust his credits in propor tion to the said transferred contributions by the Employees' Retire ment System to the Teachers' Retirement System of Georgia."
Section 3. 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, the ayes were 168, nays 0.
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JOURNAL OP THE HOUSE,
The Senate substitute to HB 1000 was agreed to.
HB 1001. By Mr. Barber of the 24th:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System, so as to provide that members of the Teachers' Re tirement System of Georgia who become subject to the provisions of the Employees' Retirement System of Georgia; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act establishing an Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved February 27, 1962 (Ga. Laws 1962, p. 126), so as to provide that current members who have previously withdrawn contributions from the Employees' Retirement System or the Teachers' Retirement System may re-establish such creditable service as he would have been eligible for under either system had he not withdrawn contributions; to provide the conditions under which such creditable service may be re-established; to provide that members of the Teachers' Retirement System of Georgia who become subject to the provisions of the Employees' Retirement System of Geor gia may transfer their credits to the Employees' Retirement System of Georgia; to provide the procedure connected therewith; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing an Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, par ticularly by an Act approved February 27, 1962 (Ga. Laws 1962, p. 126), is hereby amended by striking subsection (11) of Section 4 which was added by said amendatory Act, approved February 27, 1962 (Ga. Laws 1962, p. 126), in its entirety and substituting in lieu thereof a new subsection of Section 4 to be designated subsection (12) and to read as follows:
"(12) Any current member having previously withdrawn his contributions not more than two times from the Employees' Retire ment System and/or the Teachers' Retirement System of Georgia, may, after five (5) years active service as a contributing member, re-establish such creditable service as he would have been eligible for as a member of either System had he not withdrawn his contri butions, upon his payment into the System a sum equal to the amount withdrawn from either System, plus regular interest at the rate of four and one-fourth percent (4%%) per annum from the date of his withdrawal to the date of repayment, and such interest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System contributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees'
THURSDAY, MARCH 7, 1968
3073
Retirement System by the Teachers' Retirement System, plus ac crued interest thereon, upon receipt of notice from this System."
Section 2. Said Act is further amended by striking subsection (9) of Section 8 in its entirety and inserting in lieu thereof a new subsection (9) of Section 8 to read as follows:
"(9) Any other provisions of law to the contrary notwithstand ing, any member who has service credits with the Teachers' Retire ment System of Georgia may have such service credits including employer and employee contributions transferred to the Employees' Retirement System of Georgia. Any member who elects to transfer such service credits shall notify the Board of Trustees of the Em ployees' Retirement System in writing of his election to transfer such service credits. Provided, however, such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death or normal service retirement."
Section 3. 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, the ayes were 162, nays 0.
The Senate substitute to HB 1001 was agreed to.
HB 639. By Messrs. Miller of the 108th, Ragland and Laite of the 109th:
A Bill to be entitled an Act to amend an Act establishing a permanent Board of Education and Orphanage of the County of Bibb, so as to pro vide a different method of selection for the members of the Board; and for other purposes.
The following Senate amendments were read:
The Committee on County and Municipal Governments moves to amend HB 639 by deleting Section 2H in its entirety and substituting a new Section 2H to read as follows:
"Section 2H. Said Board is hereby authorized and directed to com pile in pamphlet or booklet form the rules, regulations and bylaws governing the procedures and operation of said Board. A copy of such pamphlet or booklet shall be made available to the principal of each school in the Bibb County System."
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JOURNAL OP THE HOUSE,
County and Municipal Governments Committee moves to amend HB 639 as follows:
By inserting in the title immediately before the phrase "to provide for a referendum" the following:
"to provide that the Board shall be authorized and directed to submit a copy of the final school budget to the Board of Commis sioners of Bibb County; to provide that all persons employed by said Board in a full time administrative or supervisory capacity may not hold or accept other employment while so employed; to provide for all matters relative to the foregoing;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and by inserting a new section to be designated Section 2, to read as follows:
"Section 2. Said Act is further amended by inserting between Sections 3 and 4 two new sections to be designated as Section 3A and Section 3B and to read as follows:
"3A. Said Board is hereby authorized and directed to sub mit to the Board of Commissioners of Bibb County a copy of the final school budget which is prepared pursuant to the provisions of Sections 41 and 42 of the Act known as the 'Minimum Foun dation Program of Education Act', approved January 24, 1964 (Ga. Laws 1964, p. 3), as the same is now or may hereafter be amended. The copy of said final school budget shall be sub mitted to said Board of Commissioners within one week after its adoption by the Board each year.
"3B. Said Board is hereby authorized and directed to estab lish a policy which shall become effective on September 1, 1968, which will prohibit any person employed by said Board in a full time supervisory or administrative capacity from holding or accepting any other employment while so employed by said Board of Education."
Mr. Miller of the 108th moved that the House agree to the Senate amendments.
On the motion, the ayes were 103, nays 0.
The Senate amendments to HB 639 were agreed to.
HB 1486. By Messrs. Johnson of the 40th and Ross of the 31st:
A Bill to be entitled an Act to abolish the present mode of compensating the Solicitor-General of the Toombs Judicial Circuit known as the fee
THURSDAY, MARCH 7, 1968
3075
system; to provide in lieu thereof an annual salary; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to abolish the present mode of compensating the Solicitor General of the Toombs Judicial Circuit known as the fee system to provide in lieu thereof an annual salary; to provide that all fees, costs and other emoluments shall become the property of the coun ties comprising said circuit; to provide that said counties shall be subrogated to all rights, claims and liens of said officer; to provide for the collection, disposition and accounting of such fees, costs and other emolu ments; to provide for an expense allowance; to prohibit the Solicitor General from engaging in the private practice of law; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The present mode of compensating the Solicitor General of the Toombs Judicial Circuit known as the fee system, is hereby abol ished, and the Solicitor General of the Toombs Judicial Circuit shall be compensated on a salary basis in the amount and manner as herein after provided.
Section 2. The Solicitor General of the Toombs Judicial Circuit is hereby prohibited from directly or indirectly engaging in the private practice of law; provided, however, that the present Solicitor General and all future Solicitors General may prosecute to final completion all cases in which his name appears of record and which, as to the present Solicitor General, may be filed prior to January 1, 1969 and which, as to future Solicitors General, may be filed prior to his election or appoint ment to the office of Solicitor General of said circuit.
Section 3. The Solicitor General of the Toombs Judicial Circuit shall receive an annual salary of $16,000.00. Such Solicitor General shall also receive an expense allowance of $1,200.00 per annum; provided, however, (a) such expense allowance shall continue to be payable in such amount only so long as the total expense allowance payable to the Solicitor Gen eral by the State of Georgia shall be $5,800.00, or less, per annum; and (b) in the event that the total expense allowance payable to the Solicitor General by the State of Georgia shall exceed $5,800.00 per annum, the expense allowance herein authorized and provided for shall be only such part, if any, of $1,200.00 per annum as when added to the total expense allowance payable to the Solicitor General by the State of Georgia shall equal, but not exceed $7,000.00 per annum. Such salary and expense allowance, if any, shall be payable to the Solicitor General in equal monthly installments and shall be paid by the respective counties com prising the Toombs Judicial Circuit in the ratio which the population of each county bears to the total population of the counties comprising said Judicial Circuit as shown by the latest official United States decennial
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JOURNAL OF THE HOUSE,
census. Provided, however, the expense allowance paid by the respective counties comprising the Toombs Judicial Circuit shall in no event exceed $1,200.00 per annum.
Section 4. The governing authorities of the county in the Toombs Judicial Circuit in which the then serving Solicitor General shall reside shall furnish such Solicitor General with appropriate office space, in cluding utilities (except telephone).
Section 5. All fees, commissions, costs, monies and other emolu ments accruing to the office of said Solicitor General, except the salary and expense allowance provided herein and the salary and allowances paid out of the Treasury of the State, shall become the property of the respective counties of the Toombs Judicial Circuit in which the same are collected, and said counties are hereby subrogated to all rights, claims and liens of said Solicitor General therefor. Provided, however, the Solici tor General shall continue to receive and keep all fees derived under the Uniform Reciprocal Enforcement of Support Law.
Section 6. After the effective date of this Act, the Solicitor Gen eral shall diligently and faithfully undertake to collect all fees, com missions, costs, funds, monies and other emoluments accruing to the office of Solicitor General and belonging to said counties and shall re ceive and hold the same in trust for said counties as public funds and shall pay the same into the respective treasuries of said counties on or before the 20th day of the month following the month in which they
are collected or received. At the time of each monthly payment, said
Solicitor General shall furnish to the treasurer or other fiscal authority
of each county a detailed statement of all such funds collected and re
ceived during the preceding month by said Solicitor General and paid
into the treasury of each county.
Section 7. The provisions of this Act shall become effective on January 1, 1969; provided, however, that in the event the office of So licitor General of the Toombs Judicial Circuit becomes vacant by rea son of death, resignation, disability or otherwise, at any time prior to January 1, 1969, such provisions of this Act shall become effective on the date of such vacancy.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Johnson of the 40th moved that the House agree to the Senate substitute.
On the motion, the ayes were 103, nays 0.
The Senate substitute to HB 1486 was agreed to.
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3077
HB 940. By Messrs. Murphy of the 26th and McClatchey of the 138th.
A Bill to entitled an Act to amend Code Title 13 known as the "Banking Law of Georgia," so as to change the distance between the location of a bank office or bank facility and a parent bank; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Title 13 known as the "Banking Law" of Georgia, as amended, so as to remove the provisions relating to private banks and bankers; to provide that the territorial boundaries and limits of a village shall not extend beyond three miles in any direc tion from the geographic center of the village; to change the fee paid by applicants for a bank charter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act to amend Code Title 13 known as the "Banking Law" of Georgia, as amended, is hereby amended by striking from Code Section 13-201 the terms "private banks" and "private bankers" whereever the same shall appear so that when so amended shall read as fol lows:
"13-201. Definition of term 'bank'.--The term 'bank', as used in this Title, means any moneyed corporation authorized by law to receive deposits of money and commercial paper, to make loans, to discount bills, notes and other commercial paper, to buy and sell bills of exchange, and to issue bills, notes, acceptances or other evidences of debt, and shall include incorporated banks, savings banks, banking companies, trust companies, and other corporations doing a banking business, but unless the context otherwise indicates shall not include partnerships or voluntary associations doing a banking business, or National banking associations, or building and loan associations or similar associations or corporations; Provided, however, that the following sections of this Title, to wit, section 13207, restricting the acquisition and ownership of bank shares or as sets; section 13-2035, defining due diligence on the part of a bank in collections; section 13-2036, authorizing the forwarding of col lection items direct to the payer; section 13-2039, providing for the payment of deposits in two names; section 13-2040, authorizing the payment under certain circumstances of the checks of the deceased, bankrupt or insane depositor; section 13-2041, authorizing deposit accounts by minors; section 13-2042, providing for the payment of deposits by agents, trustees or other fiduciaries; section 13-2043, providing for the payment of deposits in trust; section 13-2044, providing a limitation for claims on account of forged or raised checks; section 13-2048, providing for the payment of deposits of deceased depositors; section 13-2049, providing for stale checks; section 13-2050, providing for stop-payment orders to be renewed; section 13-2052, providing for forged or unauthorized endorsements;
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JOURNAL OF THE HOUSE,
section 13-2053.1 through 13-2057, relating to records; section 139931, providing for libel of bank; section 13-9932, providing for slander of bank; section 13-9933, providing for check or draft with out funds, shall apply to National banking associations, and all other persons, corporations, or associations, by whatever authority organized, doing a banking business in this state, National banking associations shall have the same but no greater right under or by virtue of this Title and Acts amendatory and supplementary there of than is granted to banks and trust companies organized under the laws of this State."
Section 2. Said Code Title is further amended by striking Subsec tion (h) of Code Section 13-201.1, and inserting in lieu thereof a new Subsection (h) of Code Section 13-201.1, to read as follows:
"(h) The term 'village' as used in this Title means an as semblage or aggregation of houses for dwellings or business, or both, reasonably contiguous to each other and identifiable and generally known as a village or community but unincorporated and not chartered as a municipal corporation under the laws of the State of Georgia. For the purpose of this Title, the territorial boundaries and limits of a village shall be fixed by the Superin tendent of Banks immediately upon this section becoming effective and thereafter upon the grant of a charter to a bank situated in a village; Provided, however, the territorial boundaries and limits of a village shall not extend beyond three miles in any direction from the geographic center of the village; and Provided, further, that a plat showing the boundary of such a village shall be filed in the office of the superintendent as a public record: and also, Provided, that such village shall not extend into the territory, or incorporat ed area, of any municipal corporation."
Section 3. Said Code Title is further amended by striking the fig ure "$350" from the last paragraph of Code Section 13-904 and insert ing in lieu thereof the figure "$500", so that when so amended Code Section 13-904 shall read as follows:
"13-904. Information to be furnished superintendent by ap plicants.--When such application has been referred to the Superin tendent of Banks he shall call upon the applicants for a statement, showing:
1. The names and places of residence of the subscribers to the stock of such bank and the number of shares to be held by each.
2. The names of the stockholders who shall be directors for the first year of the incorporation of said bank.
3. How and when it is proposed that the capital stock shall be paid in.
4. When it is proposed that such bank shall commence busi ness.
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3079
5. Such other information as may be desired by the Superin tendent of Banks.
Which statement it shall be the duty of said applicants to furnish upon request of said superintendent. Such statement shall be accompanied by an examination and investigation fee of $500 to be paid by the applicants: Provided, that this fee shall not apply to applications for renewal of charters. The superintendent shall conduct no examination or investigation and shall issue no certifi cate of approval or disapproval unless such fee is paid."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
The following Senate amendment to the Senate substitute was read:
Senator Hensley of the 33rd moves to amend Senate Committee Substitute to HB 940 by Murphy of the 26th by adding the following language to the end of Section 2(h):
"; nor shall any village territory extend across county line bounda ries; and no bank office or bank facility of a parent bank located in a village shall be located more than three miles distant from the parent bank."
Mr. Murphy of the 26th moved that the House disagree to the Senate substi tute, as amended by the Senate.
Mr. Vaughn of the 117th moved that the House agree to the Senate substi tute, as amended by the Senate.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Brantley, H. L. Busbee Carnes Cheeks Cole Collins, J. F. Davis Dorminy Doster Douglas Parrar Fleming
Hadaway Harris, J. P. Higginbotham Holder Hutchinson Jenkins Joiner Jones, M. Kaylor Laite Land Levitas Mason
Miller Nash Odom Poss Rowland Smith, G. W. Steis Sullivan Underwood Vaughan, D. N. Vaughn, C. R. Walling Westlake
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JOURNAL OP THE HOUSE,
Those voting in the negative were Messrs.:
Adams Alexander Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck Gates Cato Clarke Collins Conner Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Dixon Dodson Edwards Egan Fallin Farmer Floyd Gary Gay Gaynor Gignilliat
Grahl Graves Hale Hall Hamilton Hargrett Henderson Hill Howard Howell Johnson, A. S. Jordan, G. Jordan, W. H. Kirksey Knapp Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lowrey Magoon Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Mixon Moore, J. H. Mullinax Murphy Nessmith Nimmer Northcutt Oglesby
Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard
Potts Rainey Reaves Richardson
Ross Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, J. R. Smith, W. L. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Tucker Turner Tye Wamble Ware Whaley Wiggins Williams Wilson, J. M. Wilson, R. W.
Those not voting were Messrs. :
Barfield Bond Brantley, H. H. Caldwell Chandler Colwell Cook Cooper, B.
Cox DeLong
Dollar Funk Grier Gunter
Harrington Harris, J. R.
Harris, R. W. Harrison
Hood Johnson, B.
Jones, C. M. Lambros Lane, Dick Lovell
McCracken Moate Moore, Don C. Morel and Newton Phillips
THURSDAY, MARCH 7, 1968
3081
Ragland Roach Shields Smith, V. T. Snow Townsend
Ward Wells Winkle Wood Mr. Speaker
On the motion to agree, the ayes were 39, nays 125.
The Senate substitute, as amended by the Senate, to HB 940 was disagreed to.
Messrs. Harris of the 85th and Harris of the 118th asked to be excused from voting on the motion to agree because of a conflict of interest. The Speaker granted their request.
HB 971. By Mr. McClatchey of the 138th.
A Bill to be entitled an Act to amend an Act so as to allow certain eligi ble persons to become members of the Judges' and Solicitor-Generals' Retirement Fund of Fulton County; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Governments moves to amend House Bill 971 as follows:
by striking from Section 2 of said Bill the words commencing with "now or hereafter" at the beginning of the fourth line in said Section and sub stituting for the words struck the following:
if his salary from Fulton County amounted to $18,000.00 per annum, without regard to whether his actual salary shall be more or less than said amount.
Said Section 2 as amended to read as follows:
SECTION 2
Said Act is further amended to provide that the present Solicitor General of the Superior Court of Fulton County shall be eligible for membership and pension benefits on the same basis as to benefits pay able and payments into the fund as if his salary from Fulton County amounted to $18,000.00 per annum, without regard to whether his actual salary shall be more or less than said amount.
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JOURNAL OF THE HOUSE,
Mr. McClatchey of the 138th 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 971 was agreed to.
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.
The following Senate substitute was read:
A BILL
To be entitled An Act to amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issue of bonds, as amended by an Act approved March 17, 1960, (Ga. Laws 1960, p. 1032), so as to provide that every bond issue in certain counties shall contain in the legal advertisement of said bond issue a reference that any brochures, listings or other advertisements issued by the governing body in such counties, or any other person, firm, corporation or association with the knowledge and consent of the governing body in such counties shall be deemed to be a statement of intention of the governing body in such counties concerning the use of the bond funds; to provide that such statement of intention shall be binding on the governing body in such counties in the expenditure of any such bond funds; to provide for exceptions; to provide that bond issue funds shall be expended in the manner in which advertised and the purpose for which issued; to provide that the governing authority in such counties may, by a two-thirds vote, declare any project which has been estab lished pursuant to any such statement of intention to be unnecessary; to authorize the governing body in such counties, by a two-thirds vote to transfer funds allocated to projects declared to be unnecessary to other projects encompassed within the language of the statement of purpose in the election notice; to provide that interest from invested bond funds and surpluses from overestimated projects shall be used first to complete underestimated projects; to provide that all remaining funds shall be used for other projects or improvements which the governing body in such counties may deem necessary; to require open meetings of governing bodies which allocate bond funds; to provide for penalties; to provide that violations of the provisions of this Act shall not affect the validity of bonds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the
THURSDAY, MARCH 7, 1968
3083
issue of bonds, as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 1032), is hereby amended by adding at the end thereof two new paragraphs to read as follows:
"Provided, however, in all counties of this State having a pop ulation of not less than 250,000 and not more than 500,000 according to the U. S. decennial census of 1960 or any such future census, every legal advertisement of a bond election shall contain a reference that any brochures, listings or other advertisements issued by the governing body in such counties, or by any other person, firm, cor poration or association with the knowledge and consent of the governing body in such counties shall be deemed to be a statement of intention of the governing body in such counties concerning the use of the bond funds, and such statement of intention shall be bind ing on the governing body in such counties in the expenditure of any such bond funds, unless the governing body in such counties transfers funds from one project to another, in the manner herein after provided, and such statement of intention shall be set forth in the Resolution pursuant to which such bonds are issued. Bond funds shall be expended in the manner in which advertised and for the purpose stated in such statement of intention. The governing body in such counties may, by a two-thirds vote, declare any pro ject which has been established pursuant to any such statement of intention to be unnecessary. The governing body of such counties may, by a two-thirds vote, transfer funds allocated from projects declared to be unnecessary to other projects encompassed within the language of the statement of purpose in the election notice. Interest received from bond funds which have been invested and surpluses from the overestimated projects shall be used first to com plete underestimated projects and all remaining funds received from interest and overestimated projects shall be used for other projects or improvements which the governing body in such counties may deem necessary and which are encompassed within the language of the statement of purpose in the election notice. Any meetings of any governing bodies at which any bond fund allocation is made shall be open to the public. Such meetings shall be announced to the news media in advance and shall be open to the news media.
Any person who violates the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, provided, however, nothing contained
in this Section shall be construed so that a violation thereof shall affect the validity of any bonds issued hereunder."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Westlake of the 119th moved that the House agree to the Senate substi tute.
On the motion to agree, the ayes were 103, nays 0.
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The Senate substitute to HB 250 was agreed to.
HB 1178. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Threadgill of the 32nd and Lambert of the 38th:
A Bill to be entitled an Act to amend Code Chapter 34-10, so as to provide that each political party desiring to nominate candidates by convention shall adopt rules and regulations governing the conduct of such conventions; and for other purposes.
The following Senate amendments were read:
Senator Bateman of the 27th moves to amend HB 1178 by in serting after the semi-colon in the last sentence of sub-paragraph (3) in Section 1 D. (c) the words "or apportioned according to the number of votes received by the party's candidate for the office of governor of Georgia in the last gubernatorial election in the areas concerned."
Senator Bateman of the 27th moves to amend HB 1178 by striking sub-paragraph (d) in Section 1 D. in its entirety and inserting a new paragraph (d) to read as follows: "Any candidate nominated by convention shall be required to pay to the person with whom he files his notice of candidacy the same qualifying fee as that required of candidates for the same office as prescribed by the executive committee or other rule making body of the political party involved."
Mr. Wiggins of the 32nd moved that the House agree to the Senate amend ments.
On the motion to agree, the ayes were 141, nays 0.
The Senate amendments to HB 1178 were agreed to.
HB 683. By Messrs. Nessmith and Lane of the 64th, Matthews of the 94th and others. A Bill to be entitled an Act to amend the Sales and Use Tax Act, so as to provide an additional exemption from the taxes imposed by said Act; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled An Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February
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20,1951 (Ga. Laws 1951, p. 360), as amended, so as to provide for exemp tions from the taxes imposed by said Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax", approved February 20,1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by adding to Section 3(c)2 a new subparagraph to be designated subparagraph (v) to read as follows:
"(v) The sale, to persons engaged primarily in producing farm crops for sale, of rubber-tired farm tractors and attachments there to which are used exclusively in tilling, planting, cultivating and harvesting farm crops, and the sale to such persons of equipment used exclusively in harvesting such crops. For the purposes of this subparagraph, the term "farm crops" shall include only those crops which are planted and harvested within a twelve month period."
Section 2. This Act shall become effective January 1, 1969.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Nessmith of the 64th moved that the House agree to the Senate substi tute.
On the motion to agree, the ayes were 142, nays 1.
The Senate substitute to HB 683 was agreed to.
HB 1086. By Messrs. Scarlett and Harris of the 85th:
A Bill to be entitled an Act to amend the Brunswick Port Authority Act, so as to provide that a project will not have to necessarily result in the increased use of the port facilities; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act To amend an Act known as the "Brunswick Port Authority Act", approved March 8, 1945 (Ga. Laws 1945, p. 1023), as amended by an Act approved February 21, 1958 (Ga. Laws 1958, p. 82), so as to provide that the bonds of the Authority shall bear interest at such rate or rates not exceeding 7% per annum; to clarify said Act by repealing a duplicate Section; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Brunswick Port Authority Act", approved March 8, 1945 (Ga. Laws 1945, p. 1023), as amended by an Act approved February 21, 1958 (Ga. Laws 1958, p. 82), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
Section 5. Revenue Bonds. The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any parts of the cost as hereinabove defined of any one or more projects. The principal and interest of such revenue bonds shall be payable from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding 7% per annum, payable semi-annually, shall mature at such time or times not exceeding forty (40) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. The Authority shall determine the form of the bonds, in cluding any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed and attested by the SecretaryTreasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments, laws of the State. Such bonds and the income thereof shall be exempt from all taxation within the State.
"The bonds may be issued in coupons or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner for such price as it may determine to be for the best interest of the Authority, such price not to be limited by any interest cost limitation contained in any other law. The proceeds
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of such bonds shall be used soley for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or prior ity of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and, interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definite bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or ivquired by this Act. In the discre tion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolu tion may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members."
Section 2. Said Act is further amended by striking 3 of an amend atory Act approved February 21, 1958 (Ga. Laws 1958, p. 82), which reads as follows:
"Section 3. Be it further enacted that notwithstanding any thing elsewhere contained in Act No. 314 aforesaid, any bonds issued thereunder may bear interest at such rate or rates not exceeding six per cent (6%) per annum and may mature at such time or times not exceeding forty (40) years from their date or dates as may be pro vided by the Authority, and may be sold at such price or prices as require the payment of interest on the money received therefrom at not more than six per cent (6%) per annum computed with rela tionship to the absolute maturity of the bonds."
in its entirety and by renumbering Sections 4, 5, 6, 7 and 8 as Sections 3, 4, 5, 6 and 7 respectively.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Scarlett of the 85th moved that the House agree to the Senate substitute.
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JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 143, nays 0.
The Senate substitute to HB 1086 was agreed to.
HB 514. By Messrs. Ware and Mullinax of the 42nd, Palmer of the 117th and others.
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; and for other purposes.
The following Senate substitute was read:
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 increase the deduction allowed for contributions or gifts made to chari ties; to provide for an additional deduction for contributions or gifts to certain charities, organizations and associations; to provide that contri butions to certain organizations which exceed the limitation for the tax year may, under certain circumstances, be carried over and be deducted in the succeeding five (5) tax years; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 92-3109 relating to deductions in computing net income for income tax purposes, is hereby amended by striking in the first sentence of Subsection (g) the following:
"15",
and inserting in lieu thereof the following:
"20",
and by adding at the end of Subsection (g) the following:
"Provided, however, that the twenty percent limitation in the case of individuals, as provided herein, may be increased an addition al ten percent for a total deduction for contributions in the case of individuals of thirty percent of the taxpayer's gross income less business expenses, but said additional ten percent shall be allowable only when such contributions are made to the following:
(a) churches or conventions or associations of churches;
THURSDAY, MARCH 7, 1968
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(b) tax-exempt educational organizations having a regular faculty and curriculum and a regular student body attending resident classes;
(c) tax-exempt hospitals and, under certain circumstances, organizations directly engaged in continuous medical research in conjunction with such hospitals;
(d) certain organizations operated exclusively to hold and ad minister property for state and local colleges and universities;
(e) a state, a possession of the U. S., or any political sub division of any of the foregoing, or the U. S. or the District of Columbia, if the contribution is made for exclusively public pur poses;
(f) an organization organized and operated exclusively for charitable, religious, educational, scientific, or literary purposes or for the prevention of cruelty to children or animals if in addition it also normally receives a substantial part of its support (aside from income from its religious, charitable, etc., activities) from a govern mental unit described in (e), or from direct or indirect contributions from the general public.
Provided further that any contributions to any organization listed in (a) through (f) of the foregoing proviso paid in a taxable year which are in excess of the amount deductible for such year may be carried over until exhausted for the next five (5) succeeding tax able years and deducted as such a contribution paid within the suc ceeding tax year to which it is carried; provided that in any given tax year the total amount of contributions, including any amount carried forward under this section, shall not exceed the percentages set forth in this section and any amounts carried forward under this section and deducted in succeeding tax years shall not be con sidered in computing any net operating loss for the succeeding tax year to which it is carried.",
so that when so amended Subsection (g) of Code Section 92-3109 shall read as follows:
"(g) Contributions or gifts. -- Contributions or gifts made within the income year to corporations or associations, including community chest funds, foundations, and trusts created solely and exclusively for religious, charitable, scientific, or educational pur poses, or for the prevention of children or animals, no part of the
net earnings of which inures to the benefit of any private stock holder or individual, in the case of individuals to an amount not in excess of 20 percent of the taxpayer's gross income less business expenses, and in the case of corporations to an amount not in excess of five percent of the corporation's net taxable income computed without benefit of this subsection; except that in the case of a corporation whose income is subject to apportionment under Section 92-3113, as amended, the amount allowable shall not exceed the total amount of contributions multiplied by the ratio used in apportion-
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JOURNAL OF THE HOUSE,
ing income to Georgia, or five percent of the net income taxable by Georgia, whichever is smaller. If a corporation, whose entire net income is not taxable by Georgia, shall use any other method of
apportioning income to Georgia, or which shall reduce its entire taxable income in any manner, the amount allowable shall not exceed the total amount of contributions multiplied by the ratio that the net income taxable by Georgia after all other deductions bears to the entire net income of the corporation, or five percent of the net income taxable by Georgia after all other deductions, whichever is
smaller. Provided, however, that the twenty percent limitation in the case of individuals, as provided herein, may be increased an addi tional ten percent for a total deduction for contributions in the case of individuals of thirty percent of the taxpayer's gross income less business expenses, but said additional ten percent shall be allow able only when such contributions are made to the following:
(a) churches or conventions or associations of churches;
(b) tax-exempt educational organizations having a regular faculty and curriculum and a regular student body attending resident classes;
(c) tax-exempt hospitals and, under certain circumstances, organizations directly engaged in continuous medical research in conjunction with such hospitals;
(d) certain organizations operated exclusively to hold and ad minister property for state and local colleges and universities;
(e) a state, a possession of the U. S., or any political subdivi sion of any of the foregoing, or the U. S. or the District of Colum bia, if the contribution is made for exclusively public purposes;
(f) an organization organized and operated exclusively for charitable, religious, educational, scientific, or literary purposes or for the prevention of cruelty to children or animals if in addition it also normally receives a substantial part of its support (aside from income from its religious, charitable, etc., activities) from a govern mental unit described in (e), or from direct or indirect contributions from the general public.
Provided further that any contributions to any organization listed in (a) through (f) of the foregoing proviso paid in a taxable year which are in excess of the amount deductible for such year may be carried over until exhausted for the next five (5) succeeding taxable years and deducted as such a contribution paid within the
succeeding tax year to which it is carried; provided that in any given tax year the total amount of contributions, including any amount carried forward under this section, shall not exceed the per centages set forth in this section and any amounts carried forward under this section and deducted in succeeding tax years shall not be considered in compting any net operating loss for the succeeding tax year to which it is carried."
THURSDAY, MARCH 7, 1968
3091
Section 2. The provisions of this Act shall become effective for all taxable years ending on and after January 1, 1969.
Section 3. 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 143, nays 0.
The Senate substitute to HB 514 was agreed to.
HB 891. By Mr. Cato of the 89th:
A Bill to be entitled an Act to amend the Georgia Civil Practice Act, so as to provide that the clerk as well as the judge may grant an order that service may be made by publication of the summons; and for other purposes.
The following Senate amendment was read:
The Senate Judiciary Committee moves to amend HB 891 by insert ing the word "on" between the word "person" and the word "whom" and inserting the word "and" between the word "court" and the word "it" in the first paragraph of Sub-paragraph (i) of Section 1 so that when said paragraph is so amended, it shall read as follows:
"(i) General. -- When the person on whom service is to be made resides out of the State, or has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself to avoid the service of the summons, and the fact shall ap pear, by affidavit, to the satisfaction of the judge or clerk of the court, and it shall appear, either by affidavit or by a verified com plaint on file, that a claim exists against the defendant in respect to whom the service is to be made, and that he is a necessary or proper party to the action, such judge or clerk may grant on order that the service be made by the publication of summons.
Mr. Cato of the 89th moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 147, nays 0.
The Senate amendment to HB 891 was agreed to.
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HB 557. By Messrs. Dillon of the 128th and Carnes of the 129th:
A Bill to be entitled an Act to create a State Board of Examiners of Plumbing Contractors; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled An Act to create the State Board of Examiners of Plumbing Contractors; to provide for the examination of all master, con tracting and journeymen plumbers; to provide for the issuance and re newal of licenses; to define certain terms; to provide for examination fees, license fees, and renewal fees and the disposition thereof; to provide for the appointment of members of the Board of Examiners of plumbing contractors; to provide for the duties of the board; to provide for issuing rules and regulations by the board; to provide for compensation and expenses of the members of the board; to provide that no person, firm, or corporation shall engage in the business of plumbing contracting, installation, or repairing of plumbing facilities unless qualified under the provisions of this Act; to provide for hearings of complaints; to pro vide for the publication of a roster; to provide for an effective date; to provide for exceptions; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. A State Board of Examiners of Plumbing Contractors is hereby created to determine the fitness of master, contracting and journeyman plumbers to engage in said vocation in this state by the establishment of rules and regulations in order to safeguard home and other property owners and tenants against faulty, inadequate, inefficient or unsafe plumbing installations to protect the life, health and property of said owners and tenants in the State of Georgia.
Section 2. Master or Contracting Plumber. A master or contracting plumber is defined as an individual who is skilled in the art of design and installation of plumbing equipment, as hereinafter enumerated and who has sufficient practical knowledge and experience to efficiently and properly assume the responsible charge and direction of others in the design or inspection of plumbing systems and installation of such equip ment or plumbing systems, in the State of Georgia and who qualifies as such under this Act.
Section 3. Journeyman Plumber. Any person other than a master or contracting plumber who has satisfied the Board as to his practical knowledge of the installation of plumbing and has been licensed by the Board to install plumbing under the direction of a master or contracting plumber.
Section 4. All master, contracting, or journeyman plumbers in the State of Georgia shall qualify in accordance with the provisions of this Act, and shall be required to stand an examination before the Board of
THURSDAY, MARCH 1, 1968
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Examiners. Any applicant failing to pass his first examination for a certificate shall be entitled to take any subsequent examination held within six months from the date of his first examination without pay
ment of any additional fee.
Section 5. Examinations shall be made up by said Board in such manner as to test the knowledge, skill and efficiency of the applicants. Examinations shall be held at such time and place as may be fixed by the Board of Examiners at least quarterly. Written notice of the time and place of examinations shall be mailed to all persons who have filed ap plications for the examinations with the Secretary of the Board of Examiners, to the address given on his applications.
Section 6. Requirements for Master or Contracting Plumbers Lic ense. Within six months after the effective date of this Act, all indivi duals desiring to qualify as a master or contracting plumber shall make application to stand the examination herein provided for, or within the same period, shall furnish satisfactory evidence such as current business license and/or journeyman or Master or Contractor certificate to said Board that such individual has successfully and efficiently engaged in said vocation for a period of at least six months. Any individual so qualifying shall pay to said Board the fee prescribed for applicants for examinations for qualification. The decision of the Board as to the qualifications of applicants taking the required examinations shall in the absence of fraud, be conclusive. All individuals desiring to engage in said vocations after the expiration of six months after the effective date of this Act, shall qualify under this Act before engaging in said vocation or business.
Section 7. The Board of Examiners shall consist of ten licensed master or contracting plumbers and four journeymen plumbers and one qualified fulltime plumbing inspector. Plumbing inspector as herein used is hereby defined as a person who is currently employed by a gov erning authority of a municipality or county to inspect plumbing within the jurisdiction of the appointing authority. The members of the Board shall be appointed by the Governor, with the approval of the Secretary of State and shall be confirmed by the Senate. One master or contracting plumber shall be appointed from each Congressional District in Georgia. The first eight members of the Board to be appointed by the Governor shall serve on said Board until June 30, 1970, and the remaining members of the Board appointed by the Governor shall serve on the said Board until June 30, 1972. On June 30, 1970, the Governor shall appoint seven new members who shall succeed to the offices of the original eight ap pointees and continue on in like manner, the intent of this law being to
stagger the composition of the Board so that each member shall serve for a term of four years. Any member of the Board may be removed by the Board for misconduct, incompetency or neglect of duty. Vacancies shall be filled by appointment by the Governor for the unexpired term in manner similar to appointment for an original term. On July 1st of every even-numbered year the Board shall elect a chairman who shall serve for a period of two years.
Section 8. Each of the members of said Board shall take an oath before the Governor of the State of Georgia that he will faithfully per form the duties of his office. The Board shall elect from among its mem-
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bers a secretary who shall keep the minutes, books and other records and files of the Board. He shall issue all certificates in the name of the Board which is hereby designated as "State Board of Plumbing Examin ers", he shall send out all notices and attend to all correspondence under the direction of the Board; he shall receive and deposit in the afore mentioned name of the Board, in a depository to be designated by the Board, all fees and perform such other duties as are incidental to his of fice and as may be required by the Board. He shall give bond payable to the Governor of the State of Georgia in the penal sum of $5,000.00 for the faithful performance of his duties and the premium therefor shall be paid from the fees of the Board. The Board may in its discretion pro vide for such extra remuneration for the services of the secretary as it may deem proper to be paid from said fees. No moneys shall be with drawn from the funds of the Board except by direction of the Board which shall be by check signed by the Chairman and countersigned by the Secretary. A majority of the Board shall constitute a quorum for the transaction of all business.
Section 9. Organization of the Board; first meeting, organization, rules and regulations. Within thirty (30) days after its appointment, the Board shall meet on call by the Joint Secretary of the State Examining Boards. The Joint Secretary shall serve as Secretary to the Board in all matters as set forth in Chapter 84-1, Code of Georgia of 1933, as amended. The Board shall elect from its members such other officers as it may deem necessary for such terms as it may designate in its rules and regulations. The Board shall adopt such rules and regulations as it may deem necessary for the proper discharge of its duties, in accordance with the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338). The chairman may appoint members to such committees as the work of the Board may require.
Section 10. Applicants for examination shall pay the following fees: $25.00 for journeyman, $75.00 for contractor. All of the fees fixed by the Board of Examiners must accompany the applications for examina tions and no part of said fees shall be refunded. Said fees shall be re ceived by said Board and held by it solely for the purpose of paying the expenses of carrying out the provisions of this Act.
Section 11. Each of the members of the Board of Examiners shall receive the sum of not more than twenty ($20.00) dollars per day for each day actually engaged in the performance of the duties imposed by this Act, said sums to be paid only out of the fees received for examina tions and renewal certificates. Each member shall also be reimbursed for travel expense going to and from his residence in conjunction with official meetings of the Board at the rate of six (6(0 cents per mile.
Section 12. All certificates provided for herein shall be renewed an nually, not later than ninety (90) days after the first day of January
of each year, and all holders of certificates shall be entitled to renewal thereof upon payment of a renewal fee of not more than thirty-five ($35.00) dollars for master or contracting plumber, and ten ($10.00) dollars for journeyman plumber per annum. All certificates not renewed under the provisions of this section shall be subject to a penalty of seventy-five ($75.00) dollars per year for each year not renewed and further subject to re-examination after three years. All civil fines as-
THURSDAY, MARCH 7, 1968
3095
sessed under this section shall be paid into the treasury of the State of Georgia.
Section 13. No partnerships or corporation shall have the right to engage in the business of plumbing contracting, installation or repairing (as defined in Section 2 of this Act), unless there is regularly connected with such partnership or corporation a person or persons actually en gaged in the performance of said business, who holds a certificate of qualification issued to him as provided for in this Act.
Section 14. Requirements for Journeyman's License. Within six months after the effective date of this Act, all individuals, desiring to qualify as a journeyman plumber, shall make application to stand the examination herein provided for, or within the same period, shall furnish satisfactory evidence to said Board that such individual has successfully and efficiently engaged in said vocation for a period of at least six months. Any individual so qualifying shall pay to said Board the fee prescribed for applicants for examinations for qualification. The decision of the Board as to the qualifications of applicants taking the required examinations shall in the absence of fraud be conclusive. All individuals desiring to engage in said vocation after the expiration of six months after the effective date of this Act, shall qualify under this Act before engaging in said vocation. No person shall have the right to engage in the business of plumbing contracting, installing or repairing (as defined in Section 2 of this Act) in the State of Georgia unless such person holds a certification of qualification, issued to him as provided for in this
Act.
Section 15. Any person, firm, or corporation violating any provi sions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars or imprisonment in the county jail for a period of not more than ninety (90) days, or both, and if the violation of this Act consists of the engaging in said vocation or business without first obtaining the required certificate, each day the offender shall continue in business without said certificate shall consti tute a new offense. In addition said Board shall have power and authority to cite the offender to appear before it and said offender shall be subject to have his or its certificate suspended or revoked in the discretion of the Board, where the violation does not consist of the conduct of said business or vocation without a certificate.
Section 16. Said Board shall also have power and authority to hear and determine all complaints respecting the installation and/or repair covered by this Act, filed with said Board by any interested party after first giving the person against whom the complaint is filed at least five (5) days written notice of the time and place of hearing, together with a copy of the complaint filed against said person. If, upon the hear ing the Board deems such complaint meritorious, said Board may, in its discretion, suspend or revoke the certificate of the person against whom the complaint is filed or may allow such person a reasonable time in which to meet and correct the complaint of the objecting party. All sus pensions of certificates may be for such periods of time as said Board in its discretion may determine. All certificates revoked by the Board may in the discretion of the Board, be reinstated at any time thereafter
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upon good cause shown. The right to file complaints shall extend to any member of said Board and to any person the Board may employ to in vestigate the work of all individuals, firms, and corporations coming within the terms of this Act. To that end, said Board is hereby author ized and empowered to employ any qualified person or persons from time to time it may see fit to make such investigation and to report to and testify before the Board concerning same, paying said investigator from the fees of said Board for such services, if any remuneration is con tracted in writing therefor. The right to file complaints shall be cumula tive to any other remedy now or hereafter provided by law and neither the decision of the Board nor any of its documents, records or transcribed or documentary evidence shall ever be used by any party to any suit or law in equity or in any of the courts of this State.
Section 17. Said Board shall also publish annually a list of names and addresses of all individuals holding certificates of qualification under this Act, and shall mail a copy of said list to all qualified individuals who make application for same.
Section 18. If any clause, sentence or paragraph, or part of this Act shall for any reason be held by any court of competent jurisdiction to be invalid, said judgment shall not affect, impair or invalidate the re mainder of this Act, but shall be confined in its operation to the clause, paragraph or part directly involved in controversy in which said judg ment was rendered.
Section 19. This Act shall take effect sixty (60) days from the date of its approval.
Section 20. Provided further, that the provisions of this Act shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission.
Section 21. The provisions of this Act shall not apply to any individual owner or lessee performing plumbing or related services upon residential property, where owned or leased by him.
Section 22. No provision of this Act shall be construed as prohibit ing or preventing a municipality or county from fixing, charging, as sessing or collecting any license fee, registration fee, tax or gross receipt tax on any related business or on anyone engaged in any related business governed by the provisions of this Act.
Section 23. Notwithstanding any provision of this Act to the con trary any person may engage in plumbing contracting, installation or repairing within any municipality or county, provided he meets the licensing qualifications required by such municipality or county; pro vided, however, that any person who holds a certificate of qualification issued to him under the provisions of this Act may engage in the business of plumbing contracting, installation or repairing throughout the State of Georgia, and no municipality or county may require such
person to comply with any additional licensing requirements imposed by such municipality or county, except as provided in Section 22.
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3097
Section 24. All laws and parts of laws in conflict with this Act are hereby repealed.
The following Senate amendments to the Senate substitute were read:
Senator Holloway of the 12th moves to amend the Senate sub stitute to HB 557 by amending Section 7, page 4, line 7, by substitut ing the word "eight" for the word "seven"; and by amending Section 10 by deleting the last sentence and period from the second sentence and adding: ", Payable to the State of Georgia."
Senator Johnson of the 42nd moves to amend the Senate sub stitute to HB 557 by adding at the end of Section 21 the following: "Nor shall this Act apply to plumbing or related services performed by plumbers employed by any institution, manufacturer, or business to render such services with respect to its installation and mainten ance operations."
Senator Johnson of the 42nd moves to amend the Senate substi tute to HB 557 by renumbering Section 24 as Section 25 and adding a new Section 24 to read as follows: "Section 24. It is not the inten tion of this Act to authorize the promulgation of any plumbing code or other rules or regulations governing the art or techniques of plumbing."
Mr. Busbee of the 79th moved that the House agree to the Senate substitute, as amended by the Senate.
On the motion to agree, the ayes were 149, nays 0.
The Senate substitute, as amended by the Senate, to HB 557 was agreed to.
HB 1354. By Messrs. Matthews of the 94th, Lowrey of the 13th and others: A Bill to be entitled an Act to be known as the "Georgia Agricultural Commodities Sales Promotion Act"; and for other purposes.
The following Senate amendments were read:
The Agriculture and Natural Resources Committee of the Senate moves to amend HB 1354 as follows:
By striking Section 17 in its entirety and inserting in lieu thereof a new Section 17 to read as follows:
"If, after advertising and sales promotion have been required as provided herein, pursuant to a referendum as hereinabove provided,
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JOURNAL OF THE HOUSE,
ten (10%) percent of the contributing members of such commodity commission shall petition the commodity commission or the Commis sioner so to do, the Commissioner or the commodity commission shall hold a referendum for the purpose of determining whether such requirements as to advertising and sales promotion shall be ter minated. The ballot for said referendum and the form thereof shall be determined and furnished by the commodity commission. If upon such referendum, which referendum shall be conducted in like man ner as provided in Section 8, above, fifty-one (51%) percent of the contributing members voting and returning their ballots shall vote to terminate said advertising and sales promotion requirements then the same shall be terminated. No referendum as herein provided may be conducted during the regular marketing season for such com modity nor during a period of sixty (60) days prior thereto or thirty (30) days subsequent thereto."
Senator McGill of the 24th moves to amend HB 1354, as follows:
By inserting between the words "products" and "livestock", as they appear in subsection (b) of Section 2, the word "registered".
By striking from subsection (c) of Section 2 the following:
"as herein defined. For the purposes of this Chapter, a livestock producer shall be any producer who is the owner of at least five head of any particular type livestock."
By striking from subsection (j) of Section 2 the following:
"auction,".
Mr. Matthews of the 94th moved that the House agree to the Senate amend ments.
On the motion, the ayes were 153, nays 0.
The Senate amendments to HB 1354 were agreed to.
Under the general order of business established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:
SB 199. By Senators Smith of the 18th, Broun of the 46th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend the "Georgia Administrative Procedure Act", as amended, so as to place the Board of Corrections and
THURSDAY, MARCH 7, 1968
3099
its penal institutions under the provisions of said Act; 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 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 227. By Senators Hall of the 52nd, Broun of the 46th, Young of the 13th and Plunkett of the 30th:
A resolution providing for the Teacher of the Year Book; and for other purposes.
The following Substitute, offered by Messrs. Smith of the 64th, Barber of the 24th, Dickinson of the 27th, Parker of the 68th, Mauldin of the 18th, Parker of the 55th and Moore of the 20th was read and adopted:
Providing for the Teacher Hall of Fame; and for other purposes.
WHEREAS, the State of Georgia is blessed with some of the most outstanding and dedicated teachers in the entire country; and
WHEREAS, the members of this noble profession have made many notable contributions to this State and have assisted immeasurably in bringing Georgia to its position as the leading state in the Southeast; and
WHEREAS, these moulders of the minds of our young boys and girls are often overlooked and are given scant recognition in relation to their unselfish efforts in educating our children; and
WHEREAS, WSB-TV, in conjunction with the Georgia Education Association and the Georgia Teachers and Education Association, is establishing and financing a program to honor the Teacher of the Year, which is a most worthwhile and long overdue project; and
WHEREAS, school children who are regularly escorted through the State Capitol would be inspired by this recognition of the teaching profession; and
WHEREAS, it is fitting and proper that the State of Georgia give recognition to this endeavor by providing for a Teacher Hall of Fame.
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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby lends its support and backing to a program to honor the Teacher of the Year, and the Secretary of State, with the advice and consent of the President of the Senate and the Speaker of the House of Representatives, is hereby authorized to designate a suitable room or other place in the State Capitol building as the Teacher Hall of Fame.
BE IT FURTHER RESOLVED that the Secretary of State is here by authorized to provide for recognition of the teacher selected in the aforesaid program in a tangible form in the Teacher Hall of Fame.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to the Secretary of State, to the President of the Senate, to the Speaker of the House of Representatives, to the General Manager of WSB-TV, to the President of the Georgia Education Association and to the President of the Geor gia Teachers and Education Association.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the ayes were 109, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
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 353. By Senators Johnson of the 42nd, Minish of the 48th, Sells of the 37th and others:
A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to clarify what costs may be capitalized as costs of a rapid transit system or project; to repeal conflicting laws; and for other purposes.
Mr. Dickinson of the 27th moved that SB 353 and all amendments thereto be tabled.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Bennett Black
Blalock Bowen Branch
Cato Collins, J. F. Colwell
Cooper, B. Crowe, William
Davis Dickinson Dorminy
Fallin Fleming
Funk Gunter Hargrett Harrington Henderson Hill Howard
THURSDAY, MARCH 7, 1968
3101
Hutchinson Kirksey Lane, W. J. Leggett Leonard
Magoon Matthews, D. R.
Mauldin Maxwell McDaniell Mixon Nessmith
Parrish Potts
Rush Russell Savage Scarlett Sherman Smith, G. W. Smith, V. T. Stalnaker Threadgill Turner
Wamble Ward Whaley Wilson, J. M.
Those voting in the negative were Messrs.:
Adams Alexander Anderson Barber
Battle Berry, C. E. Berry, J. K. Bostick Brantley, H. L.
Bray Brown, B. D.
Brown, C. Buck
Busbee Carnes
Gates Clarke Cole Collins, M. Conner Cook Cooper, J. R. Cox Crowe, W. J. Daugherty Dean Dillon Douglas Edwards Egan Farmer
Farrar Gary Gay Gaynor Grahl
Graves Grier Hale Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison
Holder Hood
Howell Jenkins Johnson, A. S.
Joiner Jones, C. M.
Jones, M. Jordan, W. H. Kaylor Knapp Laite Lane, Dick
Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lowrey Malone
Mason Matthews, C. McClatchey McCracken Merritt
Miller Moore, Don C.
Moore, J. H. Nash Newton Northcutt
Oglesby Otwell Palmer Paris Parker, C. A. Peterson Phillips
Poss Ragland
Reaves Richardson Roach Ross Shuman Sims Smith, J. R. Smith, W. L. Snow Starnes Steis Sullivan Thompson, R. Townsend Tucker
Underwood Vaughan, D. N. Vaughn, C. R. Wells Wiggins Williams Winkles
Wood
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Those not voting were Messrs.:
Barfield Bond Brantley, H. H. Caldwell Chandler Cheeks Dailey DeLong Dent Dixon Dodson Dollar Doster Floyd Gignilliat Hadaway
Hall Higginbotham Johnson, B. Jordan, G. Lambert Lambros Land Melton Moate Moreland Mullinax Murphy Nimmer Odom Pafford
Parker, H. W. Pickard Rainey Rowland Shanahan Shields Simmons Sweat Thompson, A. W. Tye Walling Ware Westlake Wilson, R. W. Mr. Speaker
On the motion, the ayes were 51, nays 108.
The motion was lost.
The following Committee amendment was read:
House Judiciary Committee moves to amend SB 353 as follows:
1. By adding to the (caption) of said Bill following the words "so as to clarify what costs may be capitalized as costs of a rapid transit system or project," the words:
"to add the Governor of Georgia, the Lieutenant-Governor and the Speaker of the House of Representatives as ex officio members of the Authority and to provide for their effect on quorum and voting requirements."
2. By adding to Section 2 of said Bill the following provisions:
Said Act is further amended by adding at the end of subsection (a) of Section 6 the following:
"In addition to the regular members of the board of directors the Governor of the State of Georgia, the Lieutenant-Governor of the State of Georgia, and the Speaker of the House of Representa tives of said State, as they may from time to time be elected, shall, during their respective terms in office, serve as ex officio members of the board, entitled to vote on any matter which may come before the board. The ex officio members of the board shall not be eligible to be officers of the board and shall not be counted for purposes of determining whether or not a quorum exists under the provi-
THURSDAY, MARCH 7, 1968
3103
sions of subsection (h) of Section 6 unless any such ex officio members shall in fact be present, and shall not be counted for pur poses of determining whether or not one more than a majority of the total membership has voted on any specific issue in accordance with subsection (i) of Section 6 unless any such ex officio member shall in fact vote on such issue."
Said Act is further amended by adding at the end of subsection (d) of Section 6 the following:
"The provisions of this subsection shall not apply to ex officio members of the board."
3. Section 18 of said Bill is amended by striking and deleting sub section (e) of Section 24 of said Act in its entirety and by striking subsections (f) and (g) of Section 24 and inserting in lieu thereof new subsections (f) and (g) of Section 24 which shall read as follows:
"(e) deleted"
" (f) Before a rapid transit contract such as is described in subsection (d) is executed between the Authority and a local gov ernment, the local governing body shall call an election for the submission to the qualified voters of such local government in a referendum as hereinafter provided, the question whether or not the local government should enter into a rapid transit contract or contracts calling for it to make periodic payments to the Authority within the particular monetary limitation or limitations proposed by such local governing body."
"(g) The procedure for holding the referendum called for in subsection (f) shall be as follows: There shall be published in a newspaper having general circulation throughout the territory of the local government involved, once each week for four weeks im mediately preceding the week during which the referendum is to be held, a notice to the electors thereof that on the day named therein an election will be held to determine the question whether or not the local government shall enter into a rapid transit contract or contracts calling for it to make periodic payments to the Au thority within the particular monetary limitation or limitations proposed by such governing body. Such special election shall be held at all the election districts within the territorial limits of the local government involved except that an election called by the local governing body of any county within the metropolitan area shall not be held in any part of such county which is within the territorial limits of the City of Atlanta if, with respect to the particular rapid transit project or projects to be supported by the proposed rapid transit contract of such county, said City is already a party to a rapid transit contract or the governing body of said City proposes to enter into a rapid transit contract subject to the approval thereof at a referendum. The question to be presented to the electorate of a local government shall be determined by the local governing body and it shall set out the monetary limitation or limitations, if any, proposed by the local governing body with respect to the amounts of the periodic payments to be made under any such rapid transit
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JOURNAL OP THE HOUSE,
contract or contracts. The question shall be published as a part of the aforesaid notice of election. Each such election called by the governing body of a county within the metropolitan area under the provisions of this subsection shall be governed by and held and conducted in accordance with the provisions of law from time to time governing the holding of elections to elect members to the General Assembly of this State, except that the date of holding of such election shall be determined by such governing authority. After the returns of such an election have been received, and the same have been canvassed and computed, the result shall be certi fied to the local governing body which called the election, in addi tion to any other person designated by law to receive the same, and such governing body shall officially declare the result thereof. Each election called by the governing body of the City of Atlanta under the provisions of this subsection shall be governed by and conducted in accordance with the provisions of law, including spe cifically the charter of said City, at the time governing the holding of elections by said City. The expense of any such election called by the governing body of the City of Atlanta shall be paid by the City of Atlanta."
An amendment to the Committee amendment, offered by Mr. Higginbotham of the 119th, was read and lost.
The Committee amendment was adopted.
Twenty-three amendments, offered by Mr. Turner of the 123rd, were read and lost.
Two amendments, offered by Mr. Leggett of the 21st, were read and lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Barber Battle Berry, C. E.
Berry, J. K. Blalock Bostick Bowen Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes
Gates Chandler Clarke
Cole Collins, J. F. Collins, M. Conner Cook Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Davis Dean Dent Dillon Douglas Edwards Egan Tallin Farmer Farrar Gary Gaynor Gignilliat Grahl Graves Grier Hadaway Hale Hamilton Harrington Harris, J. F.
THURSDAY, MARCH 7, 1968
3105
Harris, J. R. Harris, R. W. Harrison Higginbotham Hood Howell Hutchinson Jenkins Johnson, B. Jones, C. M. Jones, M. Jordan, G. Kaylor Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino
Lovell Lowrey Malone Mason Matthews, C. Mauldin McClatchey McCracken Merritt Miller Moore, J. H. Nash Northcutt Otwell
Palmer Paris Parker, C. A. Peterson Phillips Poss Ragland Reaves Richardson Roach Rowland Scarlett Shuman Sims Smith, W. L. Snow Starnes Steis Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wells Westlake Wiggins Williams Winkles Wood
Those voting in the negative were Messrs.:
Ballard Bennett Black Branch Cato Cheeks Colwell Cooper, B. Crowe, William DeLong Dickinson Dorminy Fleming Funk Gay Gunter Henderson
Hill Joiner Kirksey Laite Lane, Dick Lane, W. J. Leggett Leonard Magoon Matthews, D. R. Maxwell McDaniel Mixon Moore, Don C. Newton Parker, H. W. Parrish
Rainey Rush Russell Savage Sherman Simmons Smith, G. W. Smith, J. R. Stalnaker Threadgill Turner Wamble Ward Whaley Wilson, J. M.
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JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Barfield Bond Brantley, H. H. Dixon Dodson Dollar Doster Floyd
Hall Hargrett
Holder Howard
Johnson, A. S. Jordan, W. H. Knapp Land Melton Moate Moreland Mullinax
Murphy Nessmith
Nimmer Odom
Oglesby Pafford Pickard Potts Ross Shanahan Shields Smith, V. T.
Sweat Ware
Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 120, nays 49.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Turner of the 123rd served notice that at the proper time, he would ask the House to reconsider its action in giving the requisite constitutional majority to SB 353, as amended.
Mr. Howard of the 101st stated that he had been called from the floor of the House when the roll was called on SB 353, as amended, but had he been present would have voted "nay".
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:
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.
The President has appointed on the part of the Senate the following: Sena tors Webb of the llth, Shea of the 3rd, and Johnson of the 42nd.
THURSDAY, MARCH 7, 1968
3107
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 130. By Messrs. Dillon of the 128th, Steis of the 100th and others:
A Bill to be entitled an Act to provide for the defense of indigents; and for other purposes.
Mr. Dillon of the 128th moved that the House insist on its position in dis agreeing to the Senate substitute and that the Speaker appoint a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. Dillon of the 128th, Lee of the 79th and Douglas of the 60th.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 210. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend Code Section 74-111, so as to include dentists among those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT OF SENATE BILL NO. 210
Mr. President:
Mr. Speaker:
Your Conference Committee on Senate Bill No. 210 has met and submits the following report:
The Committee recommend that both the House and Senate recede from their positions and that Senate Bill No. 210 as it passed the Sen ate be adopted with the following changes:
(1) By inserting in the title between the word "dentists" and the word "among" the words "and podiatrists".
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JOURNAL OF THE HOUSE,
(2) By striking the quoted word "dentist", where it appears immediately preceding the words "so that when so amended" at the beginning of Section 1 and inserting in lieu thereof the follow ing, "dentist, podiatrist,".
(3) By inserting in subsection (a) of quoted Section 74-111 of Section 1 between the word "dentist" and the word "public" the word "podiatrist".
Respectfully submitted,
FOR THE SENATE:
Robert E. Lee, Jr. Maylon K. London of the 50th J. A. Minish of the 48th
FOR THE HOUSE:
Charlie L. Games of the 129th William J. Cox of the 127th Carl P. Savage, Sr. of the 58th
Mr. Carnes of the 129th moved that the House adopt the report of the Committee of Conference.
On the motion the ayes were 156, nays 0.
The report of the Committee of Conference on SB 210 was adopted.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following Bill of the House, to-wit:
HB 940. By Messrs. Murphy of the 26th, and McClatchey of the 138th:
A Bill to amend Code Title 13 known as the "Banking Law" of Georgia, so as to remove the provisions relating to private banks and bankers; to change the distance between the location of a bank office or bank facility and a parent bank; and for other purposes.
Mr. Busbee of the 79th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.
FRIDAY, MARCH 8, 1968
3109
Representative Hall, Atlanta, Georgia Friday, March 8, 1968
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 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 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, Friday, March 8, 1968, and submits the following:
SB 17. Government documents, Advisory Council. SB 30. Trial Judges and Solicitors' Retirement Fund.
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JOURNAL OF THE HOUSE,
SB 31. Superior Court Judges' Emeritus. SR 63. Fulton County, office of Solicitor-General change to District
Attorney. SR 76. All-State Bonding Co. cancel fi. fas. SB 100. Georgia Health Code, amend (Reconsidered). SR 110. Interim Committee, criminal records system. SR 149. Constitution, General Assembly submit a proposal. SB 154. Sporting and entertainment events. SR 183. Grants or scholarships. SB 225. Gaming devices, person guilty of felony. SB 231. Subpoenas, members General Assembly. SB 237. Alien students, State of Georgia may employ. SB 240. Firearms, discharged on Sunday. SR 245. Public Health Department, property. SB 250. Civil and criminal cases, change fees. SB 251. Governor, investigation of a sheriff. SB 252. Sheriffs' Retirement Fund, membership of Board. SB 270. Retirement System, Advisory Committee. SB 272. Municipalities, annexation by petition. SB 320. Motor vehicles, uninsured, insurer, liability. SB 322. General Assembly members, license plates. SB 329. Department of State Parks, Director's salary. SB 332. Widow, barred from dower, fails to apply. SB 360. Grand and Traverse jurors, method of selecting. SB 369. Prison made products, submit list. SB 393. Non-resident, personal jurisdiction. SB 408. North Georgia Mountains Commission, create. SB 409. North Georgia Mountains Authority, members. SB 413. Hospital Advisory Council, indigent care.
All Compensation Resolutions.
FRIDAY, MARCH 8, 1968
3111
All Local Contested Bills.
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, Chairman.
By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the committee:
HB 1660. By Messrs. Walling of the 118th and Farmer of the 29th:
A Bill to be entitled an Act to provide for the refund of sales tax paid on food and prescription drugs by persons having a net income of less than $4,000.00 per year; and for other purposes. Referred to the Committee on Ways and Means.
Mr. Murphy of the 26th, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 832. Do Pass. Respectfully Submitted, Murphy of the 26th, Chairman.
Mr. Vaughn of the 117th, Chairman of the Committee on Highways, sub mitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SR 251. Do Pass. Respectfully Submitted, Vaughn of the 117th, Chairman.
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JOURNAL OF THE HOUSE,
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 Bill and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 833. Do Pass.
HR 838. Do Pass.
SB 387. Do Pass.
Respectfully Submitted,
Harris of the 118th,
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 382. Do Pass. SB 394. Do Pass. SB 400. Do Pass. SB 401. Do Pass. SB 420. Do Pass. SB 248. Do Pass as Amended. SR 250. Do Pass. SB 183. Do Pass. SB 415. Do Pass. SR 261. 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:
FRIDAY, MARCH 8, 1968
3113
Mr. Speaker:
Your Committee on Motor Vehicles 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 recommendation:
SB 417. Do Pass.
Respectfully Submitted,
Williams of the 16th,
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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 870. Do Pass. Respectfully Submitted, Dorminy of the 72nd, Chairman.
Mr. Busbee of the 79th, Vice-Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lutions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 700. Do Pass. HR 770. Do Pass.
Respectfully Submitted, Busbee of the 79th, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 183. By Senator Conway of the 41st: A Bill to be entitled an Act to provide that it shall be unlawful to place political campaign posters, signs and advertisements anywhere within
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the territorial limits of DeKalb County except under certain circum stances; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 382. By Senator McGill of the 24th:
A Bill to be entitled an Act to create and incorporate the Town of Rayle in the County of Wilkes; to grant a charter to that municipality under that name and style; to prescribe and define the corporate limits there of; to provide a municipal government for said town; to declare the rights, powers, privileges and liabilities of said town; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 415. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 8, 1968
3115
SB 394. By Senator Rowan of the 8th:
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 Berrien, so as to change the number of commissioners; to provide for the numbering of positions on the board; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 400. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Nashville, so as to change the corporate limits of said city; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 401. By Senator London of the 501th: A Bill to be entitled an Act to abolish the office of Treasurer of White County; to provide that the Commissioners of Roads and Revenues of White County shall appoint depositories for county funds; to provide for procedures; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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SB 420. By Senator Minish of the 48th:
A Bill to be entitled an Act to abolish the present mode of compensating the solicitor general of the Piedmont Judicial Circuit, known as the fee system; to provide in lieu thereof an annual salary to provide that all fees, costs, and other emoluments shall become the property of the counties comprising said circuit; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 248. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing authori ties in certain municipalities; to change the terms of office and qualifi cations of the commissioners of housing authorities in certain munici palities; and for other purposes.
The following amendment was read and adopted:
Committee on Local Affairs moves to amend Senate Bill No. 248 as follows:
By inserting in the title between the words "so as" and the word "to" the following:
"to provide that the authorities created by said Act shall be known as a 'Housing and Redevelopment Authority* under certain circumstances;".
By renumbering Sections 1 and 2 as Sections 2 and 3, respectively, and by adding a new section to be designated Section 1 to read as follows:
"Section 1. An Act known as the 'Housing Authorities Law', approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, particularly by an Act approved February 12, 1943 (Ga. Laws 1943, p. 146), is hereby amended by striking in its entirety the first paragraph of Section 4 and substituting in lieu thereof a new para graph to read as follows:
FRIDAY, MARCH 8, 1968
3117
'In each city (as herein defined) and in each county of the State there is hereby created a public body corporate and politic to be known as the 'Housing Authority' of the city or county; provided, however, that where such Housing Authority has been designated by the local governing body to exercise its urban redevelopment project powers pursuant to the provisions of the Act known as the 'Urban Redevelopment Law', approved March 3, 1955 (Ga. Laws 1955, p. 354), as is now or may here after be amended, such authority shall be known as the 'Hous ing and Redevelopment Authority' of the city or county; pro vided further, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time hereafter that there is need for an authority to function in such city or county. The determination as to whether there is such need for an authority to function (a) may be made by the governing body upon the filing of a petition signed by 25 residents of the city or county, as the case may be, asserting that there is need for an authority to function in such city or county and requesting that the governing body so declare."
By striking in its entirety quoted Section 5A in renumbered Sec tion 2 and inserting in lieu thereof a new Section 5A to read as follows:
"Section 5A. In all municipalities of this state having a popu lation of 500,000 or more according to the 1960 United States de cennial census, or any future such census, the membership of the authorities of such municipalities shall consist of seven commis sioners.
The additional commissioners added by the provisions of this Section shall be appointed for initial terms of office of two and four years, respectively, commencing with the 1st day of January, 1969. Thereafter, successors to the initial commissioners added by the provisions of this Section shall be appointed for terms of four years and until their successors are duly appointed and qualified.
The commissioners of such authorities serving on the effective date of this Section shall continue to serve for the terms of office to which they were originally appointed. As their respective terms of office shall expire, their successors shall be appointed to serve for terms of office of four years.
In the event of resignation or death or incapacity of any com missioner before the expiration of his term, the vacancy for the unexpired term shall be filled by the remaining members of the board. If there is a tie vote on the selection of a commissioner for any unexpired term, the mayor of any such municipalities shall be entitled to vote in selecting a commissioner therefor. Except as provided herein, the provisions of Section 5 with respect to the appointment, terms of office, powers and authority of said com missioners shall remain in full force and effect."
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The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SR 250. By Senator Smith of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to create a special court in Houston County; 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 VI, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is authorized to provide for the crea tion within Houston County of a special court and to invest such court with such jurisdiction and powers as the General Assembly may provide. The General Assembly shall provide by law for the jurisdiction, personnel, practice and procedure within said court and for the manner and method of the correction of errors through appeals to higher courts and the granting of new trials. Said court may be established without regard to the provisions of this Para graph requiring uniformity of courts."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to create a special court in
NO ( ) Houston County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
FRIDAY, MARCH 8, 1968
3119
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, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Busbee Caldwell Carnes Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Cook Cooper, J. R. Cox Crowe, William Dailey Daugherty
Davis Dean DeLong Dent Dickinson Dillon Dodson Dorminy Doster Douglas Edwards Egan Tallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Holder Howard Howell Hutchinson
Jenkins Johnson Jones, C. M. 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. Mauldin Maxwell McClatchey McDaniell Merritt Mixon Moate Moore, Don C. Moore, J. H.
3120
Moreland Murphy Nash Nessmith Newton Northeutt Odom Oglesby Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Rainey Richardson Roach
JOURNAL OF THE HOUSE,
Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat
Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N.
Vaughn, C. R. Walling Wamble Ward Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Bray Brown, C. Gates Cato Conner Cooper, B. Crowe, W. J. Dixon Dollar Gignilliat Grier Hadaway Hale
Hall Harris, J. R. Hill Hood Johnson, B. Joiner Jordan, W. H. Matthews, D. R. McCracken Melton Miller Mullinax Nimmer
Otwell Paris Pickard Ragland Reaves Shields Smith, J. R. Thompson, A. W. Ware Wells Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 261. By Senator Smith of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create the Houston County Building Commission; to provide for the powers, au thority, limitations, funds, purposes and procedures connected with said Commission; to authorize the Commission to issue bonds and to
FRIDAY, MARCH 8, 1968
3121
provide a method and manner of such issuance and validation and ef fect thereof; to provide for submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section VI, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:
"1. Houston County Building Commission Created. There is hereby created a public body corporate and politic to be known as the Houston County Building Commission, hereinafter sometimes designated as the Commission, which shall be an instrumentality and a public corporation of the State of Georgia, the name of which, however may be changed in the future by act of the General As sembly and the purpose of which shall be to acquire, construct, and equip self-liquidating projects including buildings and facilities for use by the cities of Centerville, Perry and Warner Robins and Hous ton County for their government proprietary, and administrative functions and said cities and Houston County are hereby granted the right and power by proper resolution of the appropriate govern ment body to sell or lease to said Commission lands and buildings owned by them.
"2. Membership. The Commission shall consist of seven mem bers to be composed as hereinafter provided. The chairman of the governing authority of Houston County shall ex officio be a mem ber of the Commission. The mayor of the City of Centerville shall ex officio be a member of the Commission. The mayor of the City of Perry shall ex officio be a member of the Commission. The mayor of the City of Warner Robins shall ex officio be a member of the Commission. The additional three members of the Commis sion shall be appointed by the governing authority of Houston County. Such members shall be residents of Houston County and shall serve for terms of office of four years and until their succes sors are duly elected and qualified. However, the initial appoint ments shall be made in such a manner that one member appointed by the governing authority of Houston County shall serve for an initial term of office of four years, and the additional two members shall serve for an initial term of office of two years. Any vacancy on the Commission other than the ex officio members shall be filled for the unexpired term by the body which had elected the member whose term had become vacant. Immediately after their election the members of the Commission shall enter upon their duties. The Com mission shall elect one of its members as Chairman, and one as Vice Chairman, and shall also elect a Secretary and a Treasurer, or a Secretary-Treasurer, who need not necessarily hold membership on the Commission. Three members of the Commission shall constitute a quorum, and no vacancy on the Commission shall impair the right of the quorum to exercise all the rights and perform all the duties of the Commission, and in every instance a majority vote of a quorum shall authorize any legal act of the Commission, including all things necessary to authorize and issue revenue bonds. The mem bers of the Commission shall receive no compensation for their
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services but may be reimbursed by the Commission for their actual expenses properly incurred in the performance of their duties. The Commission shall make rules and regulations for its own govern ment and shall have perpetual existence. In the event the number of members of the Commission, or the number required to constitute a quorum, or the qualifications or compensation of the members of the Commission or the manner in which the members of the Commission shall be elected shall ever become the subject of change, the same may be accomplished by act of the General Assembly.
"3. Definitions. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
"(a) The word 'Commission' shall mean Houston County Building Commission, created hereby.
"(b) The word 'project' shall mean and include real and per sonal property acquired or held by the Commission for one or a combination of two or more of the following undertakings: build ings and facilities intended for use as courthouse, city hall, jail, police department, fire department, administrative offices, govern mental offices, proprietary and utility offices, all buildings and facilities of every kind and character determined by the Commission to be desirable for the efficient operation of any department, board, office, commission, or agency of the hereinbefore mentioned cities and Houston County in the performance of their governmental, proprietary, and administrative functions.
" (c) The term 'cost of project' shall embrace the cost of lands, buildings, improvements, machinery, equipment, property, ease ments, rights, franchises, material, labor, services acquired or con tracted for, plans and specifications, financing charges, construc tion costs, interest prior to and during construction, architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses, expenses incident to determining the feasibility or prac ticability of the project, expenses incident to the acquiring, con structing, equipping, and operating of any project or any part thereof and to the placing of the same in operation and to the con demnation of any property incident to such construction and operation.
"(d) The term 'revenue bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as amended, codified in Ga. Code Ann., Ch. 87-8, and under the provisions of this amendment. The obligations authorized hereby may be issued by the Commission in the manner authorized under said Revenue Bond Law.
"4. Powers. The Commission shall have all the powers neces sary or convenient to carry out and effectuate the purposes and pro visions of this amendment, including, but without limiting the gen erality of the foregoing, the power:
"(a) to sue and be sued;
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"(b) to adopt and alter a corporate seal;
"(c) to make and execute with public and private persons and corporations, contracts, leases, rental agreements, and other instru ments relating to its projects and incident to the exercise of the powers of the Commission including contracts for constructing, renting and leasing of its projects for the use of the hereinbefore mentioned cities and Houston County or either of them; and with out limiting the generality of the foregoing, authority is specifically granted to the said cities and county to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the Commission for a term not exceeding thirty years, and said cities and Houston County may enter into lease contracts and relating agreements for the use of any structure, building, or facility or a combination of two or more structures, buildings, or facilities of the Commission for a term not exceeding thirty years upon a majority vote of their governing bodies and may obligate themselves to pay an agreed sum for the use of such property so leased and also obligate themselves as a part of the undertaking to pay the cost of maintaining, repairing, and operating the property furnished by and leased from the Commission; provided, however, that when the sums agreed to be paid under the provisions of such lease contracts or related agreements are pledged or assigned to secure the payment of revenue bonds issued hereunder, then the contracting parties shall be authorized to make the term of such contract or agreements for a period not to exceed thirty years or until all of such bonds, as to both principal and interest, are fully paid, and provided, further, that under any such lease contract or related agreement, the lessees or tenants shall have the right to sub let to public or private persons or corporations any portion of the leased or rented premises not needed for the purposes of the lessees or tenants.
"(d) to acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condem nation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property necessary or conveni ent for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Commission; provided, how ever, that the Commission shall be under no obligation to accept and pay for any property condemned as provided herein except from the fund provided herein, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Commission and to the owners of the property to be condemned and no property shall be acquired as provided herein upon which any lien or other encum brance exists unless at the time such property is so acquired a suf ficient sum of money shall be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
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(e) to improve, extend, add to, reconstruct, renovate, or re model any project or part thereof already acquired;
"(f) to pledge or assign any revenues, income, rent, charges, and fees received by the Commission;
"(g) to appoint and elect agents, engineers, architects, attor neys, fiscal agents, accountants, and employees and to provide for their compensation and duties;
"(h) to construct, reconstruct, acquire, own, alter, repair, re model, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the Commission and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the Commission or from any contributions, loans, or grants by persons, firms, or corporations, including the United States of America, and any other contribution, all of which the Commission is hereby authorized to receive, accept, and use;
"(i) to accept, receive, and administer gifts, grants, loans, and devises of money, material, and property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
"(j) to borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
"(k) to exercise all powers usually possessed by private corpo rations performing similar functions, which are not in conflict with the Constitution and laws of this State; and
"(1) pursuant to proper resolution of the Commission to issue revenue bonds payable from the rents and revenues of the Commis sion and its projects to provide funds for carrying out the purposes of the Commission, which bonds may be issued in either fully nego tiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in non-negotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the Commission may provide, for the purpose of paying all or any part of the cost of any project, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such project, or for the purpose of refunding, as herein provided, any such bonds of the Commission theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Chp. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance
FRIDAY, MARCH 8, 1968
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with the Signatures on Public Securities Act, I Ga. L. 1958, p. 689, codified in Ga. Code Ann., Section 87-119, and, as security for the payment of any revenue bonds so authorized, any rents and revenues of the Commission may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental pur pose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia.
"5. Credit not pledged and debt not created by bonds. Revenue bonds issued under the provisions hereof shall not constitute a debt or a pledge of the faith and credit of the State of Georgia, the Cities of Warner Robins, Perry, and Centerville, or Houston County, but such bonds shall be payable from the rentals, revenues, earnings, and funds of the Commission as provided in the resolution and trust agreement or indenture authorizing the issuance and securing the payment of such bonds, and the issuance of such bonds shall not directly, indirectly, or contingently obligate the State or said city or county to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver of trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of said cities or county, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the fore going provisions of this Section. However, said county and munici palities may obligate itself to pay the amounts required under any contract entered into with the Commission from funds received from taxes to be levied and collected for that purpose to the extent neces sary to pay the obligations contractually incurred under this Sec tion, and from any other source, and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Art. VII, Section VII, Paragraph I; and when such obli gation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in amount sufficient to fulfill and fully comply with the terms of such obligation.
"6. Trust Agreement. In the discretion of the Commission any issue of revenue bonds may be secured by a trust agreement or indenture made by the Commission with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agree ment or indenture may pledge and assign rents, fees, charges, reve nues, and earnings to be received by the Commission. The resolution providing for the issuance of revenue bonds and such trust agree ments or indenture may contain provisions for protecting and en forcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or reve nues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds in the issue, all costs of collection, and all other costs
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reasonably necessary to accomplish the collection of such sums in the event of any default of the Commission. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the Commission in relation to the acquisition of prop erty for and construction of the project and to the custody, safe guarding-, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Commission may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.
"7. Refunding bonds. The Commission is hereby authorized to provide by resolution for the issuance of revenue bonds of the Com mission for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstand ing, and to include in the amount of such refunding bonds all inter est and any call premiums that may be required for the redemption and refunding of such outstanding bonds.
"8. Venue of actions, Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any action against the Commission brought in the courts of the State of Georgia, shall be brought in the Superior Court of Houston County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions.
"9. Revenue bond validation. All bonds of the Commission shall be confirmed and validated in the Superior Court of Houston County in accordance with the procedure of the Revenue Bond Law of Geor gia, Ga. L. 1937, p .761, as amended, codified in Ga. Code Ann., Ch. 87-8. The petition for validation shall be brought against said Com mission and any municipality, county, and such other contracting party pledged as security for the payment of the revenue bonds sought to be validated, as defendants, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof shall not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudi cation of the validity and binding effect of such contract or con tracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the Clerk of the Superior Court of Houston County in which court such validation proceedings shall be initiated. Any resident of the State of Georgia may intervene in the validation proceeding by filing an action or proceeding for such purpose prior to the entry of the judgment of the court validating such bonds and may assert any ground of objection to the validity and binding effect
FRIDAY, MARCH 8, 1968
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of such bonds and the security therefor and of such contract or con tracts and resolution and trust agreement on his own behalf and on behalf of all citizens and residents of the State of Georgia. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolution, trust instru ment or contracts shall be asserted nor shall the validity and binding effect of such bonds, resolution, trust instrument or contracts be opened to question or attack in any court upon any ground whatever, except in an action or proceeding commenced and filed prior to the entry of the decree validating such bonds, and if no exception is filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, or if filed and the judg ment shall be affirmed by the proper appellate court of this State, such decree shall be final and no appeal may be taken therefrom and shall be forever conclusive upon the issue of the validity of such contracts and bonds and the security therefor and of such resolution and trust agreement against the Commission issuing the same and against the parties to such contracts and against all residents of the State of Georgia.
"10. Interest of bondholders protected. While any of the bonds issued by the Commission remain outstanding, the powers, duties, or existence of said Commission or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which will compete with the Commission so as to affect adversely the interest and rights of the holders of such bonds nor will the State itself so compete with the Commission. The provisions hereof shall be for the benefit of the Commission and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
"11. Revenues, earnings, rents, and charges; Use. "(a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Commission with revenue bonds, the Commission is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other reve nue, if any, of such project or projects or of said Commission:
"(i) to pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extra ordinary repairs and other reserves required by the resolution of trust agreement or indenture pertaining to such bonds and the
issuance thereof unless such cost shall be otherwise provided for;
" (ii) to pay the principal of and interest on such revenue bonds as the same shall become due, including premium, if any, the pro ceeds of which shall have been or will be used to pay the cost of such project or projects;
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" (iii) to comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds;
"(iv) to perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged;
"(v) to accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the require ments of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds;
"(vi) to pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees.
" (b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the com mencement of rental payments to the Commission prior to the com pletion of the undertaking by the Commission of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable;
"(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including com plete reconstruction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction;
"(d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Commission from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the Commission by reason of injury or damages to persons or property occurring on or by reason of the leased premises;
"(e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the Commission may enforce performance by any legal or equitable process against the tenants, or lessees;
"(f) The Commission shall be permitted to assign any rental payable to it pursuant to such rental contract or lease to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of the security for such bonds;
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"(g) The use and disposition of the Commission's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, secur ing the same.
"12. Sinking fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the Commission regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the Commission to payment of the principal of and interest on revenue bonds of the Commis sion as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provi sion may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the reso lution authorizing the issuance of the bonds or in the trust instru ment securing the payment of the same.
"13. Exemption from taxation. The exercise of the powers con ferred upon the Commission hereunder shall constitute an essential governmental function for a public purpose, and the Commission shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and mainte nance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such prop erty or buildings or other income received by the Commission.
"14. Immunity from tort actions. The Commission shall have the same immunity and exemption from liability for torts and negli gence as the State of Georgia, and the officers, agents, and em ployees of the Commission, when in performance of work of the Commission, shall have the same immunity and exemption from lia bility for torts and negligence as the officers, agents, and employees of the State of Georgia. The Commission may be sued the same as private corporations may be sued on any contractural obligation of the Commission.
"15. Property not subject to levy and sale. The property of the Commission shall not be subject to levy and sale under legal process.
"16. Trust funds. All funds received pursuant to the authority hereof, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held
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and applied solely as provided herein, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolu tion or trust instrument of the Commission.
"17. Construction. This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, notwith standing any other provision of this Constitution to the contrary, and this amendment and any law enacted with reference to the Commission shall be liberally construed for the accomplishment of its purposes.
"18. Effective Date. This amendment shall be effective immedi ately upon proclamation oi its ratification by the Governor.
"19. General Assembly. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Com mission. The Commission shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the terri tory embrace within the corporate limits of Houston County, as the same nor or may hereafter exist.
"20. Conveyance of Property upon dissolution. Should said Com mission for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Commission at the time of such dissolution shall be conveyed to Houston County or to the Cities of Warner Robins, Perry or Centerville in such manner that the interest conveyed to each shall be that part of the whole which the amount of rent paid on such property by such grantee shall bear to the whole amount of rent paid on such property or in such manner or as may be agreed upon by said cities and Houston County, or title to any such property may be conveyed prior to such dissolution in accordance with pro visions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Houston County Building Commission and to provide
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3131
for the powers, authority, limitations, funds, purposes, NO ( ) and procedures connected therewith and to authorize
the Commission to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secre tary of State to ascertain the result and certify the result to the Gover nor 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, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Busbee Caldwell Games Chandler Cheeks
Clarke Cole Collins, J. F. Collins, M. Colwell Cook Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dodson Dorminy Doster Douglas Edwards Egan Fallin Farmer
Farrar Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Jones, C. M.
3132
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. Mauldin Maxwell McClatchey McDaniell Merritt Mixon Moate
JOURNAL OP THE HOUSE,
Moore, Don C. Moore, J. H. Moreland Murphy Nash Nessmith Newton Northcutt Odom Oglesby Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Rainey Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman
Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Bray Brown, C. Gates Cato Conner Cooper, B. Crowe, W. J. Dixon Dollar Gignilliat Grier Hadaway Hale
Hall Harris, J. R. Hill Hood Johnson, B. Joiner Jordan, W. H. Matthews, D. R. McCracken Melton Miller Mullinax Nimmer
Otwell Paris Pickard Ragland Reaves Shields Smith, J. R. Thompson, A. W. Ware Wells Westlake Wigging Mr. Speaker
On the adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity was adopted.
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3133
Mr. Turner of the 123rd arose to a point of personal privilege and addressed the House.
Mr. Turner of the 123rd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:
SB 353. By Senators Johnson of the 42nd, Minish of the 48th, Sells of the 37th and others:
A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to clarify what costs may be capitalized as costs of a rapid transit system or project; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Anderson Ballard Bennett Branch Cato Chandler Cheeks Cole Collins, J. F. Cooper, B. Davis DeLong Dent Dickinson Dorminy Doster Douglas Fallin Fleming Funk Gay
Hargrett Harrington Harris, J. F. Henderson Higginbotham Howard Jenkins Johnson, A. S. Kirksey Lane, Dick Leonard Lewis Matthews, D. R. Mauldin McDaniell Merritt Mixon Moore, J. H. Murphy Northcutt Paris
Parker, C. A. Parrish Potts Rainey Rush Russell Savage Scarlett Smith, G. W. Thompson, A. W. Thompson, R. Turner Undewood Vaughan, D. N. Wamble Westlake Whaley Williams Wilson, J. M.
Those voting in the negative were Messrs.
Adams Alexander Barber Berry, J. K. Black Blalock
Bond Bray Brown, C. Buck Carnes Collins, M.
Cook Cox Crowe, William Crowe, W. J. Dailey Daugherty
3134
Dillon Dollar Egan Gary Gaynor Graves Grier Hale Hall Hamilton Harris, J. R. Harris, R. W. Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. Lambros
JOURNAL OF THE HOUSE,
Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lowrey Malone Matthews, C. Maxwell McCIatchey McCracken Moate Mullinax Newton Palmer Parker, H. W. Peterson Phillips
Reaves Richardson Ross Shanahan Sherman Shields Smith, W. L. Stalnaker Starnes Steis Townsend Tucker Tye Vaughn, C. R. Walling Wilson, R. W. Winkles
Those not voting were Messrs.:
Barfield Battle Berry, C. E. Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Busbee Caldwell
Gates Clarke Colwell Conner Cooper, J. R. Dean Dixon Dodson Edwards Farmer Farrar Floyd Gignilliat Grahl Gunter
Hadaway Harrison Hill Holder Hood Howell Johnson, B. Jordan, W. H. Kaylor Knapp Laite Lambert Land Lane, W. J. Leggett Magoon Mason Melton Miller Moore, Don C. Moreland Nash Nessmith Nimmer Odom
Oglesby Otwell Pafford Pickard Poss Ragland Roach Rowland Shuman Simmons Sims Smith, J. R. Smith V. T. Snow Sullivan Sweat Threadgill Ward Ware Wells Wiggins Wood Mr. Speaker
On the motion, the ayes were 61, nays 71.
The motion was lost, and the House failed to reconsider its action.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
FRIDAY, MARCH 8, 1968
3135
HB 1628. By Mr. Moate of the 39th:
A Bill to be entitled an Act to reincorporate the City of Sparta in the County of Hancock; to create a new charter for said city; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Governments moves to amend House Bill No. 1628, as follows:
By striking from subsection (g) of Section 1.03 the word "twenty", and substituting in lieu thereof the word "fifty".
Mr. Moate of the 39th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1628 was greed to.
Mr. Richardson of the 116th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:
SB 410. By Senators Shea of the 3rd and Gardner of the 1st:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and organize Commissioners of Chatham County, who shall be ex officio Judges, to define their jurisdiction and duties, and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Berry, J. K. Branch Cooper, B. Dollar Harris, R. W. Howard Jenkins Jones, M.
Knapp Longino Mauldin Maxwell Nessmith Potts Reaves Richardson
Savage Sherman Steis Thompson, R. Wamble Wilson, R. W.
3136
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Adams Alexander Anderson Barber Battle Bennett Black Blalock Bo stick Brantley, H. H. Bray Brown, C. Carnes Cato Cheeks Cole Collins, J. F. Collins, M. Cook Crowe, William Crowe, W. J. Dailey Daugherty Dent Dickinson Dillon Egan Fallin
Funk Gaynor Graves Grier Hale Hall Harris, J. F. Harris, J. R. Harrison Hood Hutchinson Johnson, B. Joiner Jones, C. M. Kaylor Kirksey Lane, Dick Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Magoon Matthews, C. Matthews, D. R. McClatchey Merritt
Moore, J. H. Murphy Newton Northcutt Paris Parker, C. A. Parrish Pickard Rowland Rush Scarlett Shanahan Simmons Smith, W. L. Starnes Sweat Thompson, A. W. Townsend Tucker Turner Tye Underwood
Ward Wells Whaley Williams Winkles
Those not voting were Messrs.:
Ballard Barfield Berry, C. E. Bond Bowen Brantley, H. L. Brown, B. D. Buck Busbee Caldwell Gates Chandler Clarke Colwell Conner Cooper, J. R. Cox Da vis Dean DeLong Dixon Dodson
Dorminy Doster Douglas Edwards Farmer Farrar Fleming Floyd Gary Gay Gignilliat Grahl Gunter Hadaway Hamilton Hargrett Harrington Henderson Higginbotham Hill Holder Howell
Johnson, A. S. Jordan, G. Jordan, W. H. Laite Lambert Lambros Land Lane, W. J. Lee, W. J. (Bill) Leggett Malone Mason McCracken McDaniell Melton Miller Mixon Moate Moore, Don C. Moreland Mullinax Nash
Nimmer Odom Oglesby Otwell Pafford Palmer Parker, H. W. Peterson Phillips Poss Ragland Rainey
FRIDAY, MARCH 8, 1968
Roach Ross Russell Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Snow Stalnaker Sullivan
3137
Threadgill Vaughan, D. N. Vaughn, C. R. Walling Ware Westlake Wiggins Wilson, J. M. Wood Mr. Speaker
On the motion, the ayes were 22, nays 83.
The motion was lost, and the House failed to reconsider its action.
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 408. By Senator London of the 50th:
A Bill to be entitled an Act to create the North Georgia Mountains Com mission as a commission and agency of the State Government; and for other purposes.
The following amendment was read and adopted:
Mr. Lovell of the 6th moves to amend Senate Bill No. 408 as follows:
By striking the first paragraph of Section 4 in its entirety and substituting in lieu thereof a new paragraph to read as follows:
"The Commission shall consist of nine members to be appointed by the Governor as hereinafter provided. Six members shall be chosen with due consideration for area-wide representation from the North Georgia mountains area as a whole; provided, however, that three of the first such members shall be the three members of the North Georgia Mountains Commission created by the Act approved April 9, 1963 (Ga. Laws 1963, p. 357), as amended, who were ap pointed from the North Georgia mountains area as a whole in accordance with the provisions of Section 4 of said Act. The mem bers who shall be the three members of the previously existing North Georgia Mountains Commission, as aforesaid, shall be ap pointed by the Governor for initial terms of one, two and three
3138
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years, as designated by the Governor, and the remaining three mem bers from the North Georgia mountains area as a whole shall be appointed for initial terms of four, five and six years, as designated by the Governor. Three members shall be chosen from the State at large; provided, however, that two of the first such members shall be the two members of the North Georgia Mountains Commission created by the Act approved April 9, 1963 (Ga. Laws 1963, p. 357), as amended, who were appointed from the State at large in accord ance with the provisions of Section 4 of said Act. The members who shall be the two members of the previously existing North Georgia Mountains Commission, as aforesaid, and the remaining member from the State at large shall be appointed for initial terms of one year. Thereafter, all succeeding members shall be appointed for terms of six years and until their successors are appointed and qualified. Any member who is absent from four consecutive regu larly scheduled meetings of the Commission may be removed from office at the discretion of the Governor."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 409. By Senator London of the 50th:
A Bill to be entitled an Act to create the North Georgia Mountains Authority as an instrumentality to the Senate; to define certain terms connected therewith; to repeal conflicting laws; and for other purposes.
The following amendments were read and adopted:
The Committee on Local Affairs moves to amend SB 409 as follows:
By adding to the eleventh paragraph of Section 6(b), ending on page 12 of the Bill, the following sentence.
"Any exemption from taxation herein provided shall not include exemption from sales and use taxes."
Lovell of the 6th moves to amend Senate Bill No. 409 as follows:
By striking the first paragraph of Section 3 in its entirety and substituting in lieu thereof a new paragraph to read as follows:
FRIDAY, MARCH 8, 1968
3139
"The Authority shall consist of nine members to be appointed by the Governor as hereinafter provided. Six members shall be chosen with due consideration for area-wide representation from the North Georgia mountains area as a whole; provided, however, that three of the first such members shall be the three members of the North Georgia Mountains Commission created by the Act ap proved April 9, 1963 (Ga. Laws 1963, p. 357), as amended, who were appointed from the North Georgia mountains area as a whole in accordance with the provisions of Section 4 of said Act. The mem bers who shall be the three members of the previously existing North Georgia Mountains Commission, as aforesaid, shall be appointed by the Governor for initial terms of one, two and three years, as designated by the Governor, and the remaining three members from the North Georgia mountains area as a whole shall be appointed for initial terms of four, five and six years, as designated by the Gov ernor. Three members shall be chosen from the State at large; pro vided, however, that two of the first such members shall be the two members of the North Georgia Mountains Commission created by the Act approved April 9, 1963 (Ga. Laws 1963, p. 357), as amended, who were appointed from the State at large in accordance with the provisions of Section 4 of said Act. The members who shall be the two members of the previously existing North Georgia Mountains Commission, as aforesaid, and the remaining member from the State at large shall be appointed for initial terms of one year. Thereafter, all succeeding members shall be appointed for terms of six years and until their successors are appointed and qualified. Any member who is absent from four consecutive regularly scheduled meetings of the Commission may be removed from office at the discretion of the Governor."
By striking the word "Commission" where is appears at the end of the fourth paragraph of Section 3 and inserting in lieu thereof the word "Authority".
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.:
Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock
Bond Bostick Branch Brantley, H, L. Bray Brown, C. Buck Caldwell Carnes
Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Cook Cooper, B.
3140
Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dodson Dollar Dorminy Doster Douglas Edwards Fallin Farrar Funk Gary Gay Gaynor Graves Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner
JOURNAL OF THE HOUSE,
Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Longino Lovell Lowrey Magoon M alone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nessmith Newton Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W.
Parrish Peterson
Phillips Pickard
Poss Potts Reaves Richardson
Roach Ross Rowland Rush Russell Savage Scarlett Sherman Simmons
Sims Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan
Sweat Thompson, A. W. Tucker Turner
Tye Underwood
Wamble Ward Ware
Wells Whaley Williams
Wilson, R. W. Wood
Those voting in the negative were Messrs.
Adams Bennett
Dillon Lane, Dick
Those not voting were Messrs.:
Barfield Bo wen Brantley, H. H. Brown, B. D. Busbee Clarke
Colwell Conner Davis DeLong Dixon Egan
Lee, W. S.
Farmer Fleming Floyd Gignilliat Grahl Grier
Hadaway Hale Henderson Higginbotham Hood Jones, C. M. Jordan, W. H. Laite Leggett Mason McCracken McDaniell
FRIDAY, MARCH 8, 1968
Melton Moreland Nash Nimmer Odom Oglesby Ragland Rainey Shanahan Shields Shuman Smith, G. W.
3141
Smith, J. R. Thompson, R. Threadgill Townsend Vaughan, D. N. Vaughn, C. R. Walling Westlake Wiggins Wilson, J. M. Winkles Mr. Speaker
On the passage of the Bill, as amended, the ayes were 146, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 413. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend Code Section 88-2201, relating to the Hospital Advisory Council, so as to delete from said Section the reference to Indigent Care; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 251. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide the procedure to be followed in the event the Governor orders an investigation of presentments or charges against a sheriff; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide the procedure to be followed in the event the Governor orders an investigation of charges against a sheriff;
3142
JOURNAL OF THE HOUSE,
to provide for a committee to conduct such investigation; to provide for the composition of any such committee; to provide for reports; to pro vide for costs; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Whenever the Governor determines that an investigation of any charges against the sheriff of this State should be made, he shall appoint two sheriffs who are members of the Georgia Sheriffs' Associa tion who, along with the Attorney General, shall constitute a committee to conduct the investigation. Such sheriffs may be from any other two counties in the State. Such committee shall make a report of its investigation to the Governor within thirty days from the date of the appointment of both sheriffs by the Governor. In the event the Governor determines that further investigation should be made, he may then order additional investigation by the above committee or the Georgia Bureau of Investigation or by other law enforcement agencies of this State.
Section 2. Any member of the committee shall be authorized to administer oaths to any witness before the commiteee.
Section 3. The members of any such committee shall receive no compensation for their services, but shall be reimbursed for any ex penses incurred in connection with such investigation. The funds nec essary to conduct any such investigation shall come from the funds appropriated to the executive branch of the government.
Section 4. The remedy provided by this Act is intended to be cumulative of other remedies available on the subject and not to repeal the same.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 252. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act providing a Sheriffs' Re tirement Fund of Georgia, so as to clarify the membership of the admin-
FRIDAY, MARCH 8, 1968
3143
trative Board of said Fund; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
The Committee on State of Republic moves to amend SB 252 as follows:
By striking from Section 4 the following:
"The State Auditor shall also have the right to audit the af fairs of said Board and he shall also make an audit of the affairs of said Board at any time when requested by a majority of the members of said Board.", (which appears twice),
and inserting in lieu thereof the following:
"The State Auditor shall also have the right to audit the af fairs of said Board and he may also make an audit of the affairs of said Board at any time when requested by a majority of the members of said Board."
By striking the period (.) at the end of the second sentence in quoted Section 10, found in Section 5 of said bill, and inserting in lieu thereof the following:
"; provided, however, this shall not be construed to repeal any existing priorities established by the laws of Georgia."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 250. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 24-2823, so as to change fees provided for in civil and criminal cases; and for other purposes.
The following Committee substitute was read and adopted:
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A BILL
To be entitled an Act to amend Code Section 24-2823, relating to the
enumeration of fees for sheriffs, as amended, particularly by an Act
approved March 3, 1955 (Ga. Laws 1955, p. 383), so as to change fees provided for in civil and criminal cases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 24-2823, relating to the enumeration of
fees for sheriffs, as amended, particularly by an Act approved March 3, 1955 (Ga. Laws 1955, p. 383), is hereby amended by striking the following:
"Civil Cases
Serving copy of a process and returning original per copy_$ 5.00 Suit from another county, to be paid in advance __.____ 5.00 Summoning each witness ...._____.___._____.____ 1.00 Summoning jury and attending trial to assess damage for
right of way ,,_______.._..__.____________ 5.00 Service in every case before a jury ____________._ 2.00 Each levy of fieri facias _.._..._._.._._____--.___.__-- 5.00 Search and return of nulla bona _____-__._______ 3.00 Serving summons of garnishment, or rule against
garnishee _..__.____~_~________________ 5.00 If more than one, for each additional copy __________ 2.00 Summoning jury, case of nuisance, each juror ___...___ 1.00 Each juror in any county court ___________-_____- 1.00 Each juror for the superior court or city court ._____---- 1.00
Commissions on sales of property, on sums of $50 or less, 5 percent. On excess above $50 up to $550, 2% percent.
For all sums exceeding $550, on excess, 1*4 percent. No commissions shall be charged unless property is actually sold.
Making out and executing titles to land _._._._.________ 5.00 If presented by purchaser __________~_____--__ 2.50 Executing bill of sale to personal property, when demanded
by purchaser _____________-------------------------- 3.00
FRIDAY, MARCH 8, 1968
3145
Forthcoming bonds _________________________ 4.00 Serving process against tenant holding over, or intruder
upon land to dispossess them ______________.._ 4.00 For dispossessing tenant or intruder _____________ 9.00 Taking and returning counter-affidavit when summary
process to dispossess tenant or intruder is resisted __ 4.00 Settling each execution in his hands, settled without sale _ 4.00 Settling execution from justice's court __________.-- 3.00 Keeping horse or mule per day _.________________ 1.00 Each head of cattle, per day .___________________ .50 Each head of sheep, hogs, or goats per day _________ .50 Levying an attachment ____________________ 4.00 Following property out of county with attachment, for
every mile going and returning .____________... .12% Attending, superior or city courts, per day ._.________ 10.00 Courts of ordinary, per day ___________________ 5.00 At elections as required by law, each day ___________ 10.00 Collecting tax fi. fa's. $100 or less, each __________- 1.00 Collecting tax fi. fa's, over $100, each ________.____ 3.00"
and inserting in lieu thereof the following:
"Civil Cases
Serving copy of process and returning original, per copy _$ 7.50 Suit from another county, to be paid in advance ___._..._ 7.50 Summoning each witness -__________________-_ 2.00 Each levy of fieri facias __-_______.._______._._.__ 7.50 Search and return of nulla bona _.__-__._------__~__ 5.00 Serving summons of garnishment, or rule against garnishee 5.00 If more than one, for each additional copy .__________ 2.00
Commissions on sales of property, on sums of $50 or less, 5 percent. On excess above $50 up to $550, 2% percent.
For all sums exceeding $550, on excess, 1% percent. No commissions shall be charged unless property is actually sold.
Making out and executing titles to land ._------------------- 7.50
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JOURNAL OF THE HOUSE,
If presented by purchaser ___......_.._____._.._______------___ 5.00
Executing bill of sale to personal property, when demanded by purchaser ___________-________--.----___________________ ____________ 5.00
Forthcoming bonds __________________________________- 5.00
Serving process against tenant holding over, or intruder upon land to dispossess them ___________--_------___ --_-_ 5.00
For dispossessing tenant or intruder ________,,______.___________ 10.00
Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted _--_ 5.00
Settling each execution in his hands, settled without sale____ 5.00 Settling execution from justice's court _________________ ______ 5.00
Levying an attachment ______________________________..._..._____--_.._._ 7.50
Following property out of county with attachment, for every mile going and returning --______.__..__._.__._. .12%
Attending, superior or city courts, per day _________________________ 15.00
Courts of ordinary, per day _.,,____.----__________________________ 7.50 At elections as required by law, each day ________________________________ 15.00
Collecting tax fi. fa's. $100 or less, each ______________________.... 1.50 Collecting tax fi. fa's, over $100, each ____________________________________ 3.00"
Section 2. Code Section 24-2823 is further amended by striking the following:
"Criminal Cases
Removing prisoner when habeas corpus is sought for his relief _____________________________________________________,,______._______.________.___$ 5.00
Removing prisoners under habeas corpus when no milage is paid, per day ______________________.____:_____:______...___.______ 5.00
Personal services rendered out of the county on official business authorized by the county authorities, per day and actual expenses _____________________________________________ 10.00
Attending person taken by warrant to judge's chamber for each time ___________________-___.__-__--________--___--___--_-------_ 2.50
Conducting prisoner before judge or court to and from jail__ 2.00
Executing and returning a bench warrant _.__.____ 6.00
Apprehending a person suspected, if committed or held to bail ______..__._,,---_-_-_---_-_-_-_-----_-_-- 6.00
Each person, not exceeding two, who may be employed to guard prisoner to and from jail, per day ________--_----__ 2.50
Summoning each witness _,._______.____________^_______________-___,____---_.,, 1.00
FRIDAY, MARCH 8, 1968
3147
Taking bonds in criminal cases ________--______________________ 4.00
Executing a criminal _______________________________________________ 10.00 Executing a warrant of escape ___________-_,,,,,,,,,,____________ 4.00
Services in every criminal case before a judge or a judge and jury _________________________________________________________________ 3.00
Mileage fees, fees for executing criminals and for guard, fees for subpoening witnesses for the State as hereinbefore provided, shall be paid by the county; and no criminal cost herein provided for shall be collectible out of the defendant until after conviction, except costs accruing upon forfeited recognizances.
For turning key on receiving prisoners in county jail ________ 1.00 For discharging prisoners ______________________________________________________ 1.00"
and inserting in lieu thereof the following:
"Criminal Cases
Removing prisoner when habeas corpus is sought for his relief _______________________________________________________________ 7.50
Removing prisoners under habeas corpus when no mileage is paid, per day ___________________________________________ 7.50
Attending person taken by warrant to judge's chamber, for each time _________________________________________________________ 2.00
Conducting prisoner before judge or court to and from jail.. 2.00
Executing and returning a bench warrant __________,,_______ 8.00
Apprehending a person suspected, if committed or held to bail ______________________________,,___________________________ 8.00
Summoning each witness ______.____,,_--___.___________. 2.00
Taking bonds in criminal cases _-------___.__----_______________ 6.00
Executing a warrant of escape ______--_______--___________________ 5.00
Services in every criminal case before a judge or a judge and j ury _____________________________________________________________________________ 5.00"
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
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JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Adams Ballard Barber Battle Bennett Berry, C. E. Black Blalock Bond Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis
Dean
Dent Dickinson
Dillon
Dixon
Dodson
Dollar
Dorminy
Doster
Douglas
Edwards
Egan
Fallin
Farrar
Floyd Funk
Gay Gaynor
Graves
Gunter Hall Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Holder Hood Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Lovell Lowrey Magoon
Malone
Mason Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McDaniell
Melton
Miller
Mixon
Moate
Moore, Don C.
Moore, J. H.
Mullinax
Murphy
Nessmith
Northcutt
Oglesby
Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Shanahan Sherman Shuman Simmons Sims Smith, V. T. Smith, W. L. Stalnaker Starnes Sullivan Sweat Thompson, R.
Townsend
Tucker
Turner
Tye
Underwood
Vaughan, D. N.
Vaughn, C. R.
Walling
Wamble
Ward
Ware
Wells
Westlake
Williams
Wilson, R. W.
Winkles
Wood
FRIDAY, MARCH 8, 1968
3149
Those voting in the negative were Messrs.:
Alexander Berry, J. K.
Gary Thompson, A. W.
Whaley
Those not voting were Messrs.:
Anderson Barfield Bowen Brown, B. D. Busbee Colwell Cook Cooper, B. Daugherty DeLong Farmer Fleming Gignilliat Grahl Grier Hadaway
Hale Hamilton Harris, J. F. Henderson Higginbotham Hill Howard Howell Jordan, W. H. Laite Lambert Longino McCracken Merritt Morel and Nash
Newton Nimmer Odom Rainey Scarlett Shields Smith, G. W. Smith, J. R. Snow Steis Threadgill Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 154, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 393. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act providing for personal jurisdiction over any non-resident, or his executor or administrator, as to a cause of action arising from the transaction of business within this state; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "An Act to provide for personal jurisdiction over any non-resident, or his executor or administrator as to a cause of action arising from the transaction of business within this State, or the commission of a tortious act within this State, or owning, using or possessing real property situated within this State; to provide for the effect of the appearance; to provide for service of process in all such cases; to repeal conflicting laws; and for other purposes.", approved March 10, 1966 (Ga. Laws 1966, p. 343), so
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JOURNAL OF THE HOUSE,
as to provide for venue of claims or causes of action arising under said Act; to define the term "non-resident"; to provide for severability; to disclaim prior intent; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act entitled "An Act to provide for personal juris diction over any non-resident, or his executor or administrator, as to a cause of action arising from the transaction of business within this State, or the commission of a tortious act within this State, or owning, using or possessing real property situated within this State; to provide for the effect of the appearance; to provide for service of process in all such cases; to repeal conflicting laws; and for other purposes.", approved March 10, 1966 (Ga. Laws 1966, p. 343), is hereby amended by striking in its entirety Section 4, and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. The venue of claims or causes of action arising under the provisions of this Act shall lie in any county wherein the business was transacted, the act occurred, or the real property is located."
Section 2. Said Act is further amended by inserting between Sec tions 4 and 5 three new sections to be known as Sections 4A, 4B and 4C to read as follows:
"Section 4A. As used in this Act 'non-resident' includes an individual, or partnership, association or other legal or commer cial entity (other than a corporation) not residing, domiciled, organized or existing in this State at the time a claim or cause of action under Section 1 of this Act arises, or a corporation which is not organized or existing under the laws of this State and is not authorized to do or transact business in this State at the time a claim or cause of action under Section 1 of this Act arises.
"Section 4B. The definition of 'non-resident' in Section 4A of this Act shall not be construed as expressing the intention of the General Assembly of Georgia as to the meaning of 'non-resident' as used in Section 1 of this Act prior to the effective date of Section 4A of this Act.
"Section 4C. 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 in valid 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 unconstitu tional."
FRIDAY, MARCH 8, 1968
3151
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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1440. By Messrs. Snow, Hale and Crowe of the 1st and Ware of the 2nd: A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe, so as to provide for staggered terms of office for the mayor and aldermen; and for other purposes.
The following Senate amendment was read:
County and Municipal Governments Committee moves to amend HB 1440 by striking in line five (5) of new Section 5. under Section 1 the word "immediately" and inserting in lieu thereof the .words "on January 1st" so that said line after amended will read, to wit:
"office on January 1st after said election for"
Mr. Snow of the 1st moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1440 was agreed to.
Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the Senate were taken Up for consideration and read the third time:
SB 240. By Senator Minish of the 48th: A Bill to be entitled an Act to amend Code Section 26-6907 relating to the discharging of guns or pistols on Sunday, so as to provide that guns and
3152
JOURNAL OF THE HOUSE,
pistols may be discharged on Sunday under certain circumstances; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams
Alexander Anderson Ballard
Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond
Bostick Bowen Branch Brantley, H. H.
Brantley, H. L. Bray
Brown, C. Buck
Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Cook Cooper, J. K.
Cox
Crowe, William Crowe, W. J. Dailey
Daugherty Davis Dean Dent
Dickinson Dillon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Funk Gary
Gay Gaynor Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, R. W. Harrison Higginbotham Holder Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner
Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambros Land
Lane, Dick
Lane, W. J. Lee, W. J. (Bill)
Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nessmith Newton Northcutt Oglesby
Otwell Pafford
Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Poss
Potts Ragland
Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons
FRIDAY, MARCH 8, 1968
Sims Smith, V. T. Smith, W. L. Starnes Thompson, A. W. Thompson, R. Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R.
3153
Walling Wamble Ward Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Grier
Harris, J. F.
Pickard
Those not voting were Messrs.:
Barfield Brown, B. D. Clarke Colwell Conner Cooper, B. DeLong Dixon Farmer Farrar Fleming Floyd Gignilliat Grahl Hale
Harris, J. R. Henderson Hill Hood Howell Jordan, W. H. Lambert Lee, W. S. Levitas Mason Matthews, C. Matthews, D. R. Moreland Nash Nimmer
Odom Peterson Rainey Ross Smith, G. W. Smith, J. R. Snow Stalnaker Steis Sullivan Sweat Threadgill Ware Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 157, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
SR 149. By Senator Smith of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the submission of a proposal by the General Assembly for a new Constitution; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
3154
JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution is hereby amended by striking the first two sentences of Paragraph 1 of Section 1 of Article XIII and inserting in lieu thereof new sentences to read as follows:
"Paragraph 1. Proposals to amend the Constitution; new Con stitution; submission to people. Amendments to this Constitution or a new Constitution may be proposed by the General Assembly or by a constitutional convention. The proposal by the General Assem bly to amend this Constitution or for a new Constitution shall originate as a resolution in either the Senate or the House of Rep resentatives and, if approved by two-thirds of the members elected to each branch of the General Assembly in a roll call vote, such proposal shall be entered on the Journals of each branch with the 'Ayes' and 'Nays' taken thereon. Any proposal to amend this Con stitution or for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members elected to each branch of the General Assmbly in a roll call vote entered on their respective Journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.
The Governor shall cause such proposed amendment or such pro posed new Constitution to be published in full once each week for three weeks immediately preceding the date of the election at which such proposed amendment or proposed new Constitution is submitted, in one newspaper of general circulation in each Congressional district of the State. Such proposed amendment or such proposed new Constitution shall be submitted to the people of the entire State at the next general election at which members of the General Assembly are elected, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or such proposed new Constitution shall become the Constitution of this State, as the case may be.
The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, but this shall not apply to a proposal for a new Constitution.
Section 2. The Constitution is hereby amended by striking Para graph III of Article XIII of Section 1, and inserting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. Veto not permitted. The Governor shall not have the right to veto any proposal by the General Assembly to amend the Constitution or for a new Constitution."
Section 3. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to
FRIDAY, MARCH 8, 1968
3155
each of the two branches of the General Assembly, and the same has been entered on their journals with the 'Ayes' and 'Nayes' taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of
Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the submission of a proposal by the General Assembly
NO ( ) for a new Constitution?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against
ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the submission of a proposal by the General Assembly for a new Constitu tion; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
The Constitution is hereby amended by striking Paragraphs I and III of Article XIII, Section I and inserting in lieu thereof new Para graphs I and III, to read as follows:
"Paragraph I. Proposals to amend the Constitution; new Con stitution; submission to people. A new Constitution or amendments to this Constitution may be proposed by the General Assembly or by a constitutional convention. The proposal by the General Assem bly to provide for a new Constitution or to amend this Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members elect ed to each branch of the General Assembly in a roll call vote, such proposal shall be entered on the Journals of each branch with the 'Ayes' and 'Nays' taken thereon. Any proposal to amend this Con-
3156
JOURNAL OF THE HOUSE,
stitution or any proposal for a new Constitution may be amended or
repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members elected to
each branch of the General Assembly in a roll call vote entered on their respective Journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.
"The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall determine what political sub division or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, it shall be pub lished, as provided by law, in full, once each week for three consecu tive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each Congressional District of the State. If such proposed amendment is not general, it shall be published, as provided by law, in full, once each week for three consecutive weeks immediately preceding the date of the election at which such pro
posed amendment is to be submitted, in one newspaper of general
circulation in each county in which the directly affected political
subdivision or subdivisions are located. In the event no such news paper is located in such county, a newspaper in an adjoining county shall be used. A proposal for a new Constitution shall be published in the same manner as proposed general amendments.
"Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amend ment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general shall be submitted at the next general election which is held in the even-numbered years, but shall only be submitted to the people of the political subdivision or subdivisions directly af fected. The votes of the electors in each political subdivision af
fected shall be counted separately in determining whether such
proposed amendment is ratified, and it must be ratified by a ma
jority of the electors qualifed to vote for members of the General
Assembly voting thereon in each such political subdivision before it
shall become a part of this Constitution. The General Assembly, in
the resolution, shall state the language to be used in submitting
the proposed amendment or proposal for a new Constitution. When
more than one amendment is submitted at the same time, they shall
be so submitted as to enable the electors to vote on each amend
ment separately, but this shall not apply to a proposal for a new
Constitution.
"Paragraph III. Veto not permitted. The Governor shall not have the right to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution."
FRIDAY, MARCH 8, 1968
3157
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that the General Assembly may submit for ratification proposals to provide for a new Constitution as well as
NO ( ) to submit proposed amendments to the Constitution and to provide that such proposals may not be vetoed by the Governor?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rat ifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock
Bond Brantley, H. H. Brantley, H. L. Bray Brown, C. Busbee Caldwell Games Gates Cato Chandler
Cheeks Cole Collins, J. F. Collins, M. Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey
3158
Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hale Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M.
JOURNAL OF THE HOUSE,
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 Leonard Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parrish
Phillips Pickard Poss Potts Eainey Reaves Richardson Roach Ross Rowland
Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Sullivan Sweat Thompson, A. W. Thompson, R. Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Barfield Bostick Bowen Branch Brown, B. D. Buck
Clarke Colwell Conner Doster Gignilliat Hadaway
Hamilton Hood Howell Laite Levitas Longino
McClatchey Melton Nimmer Odom Oglesby Parker, H. W.
FRIDAY, MARCH 8, 1968
Peterson Ragland Shields Smith, J. R. Stalnaker Steis
3159
Threadgill Townsend Wamble Wiggins Winkles Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 169, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
SB 237. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to prohibit the State of Georgia or any department thereof or any political sub division thereof from employing in any agency of the State of Georgia or any of its departments or political subdivisions any alien except where there is no qualified American citizen available"; to repeal all conflicting laws; and for other purposes.
The following amendment was read and adopted:
The Committee on State of Republic moves to amend SB 237 as follows:
By adding at the end of Section 1 the following:
"(d) The prohibitions of Subsection (a) shall not apply to the employment of aliens licensed under Section 2 of an Act, relating to the licensing of aliens to practice medicine or pharmacy, approved March 23, 1939 (Ga. Laws 1939, p. 319), as amended."
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 Ballard
Barber Battle Bennett
Berry, J. K. Black Blalock
3160
Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole, Collins, J. P. Collins, M. Colwell Cook Cooper, B. Cooper, J. B. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy
Douglas Egan Fallin
Farmer Fleming
Floyd Funk
Gary
Gay Gaynor Graves
Grier Hadaway
Hale Hargrett
Harrington
JOURNAL OF THE HOUSE,
Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson 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 Lewis Lovell
Lowrey
Magoon
Malone
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McCracken
McDaniell
Merritt
Miller
Mixon
Moate
Moore, Don C.
Moore, J. H.
Mullinax
Nessmith
Newton Northcutt Otwell Pafford Palmer Paris Parker, C. A. Peterson Phillips Pickard Potts Rainey Reaves Richardson Roach
Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Sullivan Sweat
Townsend
Tucker
Turner
Tye
Underwood
Vaughan, D. N.
Vaughn, C. R.
Walling
Wamble
Ward
Ware
Wells
Whaley
Williams
Wilson, J. M.
Wilson, R. W.
Wood
Voting in the negative was Mr. Alexander.
FRIDAY, MARCH 8, 1968
Those not voting were Messrs.:
Barfield Berry, C. E. Bowen Branch Brown, B. D. Buck
Conner Davis Doster Edwards Farrar Gignilliat Grahl Gunter
Hall Hamilton Hood Levitas Longino Mason
McClatchey Melton Moreland Murphy Nash Nimmer Odom Oglesby
3161
Parker, H. W. Parrish Poss Ragland Shields Smith, J. R. Steis Thompson, A. W. Thompson, R. Threadgill Westlake Wiggins Winkles Mr. Speaker
On the passage of the Bill, as amended, the ayes were 162, nays 1.
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 passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 1333. By Mr. Matthews of the 94th:
A Bill to amend Code Chapter 42-2, so as to eliminate inspection fees for concentrated commercial feeding stuffs; to eliminate the reporting of tonnage of concentrated commercial feeding stuffs for tax purposes; and for other purposes.
HB 1425. By Mr. Tucker of the 36th:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Henry County, so as to provide for the election of commissioners by the qualified voters of the entire county; and for other purposes.
HB 1426. By Mr. Tucker of the 36th:
A Bill to create a Board of Commissioners of Roads and Revenues for Henry County; to provide for commissioner districts; and for other purposes.
3162
JOURNAL OF THE HOUSE,
HB 1427. By Mr. Tucker of the 36th:
A Bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee basis of compensation; and for other purposes.
HB 1474. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, Cooper of the 103rd and others:
A Bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to increase the jurisdiction of said court; to increase the authority and duties of the clerk of said court; and for other purposes.
HB 1497. By Mr. Tucker of the 36th:
A Bill to amend an Act to consolidate, amend, and codify the various Acts incorporating the Town of McDonough, now the City of McDonough, so as to authorize the governing authority to sell, lease or dispose of public recreational facilities; and for other purposes.
HB 1571. By Mr. Dean of the 20th:
A Bill to require the board of commissioners of roads and revenues of Polk County, to conduct an annual audit of finances, financial records and books of Polk County; and for other purposes.
HB 1573. By Mr. Dean of the 20th:
A Bill to amend an Act creating a Board of Commissioners of Eoads and Revenues in and for the County of Polk, so as to authorize the Board to employ and fix the compensation of additional employees for other county offices under certain conditions; and for other purposes.
HB 1574. By Mr. Dean of the 20th:
A Bill to provide that in certain counties the governing authorities thereof shall adopt a uniform central accounting and bookkeeping system; and for other purposes.
HB 1590. By Mr. Mason of the 22nd:
A Bill to amend the Act of the General Assembly of Georgia, so as to redefine the City Limits of the City of Lawrenceville, in the County of Gwinnett; and for other purposes.
HB 1591. By Mr. Kirksey of the 87th:
A Bill to amend an Act creating a new charter for the Town of Iron City in the County of Seminole, so as to change the date for electing the mayor and aldermen; and for other purposes.
FRIDAY, MARCH 8, 1968
3163
HB 1594. By Mr. Wamble of the 90th:
A Bill to amend an Act establishing the City Court of Cairo in Grady County, so as to provide for fixing and publishing the salaries of the judge, solicitor and clerk of said court; and for other purposes.
HB 1595. By Mr. Wamble of the 90th:
A Bill to amend an Act abolishing the mode of compensating the sheriff of Grady County, so as to change the salary schedule of the chief deputy and the clerk; and for other purposes.
HB 1599. By Mr. Moore of the 12th:
A Bill to amend an Act establishing the City Court of Stephens County, so as to provide that the salary of the Judge of the City Court shall be $3,600.00 per annum; and for other purposes.
HB 1601. By Mr. Kirksey of the 87th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to change from the warrant sys tem to the check system; and for other purposes.
HB 1613. By Messrs. Dean and Moore of the 20th:
A Bill to reincorporate the City of Rockmart in the County of Polk; to create a new charter for said city; and for other purposes.
HB 1614. By Messrs. Maxwell and Fleming of the 106th, Sherman and DeLong of the 105th, Cheeks and Dent of the 104th:
A Bill to amend an Act regulating public instructions in the County of Richmond so as to change the method of filling vacancies on the board of education; and for other purposes.
HB 1619. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd and Wilson of the 102nd.
A Bill to repeal an Act incorporating Machinery City in the County of Cobb; and for other purposes.
HB 1641. By Mr. Mixon of the 81st:
A Bill to consolidate the offices of Tax Receiver and Tax Collector of Irwin County into the single office of Tax Commissioner of Irwin County; and for other purposes.
3164
JOURNAL OF THE HOUSE,
HB 1647. By Messrs. Matthews and Farmer of the 29th:
A Bill to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to provide for the time of holding the annual municipal election; to provide any person who holds a municipal elective office may not hold any other public elective office at the same time; and for other purposes.
HB 797. By Messrs. Cato of the 89th and Steis of the 110th:
A Bill to amend Code Section 8-109 relating to affidavits for attachment, necessity for and before whom the same may be made, so as to change the parties before whom an affidavit may be made; and for other purposes.
HB 877. By Messrs. Bennett of the 95th, Sullivan of the 95th and Cox of the 127th:
A Bill to restore the right of suffrage and the right of citizenship to Albert J. Schroer, Jr., and for other purposes.
HB 910. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to amend Code Section 92-5702, relating to the meaning of "fair market value", so as to define the meaning of "fair market value", and amend Code Section 92-5703 relating to the levy of ad valorem taxes, so as to provide that all property, subject to taxation shall be taxed according to 40% of its fair market value; and for other purposes.
HB 948. By Messrs. Palmer and Malone of the 117th:
A Bill to amend Code Section 58-210, relating to the seizure, destruction and disposition of certain raw materials and substances used in the un lawful manufacture of alcoholic beverages, so as to declare as contra band certain fixtures, implements and apparatuses used in the manu facture of alcoholic beverages; and for other purposes.
HB 970. By Mr. Clarke of the 45th:
A Bill to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the estab lishment of a joint municipal retirement system, so as to define the terms "vesting", "vested right", and "vested benefit"; and for other purposes.
HB 1031. By Messrs. Egan of the 141st, Steis of the 100th, Dodson of the 107th and Scarlett of the 85th:
A Bill to amend Code Chapter 113-14, relating to inventories, appraise ments and returns of the property of deceased persons, so as to provide
FRIDAY, MARCH 8, 1968
3165
that the property of a deceased need not be appraised under certain circumstances; and for other purposes.
HB 1042. By Messrs. Harris of the 85th and Harris of the 118th:
A Bill to provide for testamentary additions to trusts, to set forth the conditions under which bequests or devises to trusts shall be valid and the manner in which the property so devised or bequeathed shall be administered; and for other purposes.
HB 1074. By Messrs. Dollar and Cato of the 89th, Cox of the 127th, Jordan of the 78th and others:
A Bill to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to change the classification of anhydrous ammonia from the category of a highly flammable substance to the proper class ification of hazardous substance; and for other purposes.
HB 1103. By Messrs. Wilson of the 109th, Clarke of the 45th, Peterson of the 59th, Otwell of the 10th 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 allotment of teachers; and for other purposes.
HB 1156. By Messrs. Sherman of the 105th, and Maxwell of the 106th:
A Bill to amend an Act known as "The Georgia Public Assistance Act of 1965", so as to provide that acceptance of public assistance payments after a certain date shall constitute a debt of the recipient; and for other purposes.
HB 1327. By Messrs. Howard and McDaniell of the 101st:
A Bill to amend Code Section 47-102, relating to senatorial districts, so as to include the Mt. Harmony (1900) militia district (Cobb County) within the 32nd Senatorial District; and for other purposes.
HB 1375. By Mr. Barber of the 24th:
A Bill to provide that no person shall enter into any contract or make any purchase which involves the aggregate sum of one hundred ($100.00) dollars or more for or on the behalf of students of any school or institu tion supported in whole or in part from public funds unless such person complies with the rules and regulations prescribed by the supervisor of purchases for making purchases for State agencies; and for other purposes.
3166
JOURNAL OF THE HOUSE,
HB 1237. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to comprehensively and exhaustively revise, supersede and con solidate the laws relating to the State Board of Corrections, and to prisons, public works camps and prisoners, so as to provide for a com prehensive, uniform method for the filing and disposition of detainers; to provide a method for prison inmates to demand trial upon pending indictments, accusations or informations, and for other purposes.
HB 1015. By Messrs. Caldwell of the 51st and McCracken of the 43th:
A Bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to allow the inclusion of interest when computing retirement allowances; and for other purposes.
HB 1377. By Messrs. Williams, Cooper and Wood of the 16th:
A Bill to amend an Act known as the "Lake Lanier Islands Development Authority", so as to define the words "Act" and "Islands" to authorize the Lake Lanier Islands Development Authority to acquire and dispose of real and personal property; to authorize said Authority to charge and collect fares and rentals; and for other purposes.
HB 1478. By Mr. Wamble of the 90th:
A Bill to impose upon motor carriers a tax for the privilege of using the streets and highways of this State; to define for purposes of this Act "Commissioner", "Motor Carrier", "Motor Fuel", and "Operations"; to provide that the tax shall be equivalent to the then current motor fuel tax per gallon calculated on the amount of motor fuel used by such motor carrier in its operations on the streets and highways of this State; and for other purposes.
HB 1479. By Messrs. Barfield of the 95th, Johnson of the 40th, Harris of the 14th and others: A Bill to provide for the establishment of standards of construction for manufactured homes; and for other purposes.
HB 864. By Messrs. Henderson of the 102nd and Nessmith of the 64th: A Bill to amend Code Section 88-1305 relating to the Radiation Control Council, so as to provide that one member of the council shall be a veterinarian; and for other purposes.
HB 975. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th: A Bill to amend an Act relating to the granting of special permits to operate motor vehicles upon the public highways which are in excess
FRIDAY, MARCH 8, 1968
3167
of the limit provided by law for the weight of motor vehicles, so as to transfer certain duties vested in the Chairman of the State Highway Board to the Director of the State Highway Department; and for other purposes.
HB 978. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th, and Sherman of the 105th:
A Bill to repeal an Act entitled "An Act to provide for the auditing of obligations of and claims against the State Highway Department and the approval of such obligations and claims for payment by the Chair man of the State Highway Department, the Governor and the State Auditor; and for other purposes.
HB 990. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to repeal Code Section 95-1506, relating to the duty of the State Highway Board to submit an annual report of operations, activities, plans and budget to the Governor; and for other purposes.
HB 1043. By Messrs. Harris of the 85th and Harris of the 118th:
A Bill to amend Code Section 113-821, so as to provide a residuary be quest or devise to a surviving widow in lieu of dower or year's support or both; and for other purposes.
HB 1155. By Messrs. Levitas of the 118th, Wiggins of the 32nd and McCracken of the 49th:
A Bill to amend Code Title 34, so as to provide that any political body seeking to have candidates' names for the office of presidential electors shall not be required to compile a separate petition for each candidate for such office; and for other purposes.
HB 1170. By Messrs. Ware of the 42nd, Dean of the 20th, Gignilliat of the 113th, Gay of the 60th, and Crowe of the 1st:
A Bill to amend an Act creating a State Department of Veterans Service and providing for a Board of Veterans Service and a Director, so as to provide that the Director shall maintain full, adequate and complete copies of all records on veterans' benefits through the Department; and for other purposes.
HB 1315. By Messrs. Clarke of the 45th and Knapp of the 109th:
A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt the sales of tangible
3168
JOURNAL OF THE HOUSE,
personal property and services to certain private elementary and sec ondary schools from the taxes and imposed by said Act; and for other
purposes.
HB 1340. By Messrs. Smith of the 114th, Berry of the 113th, Funk of the 116th, Gaynor of the 114th, Gignilliat of the 113th and others:
A Bill to amend Code Section 24-2715, so as to permit clerks of the superior courts and clerks of the city courts to microfilm certain mat ters; and for other purposes.
HB 1636. By Messrs. Clarke of the 45th and Pickard of the 112th:
A Bill to amend an Act creating the Department of Commerce (now the Department of Industry and Trade), so as to empower the director to reimburse authorized personnel of the Department for the actual cost incurred in the pursuit of official business for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other transportation; and for other purposes.
The Senate insists on its amendment to the following Bill of the House, to-wit:
HB 742. By Messrs. Murphy of the 26th, Caldwell of the 51st and others:
A Bill to amend an Act comprehensively and exhaustively revising superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps and prisoners; and for other purposes.
The Senate insists on its amendment to the following bill of the House, to-wit:
HB 743. By Messrs. Murphy of the 26th, Caldwell of the 51st and others: A Bill to amend an Act known as the "Georgia Prison Industries Act," so as to authorize the administration to compensate certain inmates em ployed in prison industries; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 846. By Mr. Higginbotham of the 119th: A Bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act," so as to exempt the sale of food in certain cases; and for other purposes.
FRIDAY, MARCH 8, 1968
3169
The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 6-1. By Messrs. Smith of the 54th, Busbee of the 79th, Jones of the 76th, and Lambert of the 38th, and others:
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 933. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to amend Code Section 100-108, so as to provide that industrial revenue bonds or bonds of development authorities duly validated and not in default may be given by state depositories provided the appro priate county or municipality has the lawful authority to levy an annual tax in support thereof; 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 1051. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to amend Title 34 of the Code of Georgia, relating to elections, so as to provide for additional deputy registrars; to provide that certain boards of registrars; and for other purposes.
The Senate insists on its amendment to the following Bill of the House, to-wit:
HB 1012. By Mr. Smith of the 54th:
A Bill to amend an Act establishing the Georgia Legislative Retirement System, so as to provide a new definition for "Prior 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 5. By Messrs. Smith of the 54th, Steis of the 100th and Harris of the 118th:
A Bill to revise, supersede and consolidate the Criminal Code of Georgia; and for other purposes.
3170
JOURNAL OF THE HOUSE,
HB 939. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to amend Code Title 13 known as the Banking Law of Georgia so as to provide that common stock under certain circumstances shall be common stock authorized by amendment to the charter of the bank but not issued and sold at the time of such amendment; and for other purposes.
HB 1090. By Mr. Westlake of the 119th:
A Bill to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to provide that motor vehicles covered by certain liability insurance policies shall be deemed uninsured motor vehicles if the insurance company writing the policy is insolvent; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1198. By Messrs. Barber of the 24th, Smith of the 54th, Paris of the 23rd and others:
A Bill to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable re quirements relating to skill, effort and responsibility, so as to define "Commissioner"; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 546. By Mr. Magoon of the 19th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that each student in the public schools of the State of Georgia, upon attaining the age of 17 years, shall be appraised of his right to register as an elector and vote in elections upon attaining the age of 18 years; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:
SR 246. By Senators Fincher of the 54th, and Pennington of the 45th:
A Resolution creating an interim committee to study salaries of depart ment heads and other State officials whose compensation is fixed by law; and for other purposes.
FRIDAY, MARCH 8, 1968
3171
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 1302. By Messrs. Rainey of the 69th, Grahl of the 52nd, Dickinson of the 27th, Harrison of the 98th, Doster of the 73rd and others:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide that the ownership, juris diction over and control of all wildlife shall be in the State of Georgia in its sovereign capacity; and for other purposes.
The following Senate amendments were read:
Senate Committee on Agriculture and Natural Resources moves to amend Section 22 of House Bill 1302 as follows:
By inserting in the third line of Section 81B(a) after the word "State" the words "belonging to or being utilized by the Commission for fish propagation," so that Section 81B(a) as amended shall read as follows:
"It shall be unlawful for any person, firm or corporation to throw, dump, drain or allow to pass into the waters of this State, belonging to or being utilized by the Commission for fish propaga tion, any sawdust, dye-stuff, oil, chemicals or any other deleterious substances that will or may tend to injure, destroy or drive away from such waters, any fish or amphibia which may inhabit such waters."
Senate Committee on Agriculture and Natural Resources moves to amend House Bill 1302 as follows:
By deleting from Section 82B(b) the words "protected by the laws of this State," and inserting in lieu thereof the words, "in any waters belonging to or being utilized by the Commission for fish propagation," so that Section 81B(b) as amended shall read as follows:
"The State, through the Game and Fish Commission, may re cover damages in a civil action against any person, firm or corpora tion who unlawfully or negligently injuries or destroys any fish or amphibia in any waters belonging to or being utilized by the Com mission for fish propagation."
Mr. Rainey of the 69th moved that the House agree to the Senate amendments.
On the motion, the ayes were 162, nays 0.
The Senate amendments to HB 1302 were agreed to.
3172
JOURNAL OP THE HOUSE,
HB 1351. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, and 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 as amended in order to add a new section to said Charter to be known as Section 4(p) so as to increase the corporate limits of the City of Smyrna; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Governments moves to amend House Bill No. 1351 as follows:
By inserting in Section 1, in the second line of the description of Parcel three, on page 3, the word "Hill" after the word "Smyrna" and before the word "Drive".
By adding at the end of Section 1 the following:
"Parcel Eight: All that tract or parcel of land lying and being in Land Lots 807, 808, and 848 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows:
Beginning at a point formed by the intersection of the north line of Land Lot 807 with the southwesterly right-of-way of Marietta-Atlanta Expressway, also known as U. S. 41 Highway; running thence south 40 degrees 04 minutes east along the said southwest right-of-way of the said U. S. 41 Highway for a distance of 172.6 feet to an iron pin; running thence south 1 degree 02 minutes east along the east line of Land Lot 807 for a distance of 1162.5 feet to an iron pin, point and corner located at the common corner of Land Lot 807, 808, 848 and 849; running thence south 88 degrees 28 minutes east along the northerly line of Land Lot 848 for a distance of 914.2 feet to an iron pin, point and corner located on the said southwesterly side of said U. S. 41 Highway; running thence south 36 degrees 42 minutes east for a distance of 149.9 feet to an iron pin, point and corner formed by the intersection of the said southwesterly side of the said U. S. 41 Highway and the westerly right-of-way of Hargrove Drive; running thence south and southwesterly along the said westerly right-of-way of said Hargrove Drive and following the curvature thereof for a distance of 1226.5 feet to an iron pin, point and corner located at the inter section of the said westerly right-of-way of the said Hargrove Drive with the southerly line of Land Lot 848; running thence north 88 degrees 59 minutes west for a distance of 864 feet to an iron pin and corner located at the common intersection of Land Lots 808, 809, 847 and 848; running thence north 0 degrees 38 minutes east long the west line of Land Lot 848 for a distance of 1031.7 feet to an iron pin, point and corner; running thence south 88 degrees 50 minutes west for a distance of 528 feet to an iron pin, point and corner; running thence south 0 degrees 57 minutes east
FRIDAY, MARCH 8, 1968
3173
for a distance of 1020.45 feet to an iron pin, point and corner located on the southerly line of Land Lot 808; running thence south 88 de grees 51 minutes west for a distance of 801 feet to an iron pin, point and corner formed by the common corner of Land Lots 776, 777, 808, and 809; running thence north along the west line of Land Lots 808 and 807 for a distance of 2613.45 feet to the common corner formed by Land Lots 778, 779, 806 and 807; running thence north 88 degrees 51 minutes east along the north line of Land Lot 807 for a distance of 1211.3 feet to the point of beginning.
Said Parcel Eight being a part of Ward 1 as provided in Georgia Laws, 1965, page 3023, et. seq."
Mr. Howard of the 101st moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1351 was agreed to.
HR 6-1. By Messrs. Smith of the 54th, Busbee of the 79th, Jones of the 76th and others:
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 receiving the highest number of votes; and for other purposes.
The following Senate substitute was read:
Committee on Economy, Reorganization and Efficiency in Govern ment:
SUBSTITUTE FOR HR 6-1.
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for a run-off election for Governor in the event no candidate receives a majority of the votes cast in the general election; to provide the pro cedure connected therewith; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
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Section 1. The Constitution is hereby amended by striking in their entirety Paragraphs III, IV, and V of Article V and substituting in lieu thereof Paragraphs III, IV, and V to read as follows:
"Paragraph III. Transmission, Canvassing and Publishing Elec tion Returns. The returns of each election district in a guberna torial election shall be sealed up by the superintendent thereof separately from other returns, and shall be directed to such election board or body as may be designated by the General Assembly. The gubernatorial returns shall be laid before such election board or body on the Tuesday next following the general election. Such election board or body shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns.
Paragraph IV. Run-off Election. In the event no guberna torial candidate receives a majority of the whole number of votes cast in the general election, the election board or body designated shall continue the gubernatorial election by immediately calling a run-off election between the two persons who received the highest number of votes, who continue in life and have not declined to con tinue as a gubernatorial candidate. This run-off election shall be held on the third Tuesday immediately following the general election. The run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general elec tion shall be entitled to vote therein; and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating to the transmis sion of the returns in the general election, the opening of the re turns, their tabulation, canvassing and publication shall apply to the run-off election. On the Tuesday next following the run-off election, the election board or body designated by the General As sembly shall open, canvass, tabulate and publish the returns of the run-off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Governor of this State.
Paragraph V. General Assembly may Provide Additional Pro cedures. The General Assembly may provide by law for any ad ditional procedures or requirements connected with any subject matter embraced within Paragraphs III and IV and in connection with any contested election, provided such laws are not inconsistent with the provisions therein."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been en tered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
FRIDAY, MARCH 8, 1968
3175
"YES ( ) Shall the Constitution be amended so as to provide for a run-off election for Governor in the event no
NO ( ) candidate received a majority of the votes cast in the
general election?"
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.
Mr. Busbee of the 79th moved that the House disagree to the Senate substi tute, and the motion prevailed.
The Senate substitute to HR 6-1 was disagreed to.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1051. By Messrs. McCracken of the 49th, Mixon of the 81st and others:
A Bill to be entitled an Act to amend Title 34 of the Code, relating to elections, so as to provide for additional deputy registrars; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HOUSE BILL NO. 1051
Mr. President:
Mr. Speaker:
Your Conference Committee on HB 1051 has met and submits the following report:
1. The Committee recommends that the House recede from its posi tion in rejecting the Senate amendment to HB 1051 proposed by Coggin of the 35th.
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2. The Committee recommends that the House recede from its posi tion in rejecting the Senate Economy Reorganization and Efficiency in Government Committee amendment to HB 1051.
3. The Conference Committee recommends that the Senate recede from its position in insisting on the amendment proposed by Bateman of the 27th.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE:
PAUL C. BROUN OLIVER C. BATEMAN T. KENNETH KILPATRICK
E. ROY LAMBERT J. ROY McCRACKEN WILLIAM J. WIGGINS
Mr. Wiggins of the 32nd moved that the House adopt the report of the Com mittee of Conference.
On the motion, the ayes were 174, nays 0.
The report of the Committee of Conference on HB 1051 was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 940. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Title 13 known as the "Bank ing Law" of Georgia, so as to remove the provisions relating to private banks and bankers; to change the distance between the location of a bank office or bank facility and a parent bank; and for other purposes.
Mr. Murphy of the 26th moved that the House insist on its position in dis agreeing to the Senate substitute and that a Committee of Conference be ap pointed on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker appoointed as a Committee of Conference on the part of the House the following members:
FRIDAY, MARCH 8, 1968
3177
Messrs. Murphy of the 26th, Henderson of the 102nd and Lewis of the 50th.
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 272. By Senators Kilpatrick of the 44th, Searcey of the 2nd, Knight of the 16th and Plunkett of the 30th:
A Bill to be entitled an Act providing for the annexation of areas con tiguous to incorporated municipalities by petition and providing pro cedures therefor, approved March 10, 1966, so as to change the per centages; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Anderson Ballard Barber Branch Brantley, H. L. Busbee Carnes Gates Cheeks Clarke Cole Conner Cooper, B. Crowe, W. J. Dean Dent Dillon Dodson Dorminy Doster Douglas Egan Farrar Gary Gay Hamilton
Harris, J. F. Harris, J. R. Hill Holder Howard Hutchinson Johnson, A. S. Johnson, B. Jones, M. Knapp Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Malone Mason McClatchey Melton Moore, J. H. Mullinax Murphy Odom Oglesby
Pafford Palmer Parrish Pickard Ross Shields Shuman Sims Smith, J. R. Smith, V. T. Snow Starnes Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Underwood Vaughn, C. R. Walling Ware Wiggins Williams Winkles Wood
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Those voting in the negative were Messrs.:
Alexander Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Cato Collins, J. P. Collins, M. Colwell Crowe, William Dailey Daugherty Davis DeLong Dickinson Dollar Edwards Fallin Fleming Floyd
Funk Gaynor Graves Grier Gunter Hall Hargrett Harrington Harris, R. W. Henderson Hood Jordan, G. Kaylor Kirksey Land Lane, Dick Lane, W. J. Leggett Longino Magoon Matthews, D. R. Mauldin Maxwell McCracken Miller Moore, Don C. Nessmith Nimmer
Northcutt Otwell Paris Parker, C. A. Phillips Poss Potts Reaves Richardson Roach Rowland Rush Russell Scarlett Shanahan Sherman Simmons Smith, G. W. Smith, W. L. Stalnaker Steis Tucker Tye Vaughan, D. N. Wamble Wells Westlake Whaley
Those not voting were Messrs.:
Barfield Blalock Buck Caldwell Chandler Cook Cooper, J. R. Cox Dixon Farmer Gignilliat Grahl Hadaway Hale
Harrison Higginbotham Howell Jenkins Joiner Jones, C. M. Jordan, W. H. Laite Lovell Matthews, C. McDaniell Merritt Mixon Moate
Moreland Nash Newton Parker, H. W. Peterson Ragland Rainey Savage Turner Ward Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 80, nays 84.
The Bill, having failed to receive the requisite constitutional majority, was lost.
FRIDAY, MARCH 8, 1968
3179
Mr. Northcutt of the 35th stated that he had inadvertently voted "nay", but intended to vote "aye".
The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate passed, as amended, by the requisite constitutional majority the following Bills of the Houses, to-wit:
HB 1551. By Messrs. Chandler and Harrington of the 47th:
A Bill to amend an Act creating a new charter for the City of Milledgeville, so as to authorize the Mayor and Alderman of the City of Milledgeville to provide and furnish sewerage and sanitary service in any area of Baldwin County where like services are not being furnished by the governing authority of said county; and for other purposes.
HB 1645. By Messrs. Battle of the 116th, Smith of the 114th, Whaley and Tye of the 115th, Berry and Gignilliat of the 113th:
A Bill to provide that employees of all political subdivisions of Chatham County and the City of Savannah shall have the right of self-organiza tion; to state the public policy; and for other purposes.
The Senate insists on its amendment and has appointed a Committee of Con ference on the following Bill of the House, to-wit:
HB 933. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to amend Code Section 100-108, so as to provide that industrial revenue bonds or bonds of development authorities duly validated and not in default may be given by state depositories provided the appropri ate county or municipality has the lawful authority to levy an annual tax in support thereof; and for other purposes.
The president has appointed on the part of the Senate the following: Senators Johnson of the 42nd, Plunkett of the 30th and Holloway of the 12th.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
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HB 1012. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide a new definition for "Prior Service"; and for other purposes.
Mr. Busbee of the 79th moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Messrs. Busbee of the 79th, Paris of the 23rd and Jones of the 76th.
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 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 designat ed Georgia Government Documents in order to obtain maximum effic iency in the distribution and preservation of government documents; to constitute an Advisory Council to the Legislative Services Committee to establish, maintain and oversee such system; and for other purposes.
The following amendment was read and adopted:
Mr. Busbee of the 79th moves to amend SB 17 by adding to Section 6 of said Bill a new Sub-Section to be known as Sub-Section 6, as fol lows:
"(6) The publication of any bulletin, newsletter or gazette disseminating current information relative to developments within a State Agency or information of current interest to a particular constituency of a State Agency."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
FRIDAY, MARCH 8, 1968
3181
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. Blalock Bond Bostick Branch 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. Daugherty Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin
Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood Howell Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan Kaylor Kirksey Knapp Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lowrey Magoon Malone Mason Matthews, C.
Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Pickard Poss Potts Ragland
Reaves Richardson Roach Ross Rowland Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes
Steis
3182
Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye
JOURNAL OF THE HOUSE,
Underwood Vaughan, D. N. Walling Wamble Ward Ware Wells Whaley
Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Voting in the negative was Mr. Rush
Those not voting were Messrs.:
Barfield Bennett Black Bowen Brantley, H. H. Buck Dailey Davis Gignilliat Grahl Higginbotham
Hill Howard Hutchinson Jones, C. M. Jordan, W. H. Laite Lambros Lovell McCracken Moreland Northcutt
Peterson Rainey Russell Savage Smith, G. W. Stalnaker Sullivan Vaughn, C. R. Westlake Mr. Speaker
On the passage of the Bill, as amended, the ayes were 172, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
HB 1645. By Messrs. Battle of the 116th, Smith of the 114th, Whaley and Tye of the 115th, Berry and Gignilliat of the 113th: A Bill to be entitled an Act to provide that employees of all political subdivisions of Chatham County and the City of Savannah shall have the right of self-organization; to state the public policy; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Governments moves to amend HB 1645 as follows:
FRIDAY, MARCH 8, 1968
3183
By striking in the caption "to state the public policy;".
By adding in the caption after "to provide for dues" the following "and authorizations for deductions".
By striking Section 1 in its entirety and renumbering Sections 2 through 11 as Sections 1 through 10 respectively.
By striking Section 8 (renumbered as Section 7) in its entirety and inserting in lieu thereof a new renumbered Section 7 to read as follows:
"Section 7. Authorization of Deduction -- Upon written au thorization of any public employee, the public employer shall deduct from the payroll of the public employee such amount as the employee shall designate, the terms and conditions of which have been negotiated by the labor organization as recognized by Section 3 (b) of this Act."
Mr. Battle of the 116th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1645 was agreed to.
HB 1582. By Mr. Conner of the 91st:
A Bill entitled an Act to consolidate the offices of tax receiver and tax collector of Bacon County into the office of tax Commissioner; and for other purposes.
The following Senate amendment was read:
County and Municipal Governments Committee offers to amend HB 1582 as follows:
By striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. The Tax Commissioner shall be compensated in an amount of not less than $7,500.00 nor more than $8,500.00 per annum, such annual compensation to be determined by the Commissioners of Roads and Revenues of Bacon County at a regular or special meeting of such commissioners during the month of December im mediately preceding the year under consideration. Such compensa tion shall be paid in equal monthly installments from the funds of Bacon County. All fees, commissions, costs and other income collected by the Tax Commissioner including those commissions
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allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Depart ment and an Act relating to commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest approved January 17, 1938 (Ga. Laws 1937-38, Extra Ses sion, p. 297), as amended, shall be the property of Bacon County, and once each month shall be turned over to the fiscal authority of said county by the Tax Commissioner with a detailed itemized and sworn statement showing the source from which such fees, commis sions, costs and other income were collected; Provided, however, that in addition to the salary provided for herein, said Tax Commissioner shall be entitled to a commission of 5% of all of the taxes collected by the Tax Commissioner which are a part of the last $10,000.00 increment of the Net Tax Digest. The Commissioners of Roads and Revenues of Bacon County, may in their discretion and with the approval of the Tax Commissioner employ one or more persons as clerical aid for the Tax Commissioner, which clerk or clerks may also serve as Clerk to the Bacon County tax assessors, for the total annual compensation of not less than $2,400.00 and nor more than $4,000.00 to be paid from the county treasury."
Mr. Conner of the 91st moved that the House agree to the Senate amendment. On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 1582 was agreed to. The following Resolutions of the House and Senate were read and adopted:
HR 700. By Messrs. Smith of the 114th, Lambros of the 130th, Lewis of the 50th and Mrs. Merritt of the 68th:
A RESOLUTION
Requesting the Speaker of the House to authorize certain named Representatives to attend the Conference of the Council for Exceptional Children; and for other purposes.
WHEREAS, the Council for Exceptional Children is holding an In vitational Conference for the Eastern States on March 18 and 19, 1968, at the Washington Hilton Hotel in Washington, D. C.; and
WHEREAS, the said Council is devoted to the purposes of fostering better provisions at all levels of education for handicapped and gifted children; and
FRIDAY, MARCH 8, 1968
3185
WHEREAS, there are several members of the House of Representa tives who have demonstrated their devotion to the betterment of children by taking active roles on committees which have had for their purpose the uplifting of the mentally retarded and underprivileged and by pre paring legislation which has to do with exceptional and handicapped children: more specifically, Representative Smith of the 3rd, Merritt of the 68th, Smith of the 114th and Lambros of the 130th; and
WHEREAS, it should prove fruitful to Georgia if these persons at tend the Conference being conducted by the Council for Exceptional Children in Washington, D. C., and bring back the latest information on matters pertaining to handicapped and gifted children.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House appoint the follow ing Representatives to attend the Conference being conducted by the Council for Exceptional Children in Washington, D. C., on March 18, and 19, 1968: Smith of the 3rd, Merritt of the 68th, Smith of the 114th and
Lambros of the 130th. The expenses of the said legislators shall be reimbursed to them out of funds appropriated to or available to the leg islative branch of government.
HR 770. By Messrs. Oglesby of the 92nd, Egan of the 141st, Whaley of the 115th, Hill of the 121st and many others:
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.
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 section to Part III to read as follows:
"7. The Minority 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 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 Minority 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 Minority Leader shall be a committee of one and shall receive the expense, mileage and travel allowances authorized by law for mem bers of interim committees.
Hs 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."
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HR 800. By Messrs. McDaniell of the 101st, Williams of the 16th and Busbee of the 79th:
A RESOLUTION
Creating an interim study committee on driver education; and for other purposes.
WHEREAS, under the 1966 Highway Safety Act, recently enacted by the United States Congress, the various states are required to devise a comprehensive traffic safety program; and
WHEREAS, under such legislation, such plans are to be submitted to the Department of Transportation for their approval; and
WHEREAS, a portion of such legislation states that unless a state's comprehensive plan contains an acceptable plan whereby driver education courses shall be made available to eligible high school students, a state's plan shall not be approved by the Department of Transportation; and
WHEREAS, unless an individual state's comprehensive plan is ap proved, the Federal legislation provides for a penalty in the nature of the withholding of Federal highway funds.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study com mittee to be composed of three members of the House of Representatives, to be appointed by the Speaker thereof. The Committe shall make an ex haustive and comprehensive study into the means by which an effective program of driver education might be devised for the State of Georgia in order that Georgia might comply with the Highway Safety Act of 1966. The Committee shall make a report of its recommendations and findings to the 1966 session of the General Assembly, at which time it shall stand abolished.
HR 815. By Messrs. Brown of the 34th, Dixon of the 83rd, Harris of the 118th ond others:
A RESOLUTION
Creating the Automobile and Truck License Study Committee; and for other purposes.
WHEREAS, it has been brought to the attention of several members of the House that the laws of Georgia relating to automobile and truck license fees and categories are unwieldy and outmoded; and
WHEREAS, there was introduced in the 1967 Session of the General Assembly a bill designated to revise the categories of licenses for trucks, automobiles and trailers (House Bill 593); and
FRIDAY, MARCH 8, 1968
3187
WHEREAS, there is a need for members of the House of Represetatives to be informed of the benefits to be derived from a revision of the laws dealing with automobile and truck license categories.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Automobile and Truck License Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker. The Committee shall study the laws of Georgia relating to automobile and truck license categories, and shall study House Bill 593, in order to find and eliminate the areas of the laws which are cumbersome, unwieldy and outmoded. The Committee shall prepare a report of its findings and recommenda tions to be submitted to the Speaker en or before December 31, 19S8, on which date the Committee shall stand abolished. The Committee, if it deems it proper, shall prepare proposed legislation to accomplish the de sired ends. The members of the Committee shall receive the expenses and allowances authorized to legislative members of interim committees for a period of ten days, or longer if an extension is granted by the Speaker. The funds necessary for accomplishing the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of government.
HR 832. By Messrs. Gaynor of the 114th and Murphy of the 26th:
A RESOLUTION
Creating an interim committee to study nonpar banking; and for other purposes.
WHEREAS, nonpar banking has been a controversial subject for several decades; and
WHEREAS, the Federal Reserve System has attempted to end the practice of exchange charges on checks for more than fifty years; and
WHEREAS, most checks in the United States circulate at par; and
WHEREAS, because of the continuing controversy about nonpar banking, there is a need for more information and analysis concerning the practice.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim committee composed of five members of the Banks and Banking Committee to be appointed by the Speaker of the House of Representatives. The committee shall be authorized to study all aspects of nonpar banking. The committee shall be authorized to advise and conduct its deliberations in conjunction with the Senate committee created for similar purposes. The Superin tendent of Banks is hereby authorized and directed to cooperate to the fullest extent with the committee on this study. 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
3188
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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. The members of the committee shall receive the allow ances authorized for legislative members of interim legislative commit tees but shall receive the same for no more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and re commendations to the 1969 Session of the General Assembly at which time the committee shall stand abolished.
HR 833. By Mr. Harris of the 118th:
A RESOLUTION
Creating a committee to study courts below the superior court level; and for other purposes.
WHEREAS, there are many courts below the superior court level in existence in Georgia; and
WHEREAS, there is almost a complete lack of uniformity relative to venue, jurisdiction and procedure in these various courts; and
WHEREAS, a large number of the judges of these courts have indicated a desire that a study be made concerning the possibility of providing for uniformity in the various courts.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of seven members of the House to be appointed by the Speaker for the purpose of making a study of the courts below the superior court level with a view towards determining the advisability and feasibility of providing uniformity in venue, jurisdiction and procedure in such courts. The committee is authorized to conduct hearings, if deemed advisable. All the judges and other officials connected with said courts are hereby urged to cooperate with the committee and offer whatever assistance possible. The committee shall receive the allowances authorized for leg islative members of interim legislative committees. The committee shall make a report of its findings and recommendations on or before Dec ember 1, 1968, on which date the committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from funds appropriated to and available to the legislative branch of government.
HR 838. By Messrs. Farmer of the 29th, Levitas of the 118th, Lee of the 79th and others:
A RESOLUTION
Creating an interim study committee to study the feasibility of establishing a Bureau of Criminal Statistics; and for other purposes.
FRIDAY, MARCH 8, 1968
3189
WHEREAS, there is no centralized criminal statistics system in the State of Georgia and various agencies of state government and units of local government maintain separate and often duplicatory records on criminals; and
WHEREAS, statistics maintained on criminals are often sketchy and incomplete; and
WHEREAS, various state and federal government agencies and local governmental units often find it difficult to get satisfactory information on criminals from the files of other agencies and units; and
WHEREAS, the lack of an effective criminal statistic system often hampers criminal investigation, as well as prevention of crime through surveillance techniques; and
WHEREAS, the lack of a satisfactory statistics system makes classi fication of prisoners and the planning of their rehabilitation quite dif ficult; and
WHEREAS, a better system for keeping criminal statistics would be of considerable benefit to the courts of the courts of the state in the trial of cases and to parole and probation officials in considering whether
a criminal should be paroled or placed on probation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Committee to Study the Establishment of a Criminal Statistics Bureau" which shall consist of as many members of the House of Representatives as appointed by the Speaker thereof. Said Committee shall study the feasibility of creating a Criminal Statis tics Bureau for this State.
BE IT FURTHER RESOLVED that the members of the Committee shall receive the allowances authorized to legislative members of interim legislative committees for as many days as authorized by the Speaker. Such allowances and any other funds necessary to carry out the provi sions of this Resolution shall come from funds appropriated or made available to the legislative branch of government. The Committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time the said Committee shall stand abolished.
HR 862. By Mr. Lambros of the 130th:
A RESOLUTION
Creating the House Interim Committee to study the feasibility of merging city and county governments; and for other purposes.
WHEREAS, it has been brought to the attention of members of the House that many municipal governments in Georgia might be able to
3190
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furnish taxpayers with needed services in a more efficient and economical manner if the municipal governments were joined with the county gov ernments; and
WHEREAS, little is known of the possible effects of merger or consolidation of governments; and
WHEREAS, it would be benefical and enlightening to the members of the General Assembly if a study were made on the subjects of city and county merger and consolidation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the House Committee to study the feasibility of merging city and county governments. The Committee shall be composed of ten members of the House to be appoint ed by the Speaker. The Committee shall make a study of city and county governments of its choosing with the view of determining whether merger or consolidation, or other form of modernizing the respective gov ernments, would be beneficial and feasible. The Committee may consult with experts and it may study city-county mergers that have taken place in other states in order to decide what possible effects may result from the use of such plans in Georgia. The Committee shall prepare a report, and if it deems necessary, proposed legislation, on or before December 31, 1968, on which date the Committee shall stand abolished. The mem bers of the Committee shall receive the expenses and allowances author ized to legislative members of interim legislative committees for a period of ten days, or longer if an extension is granted by the Speaker. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of the government.
HR 870. By Messrs. Rainey of the 69th, Shuman of the 65th, Ward of the 2nd, Scarlett of the 85th, Wamble of the 90th and many others:
A RESOLUTION
To create a Wild Dog Study Committee; and for other purposes.
WHEREAS, wild and free running dogs are becoming more wide spread within our State, and
WHEREAS, such wild and free running dogs are responsible for destruction of cattle and wildlife, and
WHEREAS, information is needed by this body to determine if leg islation is needed to help control this unnecessary loss to our economy.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of seven members of the House to be appointed by the Speaker thereof. The committee shall make a thorough and exhaustive study relative to wild and free running dogs, to determine if legislation is
FRIDAY, MARCH 8, 1968
3191
needed in this field, and shall make a report of its findings and re commendations to the 1969 Session of the General Assembly, at which time it shall stand abolished. The committee shall be authorized to meet for a period not in excess of fifteen days. The members of the committee shall receive compensation, per diem, expenses and allowances author ized for members of interim legislative study committees. The funds nec essary for the purposes of this Resolution shall come from funds ap propriated and available to the legislative branch of the government.
HR 874. By Mr. Wamble of the 90th:
A RESOLUTION
Congratulating the Whigham High School Boys Basketball Team of Grady County; and for other purposes.
WHEREAS, the Whigham High School "Indians" Boys Basketball Team recently completed a most successful 1967-68 regular season, com piling an enviable record of twenty-five (25) wins and only two losses; and
WHEREAS, this fine team won the Class 1-C Region Championship and will represent their region in the State Basketball Tournament in Macon; and
WHEREAS, the members of the team displayed amazing offensive and defensive talent during the past season; and
WHEREAS, these feats can only be attributed to the spirit, deter mination, drive, pride and sportsmanship of these young athletes and Coach Aaron Todd; and
WHEREAS, all the citizens of Georgia and particularly those cit izens residing in Grady 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 Whigham High School "In dians" Boys Basketball Team of Grady County and Coach Aaron Todd in extending to them our heartiest congratulations for their many ac complishments on the hardwood floors of friendly competition.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to furnish sufficient copies of this Resolution to Honorable Burton M. Wamble, Representative, 90th District, so that he may personally present a copy thereof to each mem ber of the team and to Coach Aaron Todd.
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HE 875. By Messrs. Conner of the 91st, Busbee of the 79th and Brown of the 34th:
A RESOLUTION
Commending Honorable James L. Bentley; and for other purposes.
WHEREAS, the Honorable James L. Bentley, Comptroller General of the State of Georgia, has recently been honored by his fellow insurance commissioners by being elected President of the National Association of Insurance Commissioners; and
WHEREAS, the honor and prestige connected with this high office is doubly meaningful in view of the fact that James L. Bentley has served
as Georgia Insurance Commissioner only for the relatively short period of time of four and one-half years; and
WHEREAS, during his presidency of this important Association, he has directed a program to reorganize the administrative staff, imple mented a program for the employment of professional and technical personnel in the central office of the Association and has directed a re organization of the Association's financial structure, resulting in a quadrupling of its income; and
WHEREAS, among other progressive innovations, the National Association of Insurance Commissioners, under his direction, has created a library and has in general streamlined the discharge of their important responsibilities; and
WHEREAS, during his presidency of the National Association of Insurance Commissioners, James L. Bentley has provided dynamic and effective leadership in directing the Association's studies and research into the impact of riots and civil disorders upon the insurance industry; and
WHEREAS, it is only befitting and proper that this body recognize the honor and prestige the distinguished Comptroller General has brought to the State of Georgia through his outstanding accomplishments while President of the National Association of Insurance Commissioners.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend and congratulate the Honorable James L. Bentley, Comptroller General of the State of Georgia for his effective and dynamic leadership while President of the National Association of Insurance Commissioners and does hereby particularly commend him for the attention and national prestige which he has brought to the State of Georgia by his hereinabove
mentioned accomplishments.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an approp riate copy of this Resolution to the Honorable James L. Bentley.
FRIDAY, MARCH 8, 1968
3193
HE 876. By Messrs. Matthews and Farmer of the 29th:
A RESOLUTION
Commending Honorable Jack Beacham; and for other purposes.
WHEREAS, Honorable Jack Beacham will retire on March 15, 1968 after serving for thirty-eight years with outstanding devotion and ability as city engineer of the City of Athens; and
WHEREAS, he received his civil engineering degree from the Un iversity of Georgia; and
WHEREAS, he is highly respected in his field and his professional status is such, that the Georgia Highway Department and Bureau of Federal Roads continually seek his advice and counsel; and
WHEREAS, he not only serves the City of Athens in his capacity as city engineer, but because of his experience, ability and willingness to be of help, his advice and assistance are constantly sought by the Mayor and Council and other Departments of Government of the City; and
WHEREAS, his love and dedication to the City of Athens and its citizens are second only to his love and dedication to his family; and
WHEREAS, his lovely and charming wife, Mrs. Jack Beacham, shauld be thanked for her understanding as Honorable Jack Beacham was often away from home while working around the clock as a truly dedicated public servant.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Jack Beacham for his many years as a dedicated public servant as city engineer of the City of Athens and that this body does hereby thank Mrs. Jack Beacham for her understanding while her husband was often away from home working around the clock as a truly dedicated public servant.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Jack Beacham, to Mrs. Jack Beacham, to the Mayor and Council of the City of Athens and to Mr. William Beacham, Richmond, Virginia.
HR 877. By Mr. Matthews of the 29th:
A RESOLUTION
Commending and thanking certain persons and organizations and a certain family for the contributions they made towards constructing and obtaining a causeway and bridge to Skidaway Island and an oceanology center; and for other purposes.
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WHEREAS, Honorable Laurie K. Abbott and Honorable Henry Levy were leaders of the initial campaign to obtain the location of the Ocean Science Center of the Atlantic in Savannah, Georgia; and
WHEREAS, Honorable Henry Levy was chairman of the "Bridge for Progress Committee" which supervised promotions relative to the bond referendum and oceanology center; and
WHEREAS, the people of Chatham County were progressive and unselfish to approve issuing bonds to be used towards the development of facilities required for the oceonology center and for the constructing of the bridge and causeway making Skidaway Island accessible to the mainland of Chatham County; and
WHEREAS, the Chatham County delegation was very instrumental in securing the Ocean Science Center of the Atlantic and the building of the bridge and causeway connecting Skidaway Island; and
WHEREAS, the Oceanographic Study Committee chaired by Honor able Charles M. Jones should be commended for their outstanding work and foresight; and
WHEREAS, the people of Chatham County, Chatham County's leg islative delegation, the Speaker of the House of Representatives and Chairman of the Board of Regents should be commended for the con tributions they made to the development and construction of the ocean ology center and the bridge to Skidaway Island; and
WHEREAS, the Roebling family donated most of the Modena Plan tation which consisted of approximately BOO acres of land and other facilities for use by the Ocean Science Center of the Atlantic; and
WHEREAS, the Union Camp Corporation donated approximately 500 acres of land on Skidaway Island for use by the Ocean Science Center of the Atlantic.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Laurie K. Abbott, Honorable Henry Levy, the people of Chatham County, Honorable Charles M. Jones, Chatham County Legislative Delegation, the Speaker of the House, the Chairman of the Board of Regents, the Roebling family and the Union Camp Corporation are hereby commended and thanked for their out standing contributions towards the development of the Ocean Science Center of the Atlantic and the causeway and bridge to Skidaway Island, and for their foresight and unselfish devotion to such projects.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to transmit an appropriate copy of this Resolution to each of the above named persons, the Union Camp Corpora tion and the Roebling family.
HR 878. By Messrs. Walling of the 118th and Rainey of the 69th:
A RESOLUTION
Creating a committee to study the feasibility of establishing a State Department of Conservation; and for other purposes.
FRIDAY, MARCH 8, 1968
3195
WHEREAS, the State of Georgia is blessed with a great natural en vironment which must be preserved for the enjoyment of the citizens of this State; and,
WHEREAS, preservation of our natural environment may be facil itated by having the several conservation efforts of this State coordin ated by a single department of State Government.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is hereby created a committee to be composed of ten (10) members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall make an exhaustive and comprehensive study into the desirability and feasi bility of establishing as a department of the state government a Departmetn of Conservation. The committee shall make a report of its findings and recommendations by December 1, 1968, at which time it shall stand abolished.
The members of the Committee shall receive the allowances author ized to legislative members of interim committees for ten (10) clays, or longer if an extension is granted by the Speaker. The funds necessary to carry out the purposes of this resolution shall come from funds ap propriated to or available to the legislative branch of government.
HR 879. By Messrs. Harrington of the 47th and Collins of the 88th:
A RESOLUTION
Expressing appreciation to the Agricultural Commodities Commis sion for Milk and the Georgia Milk Producers Association; and for other purposes.
WHEREAS, the Agricultural Commodities Commission for Milk and the Georgia Milk Producers Association has furnished fresh milk to the members of the House of Representatives during the 1968 session; and
WHEREAS, the members of this body realize that the dairy indus try is one of the most important business enterprises in this state; and
WHEREAS, all of the members of this body are cognizant of the health characteristics of milk.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincere appreciation to the Agricultural Commodities Commission and to the Georgia Milk Producers Association for their generosity in providing fresh milk to the members of this body during the 1968 session of the General Assembly of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward an appropriate
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copy of this Resolution to the Agricultural Commodities Commission and to the Georgia Milk Producers Association.
HR 880. By Messrs. Adams of the 125th, Egan of the 141st, Brantley of the 139th, Hood of the 124th, Winkles of the 120th and many others:
A RESOLUTION
Commending the Honorable Charles L. Carnes, Chairman of the Fulton County House Delegation; and for other purposes.
WHEREAS, there are few people in this world who have the ability to face tremendous responsibilities and to handle burdensome matters in a thorough and able manner, but the Honorable Charles L. Carnes, Chair man of the Fulton County House Delegation for the 1967-1968 Sessions of the General Assembly is such a person; and
WHEREAS, the Honorable Charles L. Carnes has efficiently and ably executed his duties, and the members of the Fulton County House Delegation are most appreciative.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable Charles L. Carnes for his outstanding performance as Chairman of the Fulton County House Delegation.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the Honorable Charles L. Carnes, Atlanta, Georgia.
HR 881. By Messrs. Gary, Lee and Northcutt of the 35th, Longino of the 122nd, Potts of the 33rd and Smith of the 54th:
A RESOLUTION
Commending Honorable D. B. (Brack) Blalock; and for other pur poses.
WHEREAS, Mr. "Brack" Blalock is one of the most active and ener getic members of the House of Representatives; and
WHEREAS, Mr. Blalock is faithful in his attendance as a member of the House of Representatives and always votes on every issue which comes before the House; and
WHEREAS, he has served as a member of the General Assembly in both the Senate and the House of Representatives for fourteen years; and
FRIDAY, MARCH 8, 1968
3197
WHEREAS, he is the son of Honorable Aaron O. Blalock, a former distinguished member of both the Senate and the House of Represen tatives; and
WHEREAS, Mr. Blalock's father, during his tenure as a member of the General Assembly, served as President Pro Tern of the Senate and Speaker Pro Tern of the House of Representatives; and
WHEREAS, Mr. Blalock is active in the civic, fraternal and religious affairs of his community; and
WHEREAS, he is former Chairman of the Jekyll Island Authority, member of the Georgia Baptist Executive Committee and former Chair man of the Board of Deacons of the First Baptist Church in Newnan;
and
WHEREAS, Mr. Blalock served with distinction as Chairman of the House Appropriations Committee during the term of office of former Governor, Carl E. Sanders; and
WHEREAS, the members of this body have been the recipients of enumerable personal favors and courtesies from the distinguished gentleman from Coweta; and
WHEREAS, during his tenure as a member of the House of Repre sentatives he has gained the utmost respect and admiration from his colleagues of present and past General Assemblies; and
WHEREAS, Mr. Blalock's participation and contributions have been exemplified by his intimate knowledge of the procedures of the legis lative processes, his quiet and effective leadership and his conscientious devotion to the duties of his office; and
WHEREAS, when Mr. Blalock speaks, the members of the House of Representatives listen; and
WHEREAS, it is only fitting and proper that the members of this body express their feelings of esteem and appreciation to the gentleman from Coweta.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby bestow upon the gentleman from Coweta, Honorable D. B. (Brack) Blalock, their com mendations and appreciation for his active and energetic participation in the deliberations of this body and for his tenure of service as a member of the General Assembly of Georgia.
BE IT FURTHER RESOLVED that the members of this body do hereby extend to him their best wishes for continued success and pros perity in future endeavors.
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BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to forward an appro priate copy of this Resolution to Honorable D. B. (Brack) Blalock.
IIR 882. By Mr. Edwards of the 57th:
A RESOLUTION
Commending the Gordon-Carson Chapter of the United Daughters of the Confederacy; and for other purposes.
WHEREAS, the Gordon-Carson Chapter of the United Daughters of the Confederacy has won three national and three state awards for scrapbooks compiled by Mrs. S. J. Tankersley of Reynolds, Georgia; and
WHEREAS, the Gordon-Carson Chapter was founded in May, 1919, as the late Mrs. F. A. Ricks took the initiative and invited local eligible women to meet in her home; and
WHEREAS, of those who attended the early meetings, only five are still living: Mrs. C. H. Neisler, Miss Marie Barrow, Mrs. Dorothy Paris Strong, Mrs. E. A. Hollis and Mrs. Irene Whatley; and
WHEREAS, Mrs. C. H. Neisler was chosen as the first President of the Chapter, and she was to serve in this capacity more times than any other member; she is now national chairman for collecting items for the United Daughters of the Confederacy Memorial Building in Rich mond, Virginia; and
WHEREAS, the name Gordon-Carson was chosen for the Chapter in honor of General John B. Gordon, who owned Beechwood Farms, an area near Reynolds, and Captain Joseph Carson, who served through out the Civil War and was also a resident of Reynolds; and
WHEREAS, in the years following 1919, the women of Reynolds began their work of honoring the participants of the Civil War, of preserving local historic spots and of helping with other local civic af fairs; about this time they began sponsoring an essay contest among high school students--a practice they continue until this day; and
WHEREAS, during the war years, the ladies decided to use their Chapter house as a Red Cross sewing room; they also bought defense bonds and devoted much of their efforts to defense work, and in 1941, they won the Pauline Burns Sutton Cup for the first and most complete report sent in to the State headquarters for that year's work; and
WHEREAS, returning veterans were honored at a special meeting in the Reynolds Methodist Church on August 23, 1945; later that fall they heard other veterans speak at United Daughters of the Confederacy meetings; and
FRIDAY, MARCH 8, 1968
3199
WHEREAS, the members have always taken an active interest in local education and in 1953 they won the Mattie Harris Lyons Cup for the second time at State Convention--the award is given for outstanding contributions to the scholarship fund sponsored by the United Daughters of the Confederacy; and
WHEREAS, in recent months the Gordon-Carson Chapter has won national recognition for their contribution of more than $200 to the Reynolds Library remodeling fund.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby extends its sincerest con gratulations and commendation to the Gordon-Carson Chapter of the United Daughters of the Confederacy for the Chapter's outstanding con tributions.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the Gordon-Car son Chapter of the United Daughters of the Confederacy, Reynolds, Georgia.
HR 883. By Messrs. Knapp of the 109th and Clarke of the 45th:
A RESOLUTION
Expressing deepest sorrow and regrets for the passing of Mrs. Sarah Lois Wadley Burt; and for other purposes.
WHEREAS, one of the most charming ladies of the South, Mrs. Sarah Lois Wadley Burt, the wife of Major William Gereau Burt, passed away Sunday, March 3, 1968, at the age of 82; and
WHEREAS, she dedicated her marvelous life to the maintaining of "Great Hill Place", a wondrous plantation constructed prior to the Civil War, in Bolingbroke, Monroe County, Georgia; and
WHEREAS, Mrs. Sarah Lois Wadley Burt was the granddaughter of William Morrill Wadley, the first President of the Central of Georgia Railroad; and
WHEREAS, she has left a foundation which will provide funds for college education of boys from Monroe County; and
WHEREAS, Mrs. Sarah Lois Wadley Burt leaves surviving her husband, Major William Gereau Burt, and her son, George Dole Wadley Burt.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby expresses its deepest sorrow and regrets for the passing of Mrs. Sarah Lois Wadley Burt, and ex presses its sincerest sympathy to her family.
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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is instructed to transmit a copy of this Resolution to Major William Gereau Burt and to George Dole Wadley Burt, Bolingbroke, Georgia.
HR 884. By Messrs. Matthews of the 29th, Anderson of the 71st, Farmer of the 29th, Poss of the 17th, Mrs. Merritt of the 68th and many others:
A RESOLUTION
Creating an interim study committee to study all matters relating to the feasibility of expanding educational facilities for the Middle Georgia area; and for other purposes.
WHEREAS, Major General Francis C. Gideon, Commanding Of ficer of the Warner Robins Air Material Area, addressed the House of Representatives on Wednesday, March 6, 1968; and
WHEREAS, during said address, General Gideon warned that the failure to expand educational facilities in the Middle Georgia area would stifle the growth and could eventually shut down Robins Air Force Base; and
WHEREAS, said Base employs over 18,000 civilians and is the largest single employer in the State of Georgia; and
WHEREAS, said Base is of fundamental importance to the econom ic well-being and prosperity of the entire State; and
WHEREAS, the problems regarding the lack of adequate education al facilities in the Middle Georgia area should be thoroughly studied at the earliest possible time.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Middle Georgia Educational Facilities Study Committee which shall be composed of ten members of the House of Representatives to be appointed by the Speaker of the House. Said Committee shall have the responsibility of studying all matters relating to expanding the higher and vocational education facilities in the Middle Georgia area. In connection with such study, said Committee shall specifically examine the possibility of expanding Middle Georgia College into a degree granting institution. Said Committee shall be authorized to consult with officials and other personnel of Robins Air Force Base and with such other persons as it deems necessary or desirable in carrying out its duties.
BE IT FURTHER RESOLVED that the members of the Committee shall receive the allowances authorized by law for legislative members of interim legislative committees. The Committee shall be authorized to meet for such number of days as the Speaker shall designate in order to complete its study and carry out the purposes of this resolution.
FRIDAY, MARCH 8, 1968
3201
BE IT FURTHER RESOLVED that the Committee shall submit a report, which report shall be accompanied by such proposed legislation as might be recommended by said Committee, to the 1969 session of the General Assembly. The Committee shall stand abolished on the day the 1969 session of the General Assembly convenes.
HR 885. By Messrs. Smith and Leonard of the 3rd, Johnson of the 40th, Reaves of the 99th, Bray of the 43rd and many, many others:
A RESOLUTION
Commending Atlanta Police Lt. Ben F. Rains; and for other pur poses.
WHEREAS, the members of the House of Representatives were fortunate throughout the 1968 Session to have assigned to them Atlanta Police Lt. Ben F. Rains; and
WHEREAS, Lt. Ben F. Rains went out of his way to assist and aid the members of the House on several occasions; and
WHEREAS, because of Lt. Ben F. Rains, this House has received an excellent impression of the Atlanta Police Department; and
WHEREAS, the members of this Body look forward to having Lt. Ben F. Rains assigned to help this Body next year.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Atlanta Police Lt. Ben F. Rains on his outstanding performance throughout the 1968 Session.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Lt. Ben F. Rains, Atlanta Police Department.
HR 886. By Mr. Miller of the 108th:
A RESOLUTION
Expressing appreciation to Mr. Jim Lee, Mr. George Patton and the Staff of WBML Radio, Macon, Georgia.
WHEREAS, WBML Radio has exhibited an outstanding spirit of public service in reporting the events of the General Assembly of Georgia; and
WHEREAS, WBML Radio has provided public service time on their platform program, to the members of the Bibb County Legislative Dele gation to permit open reporting to the citizens they serve; and
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WHEREAS, WBML Radio has, through their public service, pro vided to the citizens of the Middle Georgia area complete and compre hensive coverage of the Legislative Session of 1968.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that we do hereby express our gratitude and appreciation for this outstanding spirit of public service to the entire Management and Staff of WBML in Macon, Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the General Manager of WBML Radio.
HR 887. By Mrs. Merritt of the 68th:
A RESOLUTION
Requesting the Speaker to consider sending one or more female members of the House of Representatives to the National Conference of State Legislative Leaders; and for other purposes.
WHEREAS, the National Conference of State Legislative Leaders is being held in Hawaii in November of this year; and
WHEREAS, the two female members of the House of Representa tives would like to have their names considered by the Speaker when he names the delegates to attend the said conference.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker consider the names of the women members of the House of Representatives when he selects the delegates to the National Conference of Legislative Leaders.
HR 888. By Mrs. Merritt of the 68th:
A RESOLUTION
Requesting the Speaker of the House to send one or more women members of the House of Representatives to the conference being con ducted by the National Order of Women Legislators; and for other purposes.
WHEREAS, the National Order of Women Legislators has sched uled a meeting to be held in Annapolis, Maryland, in October of this year; and
WHEREAS, it is believed that the State of Georgia, the Georgia General Assembly and the National Order of Women Legislators will benefit if the Speaker authorizes one or more of the female members of the House of Representatives to attend the said meeting in October.
FRIDAY, MARCH 8, 1968
3203
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker appoint one or more of the female members of the House to attend the conference being conducted by the National Order of Women Legislators in Annapolis, Maryland, in October of this year. The expenses of the appointee or appointees shall be reimbursed to her or them from funds appropriated to or available to the legislative branch of the government.
HR 889. By Messrs. Ware of the 42nd, Dean of the 20th, Gaynor of the 114th and others:
A RESOLUTION
Creating an interim Aviation Study Committee; and for other pur poses.
WHEREAS, the aviation industry is fast becoming the largest in dustry in the State of Georgia; and
WHEREAS, the General Assembly recently enacted legislation creating the State Department of Air Transportation; and
WHEREAS, testimony by the Civil Air Patrol before the House and Senate Aviation Study Committees during 1967 indicated that over half of the states in the United States appropriate funds to support their respective Civil Air Patrols; and
WHEREAS, it is important that the members of the General As sembly meet their responsibilities by staying abreast of the needs and developments in this area.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim Aviation Study Committee to be composed of ten members of the House of Repre sentatives to be appointed by the Speaker of the House of Representa tives. The Committee shall meet monthly, or at the call of the Chairman of the Committee, with the Director of the Aviation Division of the Department of Industry and Trade for the purpose of reviewing the developments of the aviation industry in general. The Committee is further authorized to meet with the Board and Director of the State Department of Air Transportation when appointed. The Committee is also authorized to meet with officials of the Georgia Civil Air Patrol. The Committee is hereby authorized to attend aviation meetings and functions both within and without the State of Georgia to promote the aviation industry of Georgia. The members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for no more than fifteen days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly at which time the Committee shall stand abolished.
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HR 890. By Messrs. Lane and Nessmith of the 64th:
A RESOLUTION
Requesting the State Highway Department of Georgia to reopen the Burkhalter Road in Bulloch County, Georgia; and for other pur poses.
WHEREAS, Burkhalter Road extends from the Ogeechee River to the southwestern border of Bulloch County; and
WHEREAS, this road is one of the oldest roads in the State; and
WHEREAS, this road is of immense historical value, having sev eral of the oldest churches in the state located thereon; and
WHEREAS, legend has it as being originally an old Indian trail; and
WHEREAS, the traffic on this road is tremendous and it serves not only the citizens living along the road but numerous business ve hicles; and
WHEREAS, at the present time, a portion of the road one half to one mile long has been closed, necessitating a detour of several miles; and
WHEREAS, if this closed portion were reopened it would greatly increase the use of this road; and
WHEREAS, the elimination of the present detour by reopening all of the road, would result in a savings of thousands of dollars a year to the citizens and businesses presently using the road.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby request the State Highway Department to reopen the closed portion of Burkhalter Road for the benefit of the citizens and businesses presently using the road.
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 Honorable James L. Gillis, Sr., Director of the State Highway Department.
HR 891. By Messrs. Knapp and Wilson of the 109th, Caldwell of the 5th and Gaynor of the 114th:
A RESOLUTION
Creating an interim study committee to study the reorganization of the Department of Mines, Mining and Geology; and for other pur poses.
FRIDAY, MARCH 8, 1968
3205
WHEREAS, Georgia is rich in mineral resources that have not been utilized to their maximum capacity; and
WHEREAS, major changes and improvements in the State's pro gram and organization relating to the utilization of mineral resources are urgently required to foster mineral resources development as an integral part of the total plan for economic growth in this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Committee to Study the Reorganization of the Department of Mines, Mining and Geology", which shall consist of five members of the House of Representatives appointed by the Speaker thereof and three citizens of the State, other than members of the General Assembly, to be appointed by the Speaker at his discretion. Said committee shall study the reorganization of the Department of Mines, Mining and Geology.
BE IT FURTHER RESOLVED that the members of the committee who are members of the House of Representatives shall receive the allowances authorized to legislative members of interim legislative com mittees, but shall receive the same for no more than ten days. Members of the committee other than members of the House of Representatives shall receive no compensation or allowances for their services as mem bers of said committee. Such allowances and any other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or made available to the legislative branch of govern ment. The committee shall make a report of its findings and recom mendations to the 1969 Session of the General Assembly, at which time the said committee shall stand abolished.
HR 892. By Messrs. Smith of the 54th, Busbee of the 79th, Hale of the 1st, Lambert of the 38th, Jones of the 76th and many, many others:
A RESOLUTION
Commending Honorable Chappelle Matthews, Representative, 29th District, Post 2; and for other purposes.
WHEREAS, Honorable Chappelle Matthews, the distinguished gen tleman from the 29th District, Post 2, is one of the most influential and respected members of the General Assembly; and
WHEREAS, being originally elected to the House of Representa tives in 1949, he has served the people of Clarke County and the State of Georgia with outstanding honor and ability for almost 20 years; and
WHEREAS, because of his long experience and remarkable knowl edge of State government, his counsel is constantly sought by his col leagues in the General Assembly; and
3206
JOURNAL OF THE HOUSE,
WHEREAS, he serves with fairness, dedication, ability and skill as the Chairman of the University System of Georgia Committee and as a member of the Motor Vehicles and Rules Committees; and
WHEREAS, he has contributed to the development of the Uni versity System of Georgia into one of the finest State university sys tems in the South; and
WHEREAS, in addition to being an outstanding member of the House of Representatives, he holds many other positions of honor and trust.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby heartily commend Honorable Chappelle Matthews, the distinguished gentleman from the 29th District, for his many years of outstanding public service to the people 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 Chappelle Matthews.
HR 893. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th and Jones of the 76th:
A RESOLUTION
Commending Honorable J. C. (Moody) Daniel; and for other pur poses.
WHEREAS, the members of the House of Representatives recog nize the talents and the durability of one J. C. Moody Daniel, known henceforth as "Mile-A-Minute" Moody, for his tremendous endurance and stamina in covering the newly laid carpets of the House and its environs; and
WHEREAS, in recognition of his many miles covered in search of rumor, distortion and conjecture the House of Representatives has amended its budget to include an appropriation for a chromium plated, rust proof pedometer which the aforesaid Mr. Daniel can use in future sessions should he ever be put on a per mile expense account.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby present to Honorable J. C. Moody Daniel this chromium plated, rust proof pedometer in appreciation of his dedicated and tireless efforts on behalf of the offi cers and members of this august body.
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 J. C. Moody Daniel.
FRIDAY, MARCH 8, 1968
3207
HR 894. By Mr. Tucker of the 36th:
A RESOLUTION
Creating the Henry County Water Study Commission; and for other purposes.
WHEREAS, Henry County is experiencing rapid growth; and
WHEREAS, the only limitation on the development and expansion of industry in Henry County is an adequate water supply; and
WHEREAS, there is a need to conduct an in depth study of the water problems in Henry County in an effort to provide water facili ties in all parts of the county.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Henry County Water Study Commission to be composed of the Vice Chairman of the Board of Commissioners of Roads and Revenues of Henry County, the County Attorney, the Chairman and Secretary of the Henry County Water Authority and the Mayors of the cities of Stockbridge, Locust Grove, Hampton and McDonough. The Commission shall be authorized to conduct an exhaustive study of the water supply problems in Henry County, to consult with the engineers of the governing authorities of the county and the various municipalities, and to evaluate the problems, financial and otherwise, involved in the possible merger or consolidation of the respective water systems of each municipality and the county into a county-wide water system to be used jointly by the county and all municipalities located therein. The Commission shall elect such of ficers as may be necessary to transmit its business. The Commission shall be authorized to 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 accom plish the objectives and purposes of this Resolution. The members of the Commission shall receive no compensation for their services.
BE IT FURTHER RESOLVED that the Commission shall make a report of its findings and recommendations, including recommenda tions for proposed legislation, if any, to the 1969 Session of the General Assembly on or before January 1, 1969, at which time the Commission shall stand abolished.
HR 895. By Messrs. Walling of the 118th, Rainey of the 69th, Grahl of the 52nd, Levitas of the 118th and Townsend of the 140th:
A RESOLUTION
WHEREAS, Honorable Ed Dodd, was on March 6, 1968 named "National Conservationist of the Year 1967" by the National Wildlife Federation, the world's largest private conservation organization; and
3208
JOURNAL OP THE HOUSE,
WHEREAS, Ed Dodd is a native of LaFayette, Georgia, and he and his charming and gracious wife, Elsa, now live at "Lost Forest" near Sandy Springs, Georgia; and
WHEREAS, thousands of Georgia's children and youth have visited their home and enjoyed the surrounding lakes, woods, and fields; and
WHEREAS, Ed Dodd is the creator of the "Mark Trail" cartoon strip, which is now carried in 375 newspapers throughout the United States and in thirty foreign countries; and
WHEREAS, the "Mark Trail" cartoon strips are devoted to the theme of conservation of our natural environment through prevention of soil erosion and forest fires, protection of endangered wildlife species, natural beautification programs, anti-litter campaigns and promotion of outdoor recreation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Ed Dodd for his achievements in bringing enjoyment and the conserva tion message to millions of people all over the world and we do hereby express our appreciation and record our gratitude to him as a native and citizen of this State.
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 Ed Dodd.
HR 896. By Messrs. Matthews of the 29th, Jordan of the 82nd, Sweat of the 83rd, Pafford of the 97th, Smith of the 54th and Mixon of the 81st:
A RESOLUTION
Opposing the Proposed Marketing Agreement and Order regulat ing the handling of flue-cured tobacco; and for other purposes.
WHEREAS, the auction system has been the traditional method of selling tobacco and has satisfactorily served the needs of producers and purchasers; and
WHEREAS, the flue-cured tobacco industry has been able to work out its own marketing problems without intervention by the federal government; and
WHEREAS, the flue-cured tobacco industry in Georgia is fearful that the adoption of the Proposed Marketing Agreement and Order will be the death knell of the auction system; and
WHEREAS, the agricultural members of this august body have been unable to find a single tobacco farmer who endorses the Proposed Federal Marketing Agreement and Order.
FRIDAY, MARCH 8, 1968
3209
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby go on record as opposing the Proposed Marketing Agreement and Order of the Secre tary of Agriculture regulating the handling of flue-cured tobacco.
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 Orville Freeman, Secretary of the United States Department of Agriculture; to Honorable Claude G. Turner, Director, Tobacco Policy Staff, United States Department of Agriculture; and to Honorable Horace Godfrey, Administrator, ASCS, United States Department of Agriculture.
HR 897. By Messrs. Grahl of the 52nd and Clarke of the 45th:
A RESOLUTION
Expressing appreciation to Mrs. A. W. Bramblett, Sr.; and for other purposes.
WHEREAS, Mrs. A. W. Bramblett, Sr. is Georgia's gifted Poet Laureate; and
WHEREAS, she is widely recognized and respected for her out standing literary qualifications and achievements; and
WHEREAS, she is a credit to the State of Georgia and is held in the highest esteem and affection by the members of the General As sembly and by all persons who are fortunate enough to know her.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest appreciation to Mrs. A. W. Bramblett, Sr. for her outstanding dedica tion and efforts as Georgia's Poet Laureate.
BE IT FURTHER RESOLVED that Mrs. Bramblett is hereby respectfully urged and requested to use her extraordinary talents in periodically composing poems to be presented to the General Assembly.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this resolution to Mrs. A. W. Bramblett.
HR 898. By Mr. Laite of the 109th: A RESOLUTION
Commending Honorable Sam Nunn, Jr.; and for other purposes.
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JOURNAL OF THE HOUSE,
WHEREAS, the Honorable Sam Nunn, Jr., Chairman of the Middle Georgia Planning Commission, labored for many long and arduous hours attending to the many details necessary in order that Pabst Brew ing Company would locate its magnificent new brewing facility in Hous ton County, Georgia; and
WHEREAS, through the individual efforts, cooperation and as sistance extended by Sam Nunn, Jr. to all parties concerned, the State of Georgia will reap the benefits of the location of this magnificent industrial facility; and
WHEREAS, it is only befitting and proper that Sam Nunn, Jr. be recognized and commended for his many contributions to his State, county and community.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Honorable Sam Nunn, Jr. for the outstanding contribution which he has extended to his fellow Georgians.
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 Sam Nunn, Jr.
HR 899. By Messrs. Lewis and Newton of the 50th, Parker of the 55th, Hale of the 1st, Peterson of the 59th and many, many others:
A RESOLUTION
Commending Honorable William Burton Steis, Representative, 100th District; and for other purposes.
WHEREAS, Honorable William Burton Steis, the distinguished gentleman from the 100th District is one of the most influential and respected members of the General Assembly; and
WHEREAS, he was originally elected to the House of Representa tives for the 1959-60 term and has served continuously since that time; and State Senate 55-56;
WHEREAS, because of his experience, ability and willingness to be of help, his sage advice is constantly sought by his colleagues in the House of Representatives; and
WHEREAS, he serves with great ability and skill as the Chairman of the Special Judiciary Committee and as a member of the Appro priations and Defense and Veterans Affairs Committees; and
WHEREAS, it is rumored that he is considering seeking office in the Judicial branch of the State government; and
FRIDAY, MARCH 8, 1968
3211
WHEREAS, the Legislative branch of government would sorely miss his great ability, although it is recognized he would serve with honor, dedication and skill in any post he might seek; and
WHEREAS, he is originally from the State of Pennsylvania, but his love for and dedication to his adopted State of Georgia is well known to all members of the General Assembly and to his constituency which has wisely elected him for five consecutive terms.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby heartily commend Honorable William Burton Steis, the distinguished gentleman from the 100th District, for his many years of outstanding public service to the people of Georgia.
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 William Burton Steis.
HR 900. By Messrs. Lewis of the 50th, McCracken of the 49th, Paris of the 23rd, Dean of the 20th, Harris of the 85th, Hale of the 1st and many, many others:
A RESOLUTION
Commending and expressing appreciation to Honorable Geo. L. Smith II, Speaker of the House of Representatives; and for other purposes.
WHEREAS, Honorable Geo. L. Smith II, Speaker of the House of Representatives, is widely recognized as one of the most effective legislative leaders in the United States; and
WHEREAS, in recognition of his great ability, he was selected to serve as President of the National Conference of State Legislative Leaders in 1963-64 and presently serves as a member of the Executive Committee of said organization; and
WHEREAS, as a result of his outstanding leadership and dedica tion at the 1967 meeting of said organization, Atlanta was selected as the host city for the 1969 meeting of the Natonal Conference of State Legislative Leaders; and
WHEREAS, he has served for over 20 years in the House of Rep resentatives and has always demonstrated a sincere devotion to the House and the members thereof, as well as conducting himself with dignity, efficiency and great parliamentary skill; and
WHEREAS, during such time he served as Speaker Pro Tempore of the House from 1947 to 1954 and as Speaker from 1959 to 1962; and
WHEREAS, his skill as the presiding officer of the House and his knowledgeable, fair and impartial conduct of the business coming be-
3212
JOURNAL OF THE HOUSE,
fore said body provides an excellent example of legislative leadership at its best.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Geo. L. Smith II, Speaker of the House of Representatives, for his outstanding ability as a legislative leader and further expresses its sincere appreciation to him for conducting the business coming before the House of Representatives in a most efficient, fair and impartial manner.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to present an appro priately framed copy of this Resolution to Honorable Geo. L. Smith II.
HR 901. By Messrs. Barber of the 24th, Smith of the 54th, Wiggins of the 32nd, Odom of the 79th and Longino of the 122nd:
A RESOLUTION
Commending Honorable James H. "Sloppy" Floyd; and for other purposes.
WHEREAS, Honorable James H. "Sloppy" Floyd, Representative from the 7th District, has served with distinction in the House of Rep resentatives for all the years of his service; and
WHEREAS, he has served as Chairman of the all-important Ap propriations Committee of the House during the 1967-68 legislative sessions; and
WHEREAS, he has shown a rare ability to deal with the most insurmountable problems relative to the fiscal and budgetary matters of State Government; and
WHEREAS, he has steered the House on a course of fiscal responsi bility; and
WHEREAS, it has been made crystal clear to the members of this body that Chairman Floyd has looked long and hard at the budget and that he has held the line; and
WHEREAS, the gentleman from Chattooga is a man of his word and admired for his courage, convictions, and ability, and revered for his honesty in letting people know exactly where he stands on any given issue; and
WHEREAS, he is beloved by all his colleagues and is an asset to any body of which he is a member;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com-
FRIDAY, MARCH 8, 1968
3213
mend Honorable James H. "Sloppy" Ployd for his long and excellent service as a member of the House of Representatives and particularly for his outstanding achievements as Chairman of the Appropriations Committee of the House.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Honorable James H. "Sloppy" Floyd.
HR 902. By Messrs. Nessmith and Lane of the 64th:
A RESOLUTION
Commending the Statesboro High School "Blue Devils"; and for other purposes.
WHEREAS, the fabulous Statesboro High School "Blue Devils" Basketball Team won the State Class I-A Basketball Crown; and
WHEREAS, the "Blue Devils" were led to victory by the inspira tional guidance of Coach Ray Williams.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Statesboro High School "Blue Devils" and Coach Ray Williams for their winning of the Class I-A Basketball Title.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit sixteen copies of this Resolution to Coach Ray Williams, Statesboro High School, Statesboro, Georgia.
HR 903. By Messrs. Brantley of the 63rd, Nessmith and Lane of the 64th, Shuman of the 65th and many others:
A RESOLUTION
Endorsing the recommendations of the Southeast River Basins Study Committee; and for other purposes.
WHEREAS, the Southeast River Basins Study Committee in 1962 recommended the construction of a dam and reservoir seven miles east of Claxton on the Canoochee River; and
WHEREAS, the proposed dam and reservoir would cover approxi mately 17,000 acres in Bryan, Evans, Bulloch and Candler counties; and
WHEREAS, the construction of the proposed dam and reservoir would provide recreational facilities for approximately one-half million people who would be within one hours drive of the area; and
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JOURNAL OF THE HOUSE,
WHEREAS, there are no recreational facilities of this type in the southern one-third of the State of Georgia; and
WHEREAS, the Georgia Southern Area Planning and Development Commission has already endorsed this project.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby endorse the recom mendations of the Southeast River Basins Study Committee and urge that the recommendations be implemented in the most expeditious manner.
HR 904. By Messrs. Northcutt of the 35th, Tucker of the 36th, Wilson of the 102nd, McDaniell of the 101st and many, many others:
A RESOLUTION
Commending Honorable Mae Barber; and for other purposes.
WHEREAS, a member of the State House of Representatives from the 24th District has served his Representative District and the State of Georgia with distinction during the years of his membership in the House; and
WHEREAS, he is the Chairman of the all-important Standing Committee on Education of the House of Representatives; and
WHEREAS, he has shown great ability in objectively dealing with almost insurmountable problems relative to the educational affairs of the State of Georgia; and
WHEREAS, he has steered the Educational Committee and the whole House on a stable and responsible course of action in educational matters; and
WHEREAS, he has shown exceptional leadership responsibilities as:
(1) The leading advocate for adequate salaries for teachers;
(2) The leading exponent for the index salary schedule as a system of merit pay for teachers;
(3) A successful leader in the fight to defend and preserve sufficient local financial support for education in Georgia; and
(4) The author of the legislation which reduced retirement age for teachers, increased the benefits for "the aged" retired teachers and co-sponsored the new teacher retirement act; and
FRIDAY, MARCH 8, 1968
3215
WHEREAS, he has always shown his true devotion to the cause of education and its pursuit of excellence by serving as:
(1) A member and chairman of the Commerce Board of Edu cation;
(2) A member of the Governor's Commission to Improve Edu cation ;
(3) Chairman of the Governor's Conference on Education in 1964 and 1965;
(4) President, Georgia School Boards Association in 1964 and 1965;
(5) Chairman of the Education Section of the Georgia Com mittee for Children and Youth; and
(6) A member of the Board of Directors, State Y.M.C.A. of Georgia; and
WHEREAS, he delivered an outstanding speech to the Southern Regional Education Board Conference in August, bringing credit to the Southern Legislatures whom he represented; and
WHEREAS, he has either authored or co-authored and passed more legislation dealing with education than any other member to serve in the General Assembly of Georgia; and
WHEREAS, he presided at all times in a fair and impartial man ner; and
WHEREAS, he is beloved by his colleagues and respected for his courage, ability and integrity; and
WHEREAS, it is the desire of the members of the House of Rep resentatives to recognize this outstanding Georgian for his accomplish ments and achievements in the field of education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby designate the Hon orable Mac Barber as "Mr. Education of Georgia" and commends him as the most outstanding contributor to the field of education in this State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to the Honorable Mac Barber.
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JOURNAL OF THE HOUSE,
SR 246. By Senators Fincher of the 54th and Pennington of the 45th:
A RESOLUTION
Creating an interim committee to study salaries of department heads and other State officials whose compensation is fixed by law; and for other purposes.
WHEREAS, there is a much needed study into the area of salaries of department heads and other State officials whose salaries are fixed by law; and
WHEREAS, in order to act intelligently upon requests for changes in compensation of such officials, an exhaustive study into the area of compensation of such officials is required by the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is hereby created an interim study committee to be composed of five members of the Senate to be appointed thereto by the President and five members of the House of Representatives to be appointed thereto by the Speaker of the House. The committee shall make a thorough and exhaustive study into the area of the compensa tion of State officials and employees whose salaries are fixed by the General Assembly. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time it shall stand abolished. The committee is authorized to meet for a period not in excess of ten days. The members of the committee shall receive compensation, per diem, expenses and allowances authorized for members of interim legislative study committees. The funds necessays for the purpose of this Resolution shall come from funds appro priated and available to the legislative branch of the government.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 332. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 31-110, so as to provide that a widow shall be barred from dower if she fails to apply for dower within twelve months of the death of her husband; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Mr. Murphy of the 26th moves to amend HB 332 by striking from sub-section 3 of Section 31-110 of Section One the words and figures "twelve (12) months", and inserting in lieu thereof the words and figures "three (3) years".
FRIDAY, MARCH 8, 1968
3217
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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SR 183. By Senators Hall of the 52nd and Plunkett of the 30th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for grants or scholarships to citizens of Georgia who are students attending colleges or universities which are not branches of the University System of Georgia, and to authorize the General Assembly to provide the procedures for making such grants or scholarships and to provide appropriations for such pur poses; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph II of the Constitu tion is hereby amended by adding at the end thereof the following:
"The General Assembly is authorized to provide by law for grants or scholarships to citizens of Georgia who are students at tending colleges or universities in this State which are not branches of the University System of Georgia. The General Assembly shall provide the procedures under which such grants or scholarships shall be made and is authorized to provide appropriations for such purposes."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for grants or scholarships to citizens of Georgia who are students
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JOURNAL OF THE HOUSE,
attending colleges or universities which are not NO ( ) branches of the University System of Georgia, and
to authorize the General Assembly to provide the pro cedures for making such grants or scholarships and to provide appropriations for such 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 following Committee substitute was read and adopted:
A RESOLUTION
Creating an interim study committee on the advisability of pro viding grants or scholarships to students wishing to attend colleges or universities which are not a part of the University System of Georgia; and for other purposes.
WHEREAS, as the cost of higher education continues to skyrocket, many students are prevented for financial reasons from gaining the advantages of a college education; and
WHEREAS, a possible answer to such a deterrent to securing addi tional education benefits would be scholarships for such students at State expense; and
WHEREAS, there are many intricate and complicated problems connected with such a program which should be thoroughly investigated before this new area is entered by State government.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created an interim study committee to be composed of three Senators to be appointed thereto by the President of the Senate and three members of the House of Representatives to be appointed thereto by the Speaker of the House. The committee shall make a thorough and exhaustive study into the advisability of providing a program of State-sponsored grants or scholarships for students desiring to attend colleges or universities which are not a part of the University System of Georgia. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time it shall stand abolished.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
FRIDAY, MARCH 8, 1968
3219
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Ballard Barber 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 Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards
Fallin
Farmer Farrar Floyd Funk Gary Gay Gaynor Graves Grier Gunter Hall Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Joiner Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin
Maxwell
McClatchey McCracken McDaniell Merritt Miller Mixon Moore, J. H. Mullinax Murphy Nessmith Newton Nimmer Northcutt Odoni Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Poss Potts Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R.
Threadgill
3220
Tucker Turner Tye Underwood Vaughn, C. E.
JOUENAL OF THE HOUSE,
Wamble Ward Ware Wells Westlake
Whaley Williams Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bennett Busbee Caldwell Collins, J. F. Cook DeLong Dickinson Egan Fleming Gignilliat Grahl Hadaway Hale Hamilton
Harris, J. F. Hill Howell Johnson, B.
Jones, C. M. Jordan, W. H. Laite Longino Matthews, D. E. Melton Moate Moore, Don C. Moreland Nash Parker, H. W.
Pickard Ragland Eainey Ross Shields Snow Sullivan Town send Vaughan, D. N. Walling Wiggins Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 162, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
SB 202. By Senators Smith of the 18th, Brown of the 46th, Johnson of the 42nd and others:
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 amended, as to place the Board of Pardons and Paroles and the State Board of Probation under the provisions of said Act for rule making purposes; 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 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 8, 1968
3221
SB 231. By Senators Stephens of the 36th, Smith of the 18th, Abney of the 53rd and others:
A Bill to be entitled an Act rlating to subpoenas, so as to provide that no subpoena shall be issued to command any member of the General Assembly to attend trial, produce books or tangible things while the General Assembly is in session; 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 176, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 322. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act pertaining to the regis tration and licensing of motor vehicles in counties throughout the State, so as to provide for special and distinctive automobile license plates for members of the General Assembly; 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 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 76. By Senator Bateman of the 27th:
A Resolution to relieve All-State Bonding as surety on four appearance bonds and to cancel four Fi Fas issued against All-State Bonding Company; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 167, nays 0.
3222
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 1010. By Messrs. Busbee of the 79th and Gates of the 123rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, so as to provide that regular employees of the Georgia Fireman's Pension Fund who work at least 20 hours per week shall be eligible for membership in the fund; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act entitled "An Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia; to provide for a board of trustees to receive and disburse such funds; to provide a secretary-treasurer; to provide the powers and duties of such board; to provide for the pay ment of pensions; to provide for refunds and repayments to persons who may be entitled to receive same; to define words and phrases; to repeal conflicting laws; and for other purposes.", approved March 3, 1955 (Ga. Laws 1955, p. 339), as amended by an Act approved February 28, 1956 (Ga. Laws 1956, p. 368), an Act approved March 8, 1957 (Ga. Laws 1957, p. 323), an Act approved March 17, 1960 (Ga. Laws 1960, p. 991), an Act approved April 15, 1961, (Ga. Laws 1961, p. 417), an Act approved March 3, 1962 (Ga. Laws 1962, p. 550), an Act approved April 2, 1963 (Ga. Laws 1963, p. 266), and an Act approved March 7, 1966 (Ga. Laws 1966, p. 242), so as to change the amount of monthly pension benefits; to provide an effective date; to provide for benefits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia; to provide for a board of trustees to receive and disburse such funds; to provide a secretary-treasurer; to provide the powers and duties of such board; to provide for the payment of pen sions; to provide for refunds and repayments to persons who may be entitled to receive same; to define works and phrases; to repeal conflict ing laws; and for other purposes.", approved March 3, 1955 (Ga. Laws 1955, p. 339), as amended by an Act approved February 28, 1956 (Ga. Laws 1956, p. 368), an Act approved March 8, 1957 (Ga. Laws 1957, p. 323), an Act approved March 17, 1960 (Ga. Laws 1960, p. 991), an Act approved April 5, 1961 (Ga. Laws 1961, p. 417), an Act approved March 3, 1962 (Ga. Laws 1962, p. 550), an Act approved April 2, 1963
FRIDAY, MARCH 8, 1968
3223
(Ga. Laws 1963, p. 266), and an Act approved March 7, 1966 (Ga. Laws 1966, p. 242), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. Those firemen or volunteer firemen who are now serving as such shall make application through the board for mem bership in said fund within six (6) months from the approval of this Act. All those persons who subsequently become firemen or vol unteer firemen shall make application for membership in such fund within four (4) months from the date of becoming such firemen or volunteer firemen. Each eligible fireman or volunteer fireman shall pay to the secretary-treasurer of the board the sum of five ($5.00) dollars each month not later than the 10th day of each month. Any member who becomes six (6) months behind in making said payment shall be removed from membership in the fund, and shall never be entitled to receive any pension or benefits whatsoever under this Act."
Section 2. Said Act is further amended by striking Section 5A in its entirety and substituting in lieu thereof a new Section 5A, to read as follows:
"Section 5A. (a) Any member of the fund who leaves his work as a fireman or volunteer fireman and who, at such time, is in good standing with the fund, and who elects to leave in the fund dues which he has theretofore paid, shall be entitled to receive credit for those years of eligible service which he had at the time he left such work, if he later returns to work as a fireman or volunteer fireman and begins paying dues to the fund.
(b) Any member who withdraws the money which he has paid into the fund while still a fireman or volunteer fireman shall be allowed six (6) months in which to make proper application to the board for reinstatement of membership in the fund, and he must pay to the secretary-treasurer all the money so withdrawn, with interest at the rate of six (6) per cent per annum from the date of such withdrawal, plus the dues which he would have been required to pay had he remained a member of the fund from the date of the with drawal to the date of his reinstatement, with interest thereon at the rate of six (6) per cent per annum.
(c) Any member who withdraws the amount which he has paid while serving as a fireman or volunteer fireman and who fails to meet the requirements of reinstatement provided in this paragraph, shall forfeit all rights to receive credit for previous years' service in the event he shall at some future date be entitled to membership in the fund.
(d) In the event a member leaves his work as a fireman or vol unteer fireman and withdraws the money which he has paid into the fund, and in the future once again becomes a fireman or volunteer fireman, he shall be eligible to once again become a member of the fund and receive credit for previous years' service if he pays to the secretary-treasurer all the money withdrawn, with interest thereon
3224
JOURNAL OF THE HOUSE,
at the rate of six (6) per cent per annum. If he fails to pay such amount with interest, he shall be considered as a new member.
(e) In no event shall a member be allowed more than two (2) withdrawals and two (2) reinstatements.
(f) Any member who withdraws his contributions from the fund and continues to work for a fire department or volunteer fire department more than six months after withdrawal shall not be eligible for membership in the fund.
(g) Any fireman or volunteer fireman who shall be granted a bona fide leave of absence for any reason shall not be entitled to receive credit for the time spent on such leave of absence; upon his return to active service as a fireman or volunteer fireman, he shall be allowed to continue making payments to the fund."
Section 3. Said Act is further amended by striking Section 5B in its entirety and substituting in lieu thereof a new Section 5B to read as follows:
"Section 5B. Firemen and volunteer firemen who were serving as such when the system was instituted and failed to become mem bers of the system, or those who became members and have since withdrawn, or who have since been employed by a fire department and failed to become a member of the system within the time pre scribed by law and now desire to become a member of the system are hereby authorized to apply for membership therein, subject to the following conditions:
(1) Said firemen and volunteer firemen shall make appli cation for membership upon a form to be furnished by the fund, to be sworn to before a notary public, and in addition thereto shall furnish a physician's certificate showing the true physical condition of the applicant. The Board of Trustees of said fund may order a reexamination of any applicant for membership in the fund by another physician at any time. The Board is hereby authorized and empowered to pass upon and determine the eligi bility of all applicants for membership. The cost of such reexamination shall be paid by the Georgia Fireman's Pension Fund.
(2) The application form shall provide a space for the chief of the fire department or city clerk to certify under oath as to the creditable service of the applicant.
(3) Applications under this provision shall be accompan ied by check, money order or cash in an amount equal to a contribution of five ($5.00) dollars per month from July 1, 1955, or from the date on which applicant first became eligible to apply for membership in the fund, together with simple inter est thereon at the rate of six (6) per cent per annum, as shown by a prepared table furnished by the fund.
FRIDAY, MARCH 8, 1968
3225
(4) No fireman or volunteer fireman fifty (50) years or older shall be eligible to apply for membership in the fund unless such fireman or volunteer fireman shall have at least fifteen years of creditable service as a fireman or volunteer fireman.
(5) Application for membership in the fund from those persons qualifying hereunder will be received from September 1 through October 31, 1968, after which date no delinquent ap plication will be received.
(6) Those firemen and volunteer firemen admitted to the fund under this Act shall not be eligible for retirement or dis ability benefits under the fund until they have completed not less than two (2) years of continuous creditable service from the date of admission to the fund.
Section 4. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows:
"Section 7. Any eligible fireman or volunteer fireman who has served twenty-five (25) years as a fireman or volunteer fireman in the State of Georgia, upon application to the board and approval thereof by the board, shall be retired upon monthly pension of one hundred ($100.00) dollars. Provided that any fireman or volunteer fireman retiring after twenty-five (25) years of service, but before reaching the age of sixty (60) years, may cease his monthly five ($5.00) dollar payment to the fund, and upon reaching the age of sixty (60) years, and being otherwise eligible, he shall be paid a pen sion of one hundred ($100.00) dollars per month. Provided further that no person shall receive a pension hereunder prior to April 1, 1956, but those persons eligible and retiring prior to said date and who have paid into the fund five ($5.00) dollars per month for not less than twelve (12) consecutive months shall be retired upon a pen sion of fifty ($50,00) dollars per month. Provided further that no person shall be eligible for a pension hereunder until his official duties shall have terminated. Provided futher that no person shall be eligible for a pension hereunder if retired from any fire department prior to the approval of this Act."
Section 5. Said Act is further amended by striking Section 7-A in its entirety and substituting in lieu thereof a new Section 7-A to read as follows:
"Section 7-A. (a) Any 'fireman' or 'volunteer fireman' as de fined in this Act, who is a member of the fund and who becomes totally and permanently disabled as a result of bodily injury while actively engaged in the performance of such 'fireman' or 'volunteer fireman's' official duties, shall be entitled to receive disability bene fits in the amount of one hundred ($100.00) dollars per month. Pro vided, however, no such person shall be eligible for such benefits until at least six (6) months from the date such person sustained the injury causing such disability.
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JOURNAL OF THE HOUSE,
(b) Any 'fireman' as defined by this Act, who is a member of the fund and who shall become totally and permanently disabled so as to be incapable of serving as a 'fireman' as defined in this Act as a result of heart disease or respiratory disease, shall be entitled to receive benefits in the amount of one hundred ($100.00) dollars per month. Provided, however, no such person shall be entitled to any benefits as a result of disability from heart disease or respiratory disease, unless such person shall have served at least five (5) con secutive years as a 'fireman' immediately preceding the date of disability."
Section 6. This Act shall become effective on April 1, 1968.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Cheeks of the 104th moved that the House agree to the Senate substitute.
On the motion, the ayes were 170, nays 0.
The Senate substitute to HB 1010 was agreed to.
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 Bill of the House, to-wit:
HB 1423. By Messrs. Barber of the 34th, Stalnaker of the 59th, Wells of the 30th, Lewis of the 50th, Newton of the 50th, Lovell of the 6th and others: A Bill to provide for tenure salary and compensation for those elective officers the election of which is provided for by Articles IV and V of the Georgia Constitution of 1945; and for other purposes.
The Senate adheres to its disagreement to the House substitute and has ap pointed a Committee of Conference to confer -with a like committee on the part of the House on the following Bill of the Senate, to-wit:
SB 374. By Senator London of the 50th: A Bill to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; to provide for elec-
FRIDAY, MARCH 8, 1968
3227
tion, qualifications of said board; and filling of vacancies of members of said board; to provide for an oath; to repeal conflicting laws; and for other purposes.
The President has appointed on the part of the Senate the following: Senators London of the 50th, Andrews of the 49th, and Lee of the 47th.
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1037. By Mr. Conner of the 91st:
A Bill to amend an Act establishing the Employees' Retirement System relating to prior service as a member of the General Assembly; and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:
SB 374. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; and for other purposes.
Mr. Lovell of the 6th moved that the House insist on its position in substitut ing the same, and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Messrs. Lovell of the 6th, Moate of the 39th and Dorminy of the 72nd.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 1423. By Messrs. Barber of the 24th, Stalnaker of the 59th, Wells of the 30th and others:
A Bill to be entitled an Act to provide for tenure salary and compensa tion for those elective officers the election of which is provided for by
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JOURNAL OF THE HOUSE,
Articles IV and V of the Georgia Constitution of 1945; and for other purposes.
The following Senate amendments were read:
The Committee on Economy, Reorganization and Efficiency in Gov ernment moves to amend HB 1423 as follows:
By adding in Section 2 after the following:
"Attorney General,"
the following:
"Commissioner of Labor".
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. This Act shall become effective July 1, 1968."
Senator Minish of the 48th moves to amend HB 1423 (Committee amend ment) by striking the words "effective July 1, 1968" where they appear in Section 3 and inserting in lieu thereof the words "October 16, 1968".
Senator Pennington of the 45th moves to amend House Bill No. 1423 as follows:
By striking in the caption the following:
"those elective officers the election of which is provided for by Article IV and V of the Georgia Constitution of 1945",
and inserting in lieu thereof the following:
"certain officers and officials".
By adding in the first sentence of Section 1 after "1945," the following:
"and the Director of the State Highway Department and the State Revenue Commissioner".
And, by striking in Section 2 the following: "Lieutenant Governor,".
Mr. Jones of the 76th moved that the House agree to the Senate amendments.
FRIDAY, MARCH 8, 1968
3229
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Barber Berry, C. E. Black Blalock Brantley, H. H.
Bray Caldwell Clarke Collins, M. Colwell Conner Cox Crowe, William Crowe, W. J.
Dailey Daugherty Dent Dillon Doster Edwards Gay Grahl
Grier Had away Hall Harrison Henderson Holder Hood Howell Johnson, A. S. Johnson, B. Joiner Jones, C. M. Kaylor Lambert Lane, Dick Lewis Longino Mason Matthews, C. McCracken Miller Mixon Parker, C. A.
Those voting in the negative were Messrs.:
Alexander Anderson Battle Bennett Berry, J. K. Bond Bostick Bo wen Branch Brown, B. D. Brown, C. Cheeks Cole Cook Cooper, B. Cooper, J. R. Da vis Dean DeLong Dixon Dodson Dollar Dorminy
Douglas Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gaynor Graves Gunter Harrington Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill Howard Hutchinson Jones, M. Jordan, G. Kirksey
Peterson Phillips Pickard Poss Reaves Roach Rowland Russell Scarlett Shanahan Shuman Simmons Smith, J. R. Smith, V. T. Stalnaker Steis Sullivan Underwood Walling Ward Wells Williams
Laite Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lovell Lowrey Magoon Malone Matthews, D. R, Mauldin Maxwell McClatchey McDaniell Melton Merritt Moore, J. H. Mullinax Murphy Newton Northcutt
3230
Odom Otwell Pafford Palmer Paris Parrish Rainey Richardson Rush Savage Sherman
JOURNAL OF THE HOUSE,
Shields Sims Smith, G. W. Smith, W. L. Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker
Vaughan, D. N. Wamble Ware Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Ballard Barfield Brantley, H. L. Buck Busbee Carnes Gates Cato Chandler Collins, J. P. Dickinson Gignilliat
Hale Hamilton Hargrett Jenkins Jordan, W. H. Knapp Lambros Land Moate Moore, Don C. Moreland Nash
Nessmith Nimmer Oglesby Parker, H. W. Potts Ragland Ross Snow Turner Tye Vaughn, C. R. Mr. Speaker
On the motion to agree, the ayes were 68, nays 101. The Senate amendments to HB 1423 were disagreed to.
Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 225. By Senators Coggin of the 35th and Rowan of the 8th:
A Bill to be entitled an Act to provide that any person who keeps, main tains, employs or carries on a game for the hazarding of money or other thing of value, or permits the paying of money or keeps or employs a device or equipment for the hazarding of money shall be guilty of a felony; and for other purposes.
FRIDAY, MARCH 8, 1968
3231
The following amendment was read and adopted:
Mr. Caldwell of the 51st moves to amend Senate Bill No. 225, as follows:
By inserting in the title immediately after the phrase:
"A Bill to be entitled an Act to provide that",
the following:
"any person who solicits another to commit certain acts, with the intent to defraud or deceive said person; or".
By striking the first sentence of Section 1, and inserting in lieu thereof the following:
"Any person who solicits another person to commit any of the following acts, with the intent to defraud or deceive said person, on or adjacent to the premises of any business operated for pecuniary gain shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment for not less than one nor more than five years:".
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 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 320. By Senators Lee of the 47th, Smalley of the 28th, McKenzie of the 17th and Maclntyre of the 40th: A Bill to be entitled an Act to amend Code Section 56-407A, so as to pro vide that the uninsured motor vehicle endorsement may contain provi sions excluding the insurer from liability for injury or destruction to property of the insured for which he has been compensated by other property or physical damage insurance; and for other purposes.
A substitute, offered by Mr. Jones of the 112th, was read and ruled out of order by the Speaker.
Mr. Lambros of the 130th moved that SB 320 and all amendments thereto be tabled.
3232
JOURNAL OF THE HOUSE,
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Anderson Battle Bennett Berry, J. K. Black Bond Bostick Bowen Branch Brantley, H. L. Bray Brown, B. D. Caldwell Cato Clarke Cole Collins, J. F. Collins, M. Conner Cooper Crowe, William Crowe, W. J. Dailey Dean Dent Dodson Dollar Doster Douglas Edwards Fallin Floyd Gay Gunter
Hall Harrington Harris, J. F. Harrison Henderson Hill Holder Hood Howard Hutchinson Johnson, A. S. Joiner Jordan, G. Kirksey Knapp Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Lewis Longino Lovell Magoon Malone Mason Mauldin McClatchey McCracken McDaniell Melton Miller Mixon Nash Newton
Nimmer Northcutt Odom Palmer Paris Parker, H. W. Parrish Peterson Phillips
Poss Potts Reaves Richardson Roach Rowland Rush Savage Scarlett Smith, V. T. Smith, W. L. Stalnaker Sweat Threadgill Tucker Tye Underwood Vaughan, D. N. Ward Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Alexander Ballard Berry, C. E. Brantley, H. H. Brown, C. Buck Carnes Cheeks Cooper, J. R. Cox Daugherty
DeLong Dillon Dixon Egan Farmer Farrar Fleming Gary Grahl Graves Grier
Harris, J. R. Jenkins Jones, C. M. Jones, M. Kaylor Lee, W. S. Levitas Lowrey Matthews, C.
Matthews, D. R. Maxwell Merritt Moore, J. H. Mullinax Oglesby Otwell Parker, C. A.
FRIDAY, MARCH 8, 1968
Rainey Russell Shanahan Sherman Sims Smith, G. W. Smith, J. R. Starnes
3233
Steis Thompson, A. W. Thompson, R. Turner Wamble Ware Williams
Those not voting were Messrs.:
Barber Barfield Blalock Busbee Gates Chandler Colwell Cook Davis Dickinson Dorminy Punk Gaynor Gignilliat Hadaway Hale
Hamilton Hargrett Harris, R. W. Higginbotham Howell Johnson, B. Jordan, W. H. Laite Lambert Land Leggett Moate Moore, Don C. Moreland Murphy Nessmith
Pafford Pickard Ragland Ross Shields Shuman Simmons Snow Sullivan Townsend Vaughn, C. R. Walling Wells Mr. Speaker
On the motion, the ayes were 105, nays 54.
The motion prevailed, and SB 320 was placed on the table.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendment and has appointed a Committee of Con ference on the following Bill of the House, to-wit:
HB 1012. By Mr. Smith of the 54th: A Bill to amend an act establishing the Georgia Legislative Retirement System, so as to provide a new definition for "Prior Service" and for other purposes.
The President has appointed on the part of the Senate the following: Senators Webb of the llth, Gillis of the 20th, and Smith of the 18th.
3234
JOURNAL OF THE HOUSE,
The Senate insists on its substitute to the following Resolution of the House, to-wit:
HR 6-1. By Messrs. Smith of the 54th, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and others:
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.
The Senate hs passed by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1071. By Messrs. Starnes, Lowrey and Graves of the 13th, Jones and Buck of the 112th and Thompson of the lllth:
A Bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the tax imposed by said Act all sales by municipalities and counties arising out of their operation of any public transit authorities or charges by such municipalities, counties or authorities for the transportation of passengers upon their conveyances; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1012. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide a new definition for "Prior Service"; and for other purposes.
Conference Committee Report on H. B. No. 1012
The Conference Committee on H. B. No. 1012 recommends the following:
(1) That the Senate recede from its position on the Senate amendment.
(2) That the bill as passed by the House be amended as follows:
By striking from Section 3 the following: "10 years" and insertinserting in lieu thereof the following: "15 years".
Respectfully submitted:
FOR THE SENATE
Hugh M. Gillis Senator, 20th District Stanley E. Smith, Jr. Senator, 18th District Julian Webb Senator, llth District
FOR THE HOUSE OF REPRESENTATIVES
George D. Busbee Representative, 79th District Charles M. Jones Representative, 76th District James W. Paris Representative, 23rd District
FRIDAY, MARCH 8, 1968
3235
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:
Those voting in the affirmative were Messrs.
Alexander Anderson Ballard Barber Battle Bennett Berry, C. B. Berry, J. K. Black Bond Bostick Branch Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck Busbee Caldwell Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty DeLong Dent Dickinson Dillon Dixon Dodson Dollar Douglas Edwards Fallin Farrar
Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Grier Hall Hamilton Harrington Harris, J. F. Harris, R. W. Harrison Henderson Hill
Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Malone Matthews, C.
Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Murphy Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Poss Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons
Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith W. L. Snow Starnes Steis
3236
Sullivan Sweat Thompson, R. Tucker Turner Tye
JOURNAL OF THE HOUSE,
Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward
Wells Whaley Williams Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Blalock
Wood
Those not voting were Messrs.:
Adams Barfield Bowen Carnes Colwell Cook Cox Davis Dean Dorminy Doster Egan Farmer Gignilliat Gunter Hadaway
Hale Hargrett Harris, J. R. Higginbotham Jenkins Jordan, W. H. Lane, W. J. Leggett Magoon Mason McCracken Moate Moore, Don C. Moore, J. H. Moreland Mullinax
Nash Peterson Pickard Potts Ragland Ross Shuman Stalnaker Thompson, A. W. Threadgill Townsend Ware Westlake Wiggins Winkles Mr. Speaker
On the motion, the ayes were 155, nays 2.
The report of the Committee of Conference on HB 1012 was adopted.
The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HR 6-1. By Messrs. Smith of the 54th, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and others:
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.
Mr. McCracken of the 49th moved that the House insist on its position in disagreeing to the Senate substitute and that a Committee of Conference be ap-
FRIDAY, MARCH 8, 1968
3237
pointed on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Messrs. McCracken of the 49th, Wiggins of the 32nd and Lambert of the 38th.
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 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.
The following Committee substitute was read:
A BILL
To be entitled an Act to create the Trial Judges and Solicitors Retirement Fund; to provide a short title; to provide for definitions; to provide that said Fund shall be administered by the Board of Trustees of the Employees' Retirement System; to provide for ex officio members on the Board of Trustees of the Employees' Retirement System for the purpose of administering said Fund; to provide that said Board shall have control of the funds and may invest same; to authorize the Board to employ agents; to provide for the powers and duties of the Board; to provide that the Board may make and promulgate rules and regulations to carry out the provisions of this Act; to provide that the Board shall keep records and submit financial statements; to authorize the Board to accept gifts; to provide who shall be members of said Fund; to provide limitations upon becoming a Superior Court Judge or Solicitor General Emeritus; to provide for employer and employee contributions; to pro vide that employer contributions shall be payable from State funds appropriated or available for the operation of the superior courts; to provide for the submission of certain reports and affidavits; to provide for the collection and payment of employees contributions; to provide that the State Treasurer shall withhold State payments to certain gov ernmental units under certain circumstances; to provide credit for prior service under certain conditions; to provide for the transfer of credits from the Employees' Retirement System to said Fund; to provide for retirement and disability benefits and the requirements associated there-
3238
JOURNAL OF THE HOUSE,
with; to provide that the Attorney General shall be legal advisor to the Board; to provide exemptions from taxation; to provide for penalties; to provide for the adoption and distribution of rules and regulations; to provide when the employer and employee contributions required by this Act shall begin; to provide for severability; to provide for the procedures connected with the foregoing; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Trial Judges and Solicitors Retirement Fund Act".
Section 2. Definitions, (a) "Fund" means the Trial Judges and Solicitors Retirement Fund.
(b) "Inferior Courts", for the purposes of this Act means courts which have certain concurrent jurisdiction with the superior courts and which are empowered to conduct trials by jury and try State offenses and which have presiding judges and solicitors, but said term shall not include civil and criminal courts of Fulton County, courts of ordinary, justice courts, police courts, mayors' courts, municipal courts, small claims courts, and any courts, by whatever name called, which were created by or are operated under the provisions of city charters.
(c) "Board" means the Board of Trustees of the Employees' Retire ment System of Georgia and the ex officio members of said Board pro vided for in Section 3 of this Act.
(d) "Creditable Service" means service performed as a contributing member of the Fund after June 30, 1968, while a superior court judge, solicitor general or judge or solicitor of an inferior court, and service performed prior to June 30, 1968, as judge or solicitor of an inferior court when employer and employee contributions for such prior service are paid into said Fund as provided for in this Act.
(e) "Employer" shall mean the State of Georgia. Section 3. (a) There is hereby created the Trial Judges and Solici tors Retirement Fund which shall be administered by the Board of Trustees of the Employees' Retirement System of Georgia; provided, however, that only for the purpose of administering said Fund, one superior court judge and one solicitor general shall be ex officio members of the Board of Trustees of the Employees' Retirement System and shall be elected as hereinafter provided.
(b) The ex officio member who shall be a superior court judge shall be elected annually by the Council of Superior Court Judges for the State of Georgia. The first such judge shall be elected at the regular June, 1968, meeting of the Council of Superior Court Judges, and the term of office as ex officio member on said Board shall begin on July 1, 1968 and expire on June 30, 1969. Subsequent members shall be elected or reelected annually thereafter at the June meeting of such Council, and shall take office on July 1, following their election. The ex officio
FRIDAY, MARCH 8, 1968
3239
member who shall be a solicitor general shall be elected annually by the Solicitors General Association of Georgia. The first such solicitor gen eral shall be elected at the regular June, 1968, meeting of the Solicitors General Association of Georgia, and the term of office as an ex officio member on said Board shall begin on July 1, 1968, and expire on June 30, 1969. Subsequent members shall be elected or reelected annually there after at the June meeting of such Association, and shall take office on July 1, following their election.
Section 4. (a) The Board shall have control of the funds provided for in this Act, and all funds received by the Board shall be deposited in a special account to the credit of the Trial Judges and Solicitors Re tirement Fund. The benefits provided for in this Act and all administra tive expenses shall be paid from said special account. The Board shall have authority to expend the funds in accordance with the provisions of this Act.
(b) The Board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. Subject to said terms, conditions, limitations and restrictions, the Board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the Fund.
(c) The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the Board so authorizes.
Section 5. The Board is hereby given the following powers and duties: to contract with proper Federal authorities for Old Age, Sur vivor's and Disability Insurance coverage under the Social Security Act; to provide for the collection of all money provided for in this Act; to provide for the payment of all administrative expenses; to hear and decide all applications for retirement and disability benefits provided for under this Act; and in keeping with the actuarial soundness of the Fund, from time to time and after an actuarial investigation into the benefit structure of the Fund, adopt such tables as it shall deem desirable in connection with the proper operation of the Fund; to provide for the payment of all retirement and disability benefits that may be determined to be due under the rules and regulations as adopted by the Board; to make and promulgate all necessary rules and regulations not inconsis tent with the laws of the State of Georgia to carry out the provisions of this Act; to determine eligibility of persons to receive retirement bene fits, and disability benefits under the provisions of this Act; to make provisions for refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings and all other powers necessary for the proper administration of the provisions of this Act.
Section 6. The Board shall keep permanent records of all its accounts in granting retirement and disability benefits, and shall keep
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records and books concerning the operation of the Board. The Board shall present each year at the beginning of the regular session of the General Assembly an annual financial statement of the Fund.
Section 7. The Board may take by gift, grant or bequest, any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said Fund in accordance with the provisions of this Act.
Section 8. (a) Any person, except as otherwise provided in subsec tion (c) of this Section, becoming a superior court judge or solicitor general for the first time, or a judge or solicitor of an inferior court, after June 30, 1968, shall be a member of the Trial Judges and Solicitors Retirement Fund, and shall begin making employee contributions into said Fund as provided for hereinafter.
(b) Any judge of the superior court or solicitor general, except as otherwise provided in subsection (c) of this Section, whose office was created at the regular 1968 session of the General Assembly shall be a member of the Trial Judges and Solicitors Retirement Fund and shall not be eligible to become a superior court judge emeritus or solicitor general emeritus and shall begin making employee contributions into said Fund as provided for hereinafter.
(c) Any member of the General Assembly who has been in continu ous service as such since the convening of the General Assembly in Janu ary, 1955, and who, without any brea& in such service, becomes a judge of the superior court or solicitor general, by election or appointment, shall be eligible to become a superior court judge emeritus or solicitor general emeritus, as the case may be, regardless of the time at which any such member becomes a judge of the superior court.
(d) Any person holding office as a judge or solicitor of an inferior court on June 30, 1968, except those judges and solicitors of certain inferior courts who are members of the Employees' Retirement System under the provisions of an Act approved December 21, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 305), said Act being an amendment to the Act establishing the Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), shall be a member of said Fund and shall begin making employee contributions to said Fund as provided for here inafter. Judges and solicitors of inferior courts who are members of the Employees' Retirement System, as set forth herein, may become members of the Trial Judges and Solicitors Retirement Fund in accordance with the provisions of Section 17 of this Act.
Section 9. No person, except as otherwise provided in subsection (c) of Section 8, becoming a superior court judge or solicitor general for the first time after June 30, 1968, shall be eligible to be appointed Judge Emeritus or Solicitor General Emeritus, but the provisions against appointment as Judge Emeritus of the Superior Court or Solicitor Gen eral Emeritus shall not apply to anyone holding the office of judge of the superior court or solicitor general on June 30, 1968. No person holding the office of superior court judge or solicitor general on June 30, 1968 shall be eligible to become a member of the Trial Judges and
FRIDAY, MARCH 8, 1968
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Solicitors Retirement Fund. Any person becoming a superior court judge or a solicitor general after June 30, 1968, who was previously a State employee or official and who was a member of the Employees' Retire ment System of Georgia at the time of taking office as superior court judge or as solicitor general, shall be entitled to full credit for all service as a contributing member credited to his account under said System upon the transfer of his accumulated employer and employee contributions from said System to the Trial Judges and Solicitors Retirement Fund. Upon becoming eligible for retirement, however, retirement benefits shall be determined in accordance with the provisions of Section 18 and 19 of this Act.
Section 10. Any member of the Trial Judges and Solicitors Retire ment Fund shall be entitled to remain a member of said Fund by holding any position or office covered by said Fund, and shall receive full credit for all service as a member of said Fund, although said person may change from one position or office to another position or office covered by said Fund. Upon becoming eligible for retirement, however, retire ment benefits shall be determined in accordance with the provisions of Sections 18 and 19 of this Act.
Section 11. (a) The basis for employer and employee contributions to said Fund with respect to judges of the superior courts shall be the salaries from State funds provided by law for such judges, and the State Treasurer is hereby authorized and directed to deduct monthly from such salaries ten percent of such amount to cover employee contributions to the Fund. The State Treasurer is also directed to make an additional deduction to cover the required employee tax for Social Security cover age. The basis for employer and employee contributions to said Fund with respect to solicitors general shall be as though the monthly compen sation of solicitors general were $1,000.00, and the State Treasurer is hereby authorized and directed to deduct monthly ten percent of that amount as the employee contribution to said Fund from any State pay ment to solicitors general, including any State salaries, fees, and expense allowances provided by law. The State Treasurer is also directed to make an additional deduction to cover the required employee tax for Social Security coverage. Such Social Security deductions shall be based on an affidavit from each solicitor general as to the total wages received by him each calendar quarter as solicitor general. Such affidavit shall be forwarded to the State Treasurer before the fifth day of the month following the end of each calendar quarter. Should any solicitor general fail to submit the required affidavit to the State Treasurer within the required time, any and all funds due such solicitor general from State funds shall be withheld by the State Treasurer until an appropriate affi davit has been received. The State Treasurer is hereby authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, the required employer contribution for Social Security coverage on said judges and solicitors general. From funds appropriated or otherwise available for the opera tion of superior courts, the State Treasurer is authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions which shall be equal to the amount contributed monthly by the superior court judges and solicitors general.
(b) The deductions from State salaries and allowances payable to judges of the superior courts and solicitors general shall be made not-
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withstanding that the compensation and allowances fixed by law for such judges and solicitors general shall be reduced thereby. Such judges and solicitors general shall be deemed to consent and agree to the deductions made, and payment of the salary and compensation and allowances, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and solici tors general during the period covered by such payment.
Section 12. The basis for employer and employee contributions to said Fund with respect to judges and solicitors of inferior courts shall be the actual compensation received as judge or solicitor of an inferior court whether such compensation is received in the form of a salary by the governmental units paying the costs of the operation of such courts or received in the form of fees paid to said judges and solicitors; pro vided, however, that for the purposes of contributions to said Fund, said compensation, whether received as a salary or as fees, shall not exceed a maximum amount of $1,000.00 per month for any one judge or solicitor of an inferior court.
Section 13. (a) Judges and solicitors of inferior courts who are members of said Fund and who are on a fee system shall submit a report by the fifth day of each calendar month, to a person to be designated by the governing authorities of the governmental units paying the costs of the operation of such courts, setting forth the fees received for the previous calendar month, and shall pay, at the time said report is sub mitted, to said person so designated, as his employee contribution to said Fund, an amount equal to ten percent of the fees received, as detailed in said report, or ten percent of the maximum amount provided for in Section 12 of this Act in the event such fees exceed said maximum. It shall be the duty of judges and solicitors of inferior courts who are on a fee system to submit the report and pay the employee contributions pro vided for in this subsection, and the Board is hereby authorized to prom ulgate any rules and regulations, including rules and regulations pro viding for cancellation of membership in said Fund, that might be neces sary or desirable to insure compliance with this subsection.
(b) The persons designated by the governing authorities to receive the reports and employee contributions provided for in subsection (a) of this Section shall forward such reports and contributions to the Board by not later than the 15th day of each calendar month. A dupli cate copy of such reports, certified as true and correct by such persons so designated, shall be forwarded to the State Treasurer at the same time in order for the State Treasurer to determine and pay employer contri butions as provided in subsection (c) of this Section.
(c) The employer contributions to said Fund for such judges and solicitors or inferior courts shall be an amount equal to the employee contributions, and from funds appropriated or otherwise available for the operation of superior courts, the State Treasurer is hereby author ized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions which shall be equal to the amount contributed monthly by such judges and solicitors of the inferior courts who are on a fee system, such amount to be determined by the State Treasurer on the basis of the duplicate reports submitted to him as pro vided in subsection (b) of this Section.
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Section 14. (a) The employee contributions with respect to judges and solicitors of inferior courts who are compensated by salaries paid by the governmental units paying the costs of the operation of said courts shall be ten percent of the amount of such salaries or ten percent of the maximum provided in Section 12 of this Act in the event such salaries exceed said maximum. The amount of such salaries shall be reported to the Board, with a duplicate copy certified as true and correct directed to the State Treasurer, by not later than the 15th day of each calendar month by a person to be designated by the governing authorities of such governmental units. The governing authorities of such governmental units are hereby authorized and directed to deduct said employee contributions from the salaries of said judges and solici tors and to pay the same into the Trial Judges and Solicitors Retirement Fund, said payment of such employee contributions to be forwarded to the Board at the same time the report of the salaries of said judges and solicitors is forwarded. The deductions from the salaries payable to such judges and solicitors of inferior courts shall be made notwithstand ing that such salaries fixed by law for such judges and solicitors shall be reduced thereby. Such judges and solicitors shall be deemed to consent and agree to the deductions made, and payment of such salaries, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and solici tors during the period covered by such payment.
(b) The employer contributions to said Fund for such judges and solicitors of inferior courts shall be an amount equal to the employee contributions, and from funds appropriated or otherwise available for the operation of superior courts, the State Treasurer is hereby authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions which shall be equal to the amount contributed monthly by such judges and solicitors of the inferior courts who are on a salary system, such amount to be determined by the State Treasurer on the basis of the duplicate reports submitted to him as pro vided in subsection (a) of this Section.
Section 15. It shall be the duty of the governing authorities of the governmental units affected by this Act to designate responsible persons to submit the reports and forward the employee contributions as provided in Sections 13 and 14 of this Act, and it shall be the duty of the persons so designated to comply with the provisions of Sections 13 and 14 of this Act. If the reports and employee contributions are not forwarded to the Board, with a duplicate copy of the reports directed to the State Treas urer, in accordance with the provisions of Sections 13 and 14 of this Act, the State Treasurer is hereby authorized to withhold any State payments payable to any governmental units failing to forward such reports and employee contributions until such time as such reports and contribu tions have been received.
Section 16. (a) Judges and solicitors of inferior courts may receive credit in said Fund for service as judges and solicitors of inferior courts prior to June 30, 1968, by the payment, by such judge or solicitor, of employer and employee contributions into the Fund for such prior service. Said contributions for such prior service may be paid into said Fund at a rate not to exceed payment for one year's prior service for each year as a contributing member of said Fund, except as otherwise provided in
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subsections (b) and (c) of this Section. The basis for employer and employee contributions to said Fund for receiving any credit for prior service shall be the compensation received by such judge or solicitor applying for prior service at the time such application is made or shall be the maximum compensation provided for in Section 12 of this Act, in the event the compensation at the time such application is made for such prior service exceeds said maximum. The governmental units paying the costs of the operation of said courts are hereby authorized, but not required, to pay any part or all employer contributions for such prior service, and said governmental units are hereby authorized to expend public funds for such purpose as a part of the costs of operation of such courts. The payment of employer contributions for any such prior service shall not be paid from State funds in any case. The Board may accept payment into the Fund, at the rate herein specified, the necessary amount for any such prior service up to the total amount for all actual prior service. Credit for prior service gained in accordance with the provisions herein shall be creditable service for determining eligibility for retirement, but retirement benefits shall be determined in accord ance with the provisions of Sections 18 and 19 of this Act.
(b) In the event a contributing member who is eligible for credit for prior service has reached retirement age, or early retirement age, as provided in Sections 18 and 19 of this Act, but does not have the mini mum creditable service for retirement, as provided in said Sections, such member may, at his election pay into said Fund, at any time after becom ing a contributing member, employee and employer contributions for all actual prior service in order to qualify for a monthly retirement benefit.
(c) In the event a contributing member who is eligible for credit for prior service ceases to hold a position or office covered by said Fund, such member may elect to pay into said Fund employee and employer con tributions for all actual prior service in order to qualify for a monthly retirement benefit upon reaching retirement age or early retirement age; provided, however, such member shall be required to make the election within thirty (30) days after ceasing to hold a position or office covered by said Fund whether or not he will pay into said Fund said employee and employer contributions for such prior service, and said member shall be required to make the necessary payments into said Fund for employee and employer contributions for such prior service within six (6) months after ceasing to hold a position or office covered by said Fund. In the event such member fails to make such election within said thirty (30) days or in the event such member fails to make the necessary payments into the Fund within said six (6) months, such member shall cease to be a member of said Fund and may withdraw the total sum with interest which he has paid into the Fund, but he shall not be eligible at any time after such withdrawal to become a member of said Fund.
Section 17. Judges and solicitors of certain inferior courts who are members of the Employees' Retirement System under the provisions of an Act approved December 21, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 305), said Act being an amendment to the Act establishing the Em ployees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), may transfer their accumulated employer and employee contri butions from the Employees' Retirement System to the Fund and shall
FRIDAY, MARCH 8, 1968
3245
receive credit in the Fund for all service as a contributing member of the Employees' Retirement System, but upon retirement, retirement bene fits shall be determined in accordance with the provisions of Sections 18 and 19 of this Act. Any such judge and solicitor desiring to transfer from the Employees' Retirement System to the Fund must make applica tion to the Board for such transfer within ninety (90) days after June 30, 1968. Any such judge and solicitor failing to make such application within said ninety (90) days shall not at any later time be eligible to become members of the Trial Judges and Solicitors Retirement Fund.
Section 18. After obtaining a minimum of ten years creditable service, any member may retire on a monthly retirement benefit upon written application to the Board of Trustees setting forth at what time, not less than thirty days or more than ninety days, subsequent to the execution and filing thereof, he desires to be retired, provided the mem ber at the time so specified for retirement has attained age sixty-five. The maximum retirement benefits shall be based on twenty-five years of service as a contributing member of said Fund and the attainment of age sixty-five. After twenty-five years of service as a contributing member of said Fund and the attainment of age sixty-five, no further employee or employer contributions shall be paid into said Fund. Any judge of the superior court or solicitor general and any judge or solicitor of an inferior court, while receiving retirement pay, shall not be eligible for election or appointment to any other office in this State, but such judges and solicitors may practice law while receiving such retirement pay. Upon retirement, a member shall receive a monthly benefit which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement and a matching monthly benefit derived from con tributions of the employer based on actuarial tables adopted by the Board as recommend by its actuary.
Section 19. A member may retire, after obtaining a minimum of ten years creditable service, at age sixty, and the monthly retirement benefit for such early retirement shall be the actuarial equivalent of his accumulated contributions at the time of his retirement and a matching monthly benefit derived from contributions of the employer based on actuarial tables adopted by the Board as recommended by its actuary. The procedure for making application for retirement and the require ments associated therewith and the limitations relating to receiving retirement pay, as provided in Section 18 of this Act, shall be the same for early retirement provided for in this Section.
Section 20. Any member, after obtaining a minimum of ten years creditable service, who shall become totally and permanently disabled to the extent that he is unable to perform the duties of the office to which he was elected or appointed, shall be entitled to receive a disability bene fit which shall be the actuarial equivalent of his accumulated contri butions at the time of such disability and a matching monthly benefit derived from contributions of the employer based on actuarial tables adopted by the Board as recommended by its actuary. In adopting such actuarial tables, as recommended by its actuary, the Board shall be authorized to consider and apply any accruals to the Fund brought about by Sections 22 and 23 of this Act. The disability of any member applying for disability benefits shall be determined by the Board in the same manner and under the same procedure as disability of State employees
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is determined in accordance with the applicable provisions of the Act establishing the Employees' Retirement System of Georgia, approved March 3, 1949 (Ga. Laws 1949, p. 138), as the same is now or may her&after be amended. Disability payments shall become payable within thirty (30) days after such disability is determined by the Board as herein provided.
Section 21. Until the first payment of any member's retirement benefit becomes normally due after said member becomes eligible to retire, he may request the Board of Trustes to convert the monthly retire ment benefit, otherwise payable to him, into a modified monthly retire ment benefit of equivalent actuarial value.
Section 22. Except as otherwise provided in Section 16 (c) of this Act, if a member ceases to hold a position or office covered by the Fund, he may withdraw the total sum with interest which he has paid into the Fund, but he shall not be eligible at any time after such withdrawal to become a member of said Fund.
Section 23. If a member dies, before retirement, the amount of his accumulated contributions with interest credits thereon shall be paid to the living person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise, to the member's estate.
Section 24. The State Attorney General shall be the legal advisor of the Board of Trustees.
Section 25. The right to a retirement benefit, to the returns of contributions, any optional benefit or any other right accrued or accru ing to any person under the provisions of this Act and the moneys in the Fund created by this Act are hereby exempt from any State, county, or municipal tax, and exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as in this Act specifically otherwise provided.
Section 26. Any person who shall knowingly make any false state ments or shall falsify or permit to he falsified any record or records of the Fund in any attempt to defraud the Fund as a result of such an act shall be guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding twelve months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any member or beneficiary receiving from the Fund more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
Section 27. To pay the administrative expense of the Fund, upon the receipt of a request from the Board of Trustees on or after the effectiv date of this Act, and each year thereafter, the State Treasurer is hereby authorized and directed to pay from funds appropriated or other-
FRIDAY, MARCH 8, 1968
3247
wise available for the operation of the superior courts of the State, into the Fund an amount equivalent to one percent (1%) of the compensation paid from State funds to the judges and solicitors of the superior courts of Georgia for personal services rendered by them as reflected by the State Auditor's Report for the previous fiscal year.
Section 28. The employer and employee contributions required by the provisions of this Act shall begin with the month of July, 1968.
Section 29. The Board is hereby authorized and directed to adopt rules and regulations to carry out the provisions of this Act and to dis tribute the same to the judges and solicitors general of the superior courts, to the judges and solicitors of inferior courts and to the govern ing authorities paying the cost of the operation of the inferior courts prior to the time employee and employer contributions shall become pay able as provided in this Act.
Section 30. If any provision of this Act or any rule or regulation made thereunder or the application thereof to any person or circum stances is held invalid by a court of competent jurisdiction, the remainder of the Act, rule or regulation shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of the Act.
Section 31. This Act shall become effective upon its approval by the Governor or its otherwise becoming law.
Section 32. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendments were read and adopted:
Mr. Harris of the 118th moves to amend the Committee Substitute for SB 30 by striking from the third line of subsection (c) of Section 8 the figures "1955" and substituting in lieu thereof the figures "1957".
Mr. Harris of the 118th moves to amend the Committee Substitute for SB 30 by striking the word "but" from the fourth sentence and inserting the word "and"; and by adding in said sentence after the word "may" and before the words "practice law" the word "not".
Mr. Steis of the 110th moves to amend Committee Substitute to Senate Bill No. 30, as follows:
By adding at the end of Section 9 the following:
"Notwithstanding any other provisions of this Act to the con trary, nothing contained within this Act shall prohibit any person, other wise qualified, who held the office of judge of the superior court at any time prior to June 30, 1968, from being appointed to the office of judge emeritus."
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The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alexander Ballard Barber Bennett Berry, C. E. Black Blalock Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Clarke Conner Cook Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Douglas Edwards Egan Fallin Farmer
Farrar Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howell Hutchinson Jenkins Johnson, A. B. Johnson, B. Joiner Jones, M. Jordan, G. Kaylor Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis
Longino Lowrey M alone Mason Matthews, D. R. Mauldin Maxwell McClatchey
Melton Merritt Mixon Moore, Don C. Moore, J. H. Nash Nessmith Newton Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Pickard Poss Potts Ragland Rainey Reaves Roach Ross Rush Russell Savage Scarlett Shanahan Sherman
Simmons Sims Smith, G. W.
Smith, V. T. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R.
FRIDAY, MARCH 8, 1968
Threadgill Townsend Tucker Turner Underwood Wamble Ward Ware
3249
Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.
Anderson Battle Berry, J. K. Branch Cole
Collins, M. Cooper, B. Harris, J. F. Henderson Howard
Land Leonard Murphy Parrish Vaughan, D. N.
Those not voting were Messrs.:
Adams Barfield Bowen Bray Cheeks Collins, J. F. Colwell Crowe, W. J. Dickinson Dorminy Doster Gignilliat Hale Jones, C. M. Jordan, W. H.
Kirksey Laite Leggett Lovell Magoon Matthews, C. McCracken McDaniell Miller Moate Moreland Mullinax Nimmer Paris Peterson
Phillips Richardson Rowland Shields Shuman Smith, J. R. Smith, W. L. Snow Tye Vaughn, C. R. Walling Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Dickinson of the 27th requested that the Journal show he voted "present" on SB 30.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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HB 1198. By Messrs. Barber of th 24th, Smith of the 54th, Paris of the 23rd, Lee of the 35th and others:
A Bill to be entitled an Act to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility, so as to define "Commissioner"; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing for equal pay for both males and females for comparable work on jobs which have com parable requirements relating to skill, effort and responsibility, approved March 18, 1966 (Ga. Laws 1966, p. 582), so as to define "employer"; to define "commissioner"; to prescribe the powers and duties of the commissioner; to provide for summoning witnesses and issuing sub poenas; to provide for issuing orders requiring appearance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for equal pay for both males and females for comparable work on jobs which have comparable require ments relating to skill, effort and responsibility, approved March 18, 1966 (Ga. Laws 1966, p. 582), is hereby amended by adding at the end of Subsection (b) of Section 2 the following:
"The term 'employer', as used in this Act, shall mean an em ployer who is engaged in intrastate commerce.",
so that when so amended Subsection (b) of Section 2 shall read as follows:
"(b) Employer includes any person employing ten (10) or more employees and acting directly or indirectly in the interest of an employer in relation to an employee. The term 'employer', as used in this Act, shall mean an employer who is engaged in intrastate commerce."
Section 2. Said Act is further amended by adding a new Subsection at the end of Section 2 to be designated as Subsection (g) to read as follows:
" (g) 'Commissioner' means the Commissioner of Labor of the State of Georgia."
Section 3. Said Act is further amended by adding a new Section, to be known as Section 3A to read as follows:
FRIDAY, MARCH 8, 1968
3251
"Section 3A. Powers of Commissioner, (a) The Commissioner shall have the power and it shall be his duty to carry out the pro visions of this Act and for this purpose, the Commissioner, or his authorized representative, shall have the power to:
(1) Work with any employer to insure that all employees are receiving comparable pay for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility;
(2) Work with any employer so that the character of the work and operations on which persons are employed can be compared, to question such persons, and to obtain such other information as is reasonably necessary to the administration and enforcement of this Act;
(3) Eliminate pay practices unlawful under the provisions of this Act by informal methods of conference, conciliation and persuasion.
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 disagree to the Senate sub stitute, and the motion prevailed.
The Senate substitute to HB 1198 was disagreed to.
The following Bill of the House was taken up for the purpose of consider ing the Senate amendment thereto:
HB 1090. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend Code Section B6-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to provide that motor vehicles covered by certain liability insurance policies shall be deemed uninsured motor vehicles if the insurance company writing the policy is insolvent; and for other purposes.
The following Senate amendment was read:
Senator Johnson of the 42nd moves to amend HB 1090 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following:
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"to provide protections for an insured under the uninsured motorists endorsement provisions of this Code Section with respect thereto;"
By renumbering Section 2 as Section 3.
By inserting a new Section 2, following Section 1, to read as fol lows:
"Section 2. Said Code Section is further amended by adding at the end thereof a new subsection to be known as Subsection (g) and to read as follows:
'(g) Before a motor vehicle shall be deemed to be uninsured because of the insolvency of an insurance company under Subsection (b) (ii), an insurer under the uninsured motorist endorsement provisions of this Code Section must be given notice within a rea sonable time by its insured of the pendency of any legal proceeding against such insurance company of which he may have knowledge and before such insured enters into any negotiation or arrangement with such insurance company and before such insurer is prejudiced by any action or nonaction of the insured with respect to the de terminations of the insolvency of such insurance company." "
Mr. Westlake of the 119th moved that the House agree to the Senate amend ment.
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 Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. H. Bray Brown, B. D. Brown, C.
Buck Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, M. Conner Cook Cooper, J. R. Cox Crowe, William Dailey Davis Dillon
Dodson Douglas Edwards Egan Fallin Farmer Farrar Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hadaway Hall Hamilton
Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Joiner Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Leggett Leonard Lewis Longino
FRIDAY, MARCH 8, 1968
Lowrey M alone Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Moore, Don C. Moore, J. H. Nash Newton Northcutt Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Poss Potts Rainey Reaves Roach Ross Rowland Rush Russell
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Savage Scarlett Shanahan Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Walling Wamble Ward Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Dean
Lambert
Those not voting were Messrs.:
Barfield Bowen Brantley, H. L. Busbee Collins, J. F. Colwell Cooper, B. Crowe, W. J. Daugherty DeLong Dent Dickinson Dixon Dollar Dorminy
Doster Fleming Floyd Gignilliat Hale Johnson, A. S. Johnson, B. Jones, C. M. Jordan, W. H. Lane, W. J. Le vitas Lovell Magoon Mason Maxwell
Miller Mixon Moate Moreland Mullinax Murphy Nessmith Nimmer Odom Paris Peterson Phillips Pickard Ragland Richardson
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Sherman Shields Smith, J. R. Stalnaker
JOURNAL OF THE HOUSE,
Sweat Thompson, A. W. Vaughn, C. R. Ware
Wells Wiggins Mr. Speaker
On the motion, the ayes were 147, nays 2.
The Senate amendment to HB 1090 was agreed to.
The following- Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 742. By Messrs. Murphy of the 26th, Caldwell of the 51st and others:
A Bill to be entitled an Act to amend an Act comprehensively revising, superseding and consolidating the laws relating- to the State Board of Corrections and to prisons, public work camps and prisoners; and for other purposes.
Mr. Murphy of the 26th moved that the House insist on its position in dis agreeing to the Senate substitute and that a Committee of Conference be ap pointed to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee on Conference on the part of the House the following members:
Messrs. Paris of the 23rd, Dailey of the 66th and Black of the 56th.
The following Bill of the House was taken up for the purpose of consider ing the Senate's insistence on its position in amending the same:
HB 743. By Messrs. Murphy of the 26th, Caldwell of the 51st and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the administration to com pensate certain inmates employed in prison industries; and for other purposes.
Mr. Murphy of the 26th moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be ap pointed to confer with a like Committee on the part of the Senate.
FRIDAY, MARCH 8, 1968
3255
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Messrs. Paris of the 23rd, Dailey of the 66th and Black of the 56th.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 933. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 100-108, so as to provide that industrial revenue bonds or bonds of development authori ties duly validated and not in default may be given by state depositories provided that the appropriate county or municipality has the lawful authority to levy an annual tax in support thereof; and for other pur poses.
Mr. Murphy of the 26th moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Messrs. McClatchey of the 138th, Murphy of the 26th and Odom of the 79th.
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 House, to-wit:
HB 1527. By Mr. Pafford of the 97th: A Bill to provide a supplementary salary payable from county funds for certain clerks of the superior courts of this State; and for other purposes.
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The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 765. By Messrs. Vaughn and Harris of the 14th:
A Bill to amend an Act creating a new charter for the City of Cartersville, Georgia, approved February 8, 1937, as amended, so as to authorize the governing authority of said city to change the ward boundaries; to provide compensation for the mayor and board of aldermen of said city; to repeal conflicting laws; and for other purposes.
The Senate insists on its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:
HB 940. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to amend Code Title 13 known as the "Banking Law" of Georgia so as to remove the provisions relating to private banks and bankers; to change the distance between the location of a bank office or bank facility and a parent bank; and for other purposes.
The President has appointed on the part of the Senate the following:
Senators Holley of 22nd, Holloway of the 12th, and Hensley of the 33rd.
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1020. By Mr. Steis of the 100th:
A Bill to amend an Act establishing an Employee's Retirement System of Georgia, so as to provide that the phrase "involuntary separation without prejudice" shall include in its definition the failure in an election of an elective official; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the report of the Committees of Conference thereon:
HB 1159. By Messrs. Williams of the 16th, Johnson of the 40th and others:
A Bill to be entitled an Act to amend an Act providing for the chaining of logs transported on the public highways, so as to change the number of chains; and for other purposes.
FRIDAY, MARCH 8, 1968
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The following report of the Committee of Conference was read:
Mr. President:
Mr. Speaker:
Your conference committee on House Bill No. 1159 has met and submits the following recommendation:
That Senate Substitute to House Bill No. 1159 be accepted with the exception that the following quoted Section 1 be substituted for quoted Section 1 of the Senate Substitute to said House Bill:
"Section 1. Each load of pulpwood transported on any vehicle with permanent or fixed metal standards upon any public road or highway in this State shall be secured with no less than one binder chain at least 5/16 of an inch in size or a cable equivalent to the strength of such chain, to be located approximately along the center of the load. The chain or cable shall be equipped with a tightening device. All pallets or racks must be bound to the frame or body of the truck at the bottom. The driver shall be required to check to be sure that this chain or cable is tight and secure be fore departing the point of origin and again before entering any State or Federal highways. Each load of pulpwood transported on any vehicle with removable or wood standards upon any public road or highway in this State shall be secured with not less than one binder chain of at least 5/16 of an inch in size or cables equiva lent to the strength of the chains. The binder chains or cables shall have a tightening device, and are to be fastened to the body or frame of the vehicle transporting the pulpwood at the front of and rear of the load."
For the Senate: Fincher of the 54th Gillis of the 20th Eldridge of the 7th
Respectfully submitted,
For the House: Dorminy of the 72nd Knapp of the 109th Nimmer of the 84th
Mr. Dorminy of the 72nd 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 Anderson Ballard Barber Battle
Berry, J. K. Black Blalock Bond Bostick
Branch Brantley, H. H. Bray Brown, B. D. Brown, C.
3258
Games Gates Cato Chandler Cheeks
Cole
Collins, M. Conner Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean Dent Dillon Dodson Dorminy Douglas Egan Fallin Farmer Funk Gary Gay Gaynor Grahl Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Hill' Holder Howell
JOURNAL OF THE HOUSE,
Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner
Jones, C. M. Jones, M. Jordan, G. Knapp Lambros Land
Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey Melton Merritt Mixon Moore, J. H. Moreland Nash Newton Nimmer Northcutt Odom Oglesby Pafford Palmer Paris Parker, C. A.
Parker, H. W. Parrish Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shuman Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Sullivan Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughn, C. R. Wamble Ward
Wells Westlake Whaley Williams Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Graves Harris, J. F.
McCracken Vaughan, D. N,
Those not voting were Messrs.:
Alexander Barfield Bennett
Berry, C. E. Bo wen Brantley, H. L.
Buck Busbee Caldwell
Clarke Collins, J. F. Colwell Cook Cooper, B. Crowe, W. J. DeLong Dickinson Dixon Dollar Doster Edwards Farrar Fleming Floyd Gignilliat Hale Henderson
FRIDAY, MARCH 8, 1968
Hood Howard Jordan, W. H. Kaylor Kirksey Laite Lambert Lane, W. J. Magoon Mason McDaniell Miller Moate Moore, Don C. Mullinax Murphy Nessmith Otwell
3259
Peterson Phillips Pickard Poss Russell Shields Simmons Smith, J. R. Stalnaker Steis Sweat Thompson, A. W. Walling Ware Wiggins Wilson, J. M. Mr. Speaker
On the motion, the ayes were 139, nays 4.
The report of the Committee of Conference on HB 1159 was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 1467. By Messrs. Malone, Palmer, Smith and Vaughn of the 117th, Westlake, Higginbotham, Davis and Jenkins of the 119th:
A Bill to be entitled an Act to amend an Act supplementing the existing laws of this State which enable DeKalb County to exercise the powers of planning, zoning and rezoning, so as to improve, clarify and make more complete the methods and procedures for the regulation of zoning and rezoning and ways setting the use to which land and/or the im provements thereon may be lawfully put; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act enabling DeKalb County to establish a planning commission and to enable the several municipalities lying wholly within the limits of DeKalb County to establish joint planning commissions with the county, approved March 9, 1956 (Ga. Laws 1956, p. 3332), as amended, by an Act approved March 11, 1964 (Ga. Laws 1964, p. 2876), so as to provide for the impartiality of cer tain officials in zoning and rezoning matters and for certain penalties
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in connection therewith; to provide the basis for county zoning amend
ments or rezoning; to provide certain procedures and requirements in connection with county zoning amendments or rezoning; to provide for the right of interested individuals to be heard in connection with zon ing or rezoning; to provide for procedures for obtaining certain offi cial transcripts and for certain definitions in connection therewith; to provide that the official map of the county shall show the use for which property is zoned; to provide for a county land-use planning map; to provide for all matters relative to the foregoing; to provide an effective date and for the application of the provisions of this Act; to provide for severability; to repeal a specific Act; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act enabling DeKalb County to establish a planning commission and to enable the several municipalities lying wholly within the limits of DeKalb County to establish joint planning commissions with the county, approved March 9, 1956 (Ga. Laws 1956, p. 3332), as amended, by an Act approved March 11, 1964 (Ga. Laws 1964, p. 2876), is hereby amended by adding a new section between Sections 1 and 2 to be designated Section 1A, and to read as follows:
"Section 1A. Impartiality of officials required; disqualifica tion; penalties.
(a) Any member of the governing authority of DeKalb County and any member of the county planning commission, county board of zoning adjustments or appeals, and any official designated there by to act as a hearing officer on any zoning or rezoning matter shall be disqualified to actively participate in any hearing or de cision on any zoning or rezoning matter involving any property in which he is directly interested in a financial sense. As used in this subsection, 'directly interested in a financial sense' means having a legal or equitable title to the subject property or owning stock in a corporation or association having title to the subject property or representing in a legal capacity the party or parties desiring such zoning or rezoning or receiving or agreeing to receive any fee, compensation, gift or other thing of value in connection with such zoning or rezoning or any combination of the foregoing.
(b) In the event of disqualification, as provided in subsection (a) of this Section, such facts shall be made known by the mem ber or official so disqualified to the commission, board or governing authority concerned, which shall enter such fact on its records. In the case of disqualification of a member of a board, commission or governing authority, the remaining members of such board, commission or governing authority shall act in the hearing and determination of the particular matter or matters in which the disqualification arose.
(c) Any member or official failing to disqualify himself, as re quired by this Section, shall be guilty of a misdemeanor and upon
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3261
conviction thereof shall be punished as for a misdemeanor. Any decision made upon any zoning or rezoning matter in which a participant failed to disqualify himself, as required hy this Sec
tion, shall be voidable.
Section 2. Said Act is further amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:
"Section 9. Zoning; method of procedure. Before enacting the zoning ordinance or resolution, the governing authority of the county or municipality shall hold a public hearing thereon, at least three weeks notice of the time and place of which shall be published in the newspaper where the sheriff's advertisements of DeKalb County are published. No change in or departure from the text or maps, as certified by any municipal planning commission, shall be made unless such change or departure be first submitted to the municipal planning commission or review and recommendation. Such municipal planning commission shall have 30 days within which to submit its report, and if such planning commission fails to sub mit such report within said 30-day period, it shall be deemed to, have approved the change or departure. No change or departure from the text or maps, as certified by the county planning com mission, shall be made except as hereinafter provided."
Section 3. Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows:
"Section 10. Zoning: Amendments, (a) The zoning ordinance of a municipality, including the maps, may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the municipal planning commission for review and recommendation, and the provisions of Section 9 relative to the time allowed for the submission of its report and to public hearings and official notice shall apply equally to all such amendments. The county zoning resolution or ordinance may be amended from time to time only in accordance with the procedures and requirements set forth in subsections (b), (c), (d), (e) and (f) of this Section and Sec tions 10A, 10B and 10C, and such procedures and requirements shall apply to all such amendments whether proposed or initiated by the county governing authority, the county planning commis sion or otherwise.
(b) The basis for amending the county zoning resolution or ordinance or for rezoning any property subject to such resolution or ordinance shall be to bring it more into conformity with a logical and comprehensive land-use plan. The opportunity for a particular property owner to speculate or make an excessive profit by rezoning a particular tract shall not be considered a valid reason for rezoning in itself, and shall carry no weight in consideration of such application.
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(c) The stability of developed or partially developed areas shall be of paramount concern, in order to protect the property values of those citizens who have built in reliance upon the landuse plan in effect at the time of building.
(d) No area within 1,200 feet of elementary or high school property, whether existing or proposed by the DeKalb County School System and shown on its planning map, shall be rezoned Commercial, Neighborhood Shopping, or Industrial District M, as defined by the DeKalb County Zoning Ordinance, unless such appli cation for rezoning shall be recommended by all members or by all except one member of the Planning Commission and adopted by all members or by all except one member of the County Commis sion.
(e) All applications for rezoning shall be referred to the De Kalb County Traffic Engineer within three (3) working days after such application is filed. The DeKalb County Traffic Engineer shall review such applications to determine if a complete traffic study and a plan of construction should be done to eliminate the cause of traffic congestion and to eliminate the creation of or addition to existing traffic hazards. Such plan shall include a cost estimate of such construction. All recommendations shall be re turned to the Planning Director. If such complete traffic study is desired by the applicant, the applicant shall pay the actual cost of the study up to the sum of $300.00 to defray the cost of the study, plan of construction, and cost estimate, which shall be conducted by the DeKalb County Traffic Department. If the applicant does not agree to such study, the Planning Director shall recommend that said application be denied.
(f) The applicant for rezoning of land shall bear the responsi bility of establishing that his proposal would be of benefit to the community as a whole and is in harmony with a logical, compre hensive land-use plan for his area."
Section 4. Said Act is further amended by adding three new sec tions between Section 10 and Section 11 to be designated Sections 10A, 10B and 10C, to read as follows:
"Section 10A. Procedures applicable to all rezoning applica tions. The following procedures shall be mandatory in the considera tion of all rezoning applications in DeKalb County involving prop erty subject to the county zoning ordinance or resolution.
(a) Upon the filing of an application for the rezoning of land in DeKalb County, the Planning Director or other properly desig nated official, shall, as soon thereafter as practicable, but not more than ten (10) days after the filing of the application, notify by Certified U. S. Mail all owners of record of land abutting that land proposed to be rezoned. In addition to the foregoing, when the land proposed to be rezoned lies in or adjacent to a developed or partially developed area, the Planning Director, or other properly designated official, shall notify, by U. S. Mail, not less nor more
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3263
chan fifteen (15) individuals who own and occupy land within a distance of one mile from the perimeter of the land proposed to be rezoned, unless there should be less than fifteen (15) such indiuals within one mile of the said perimeter, in which case all such individuals shall be notified. In addition to the foregoing, the Planning Director, or other properly designated official shall noti fy by U. S. Mail all interested parties, as defined in 10C (a) (2) of this Act. The obligations of this subsection shall not be imposed upon the applicant.
(b) The mail notice as required by subsection (a) of this Sec tion shall be in addition to posting by sign notice as is presently required, and shall be in addition to the notice by legal publication as is presently required.
(c) Within ten (10) days following the mailing of notices required by subsection (a) of this Section, the Planning Director, or other properly designated official, shall prepare a signed and notarized certificate that the requirements of subsection (a) of this Section have been complied with; such certificates shall be kept separately filed as a matter of public record in the office of said Planning Director or other designated official, and no publica tion of legal notice shall be deemed properly published until after the certificate applicable to such notice by mail has been so filed.
(d) Whenever the applicant for rezoning of land or the real party in interest thereto shall be other than a natural person or persons, the name of all principal officers and directors in the case of a legally incorporated entity other than a corporation which has filed a registration statement or application for exemption under Regulation A or similar procedure for the issuance of securities with the United States Securities and Exchange Commission, or which is listed for trading at any stock exchange for the trading of securities regulated by the Securities Exchange Act of 1934, or the names of all principal officers and directors in the case of an unincorporated entity shall be provided by said applicant, and such list of names shall be appended to the Certificate of Notice filed as required by subsection (c) of this Section.
(e) The initial hearing upon any application for rezoning shall not be scheduled less than thirty (30) days after the filing of the certificate as specified in subsecion (c) of this Section. Upon the conclusion of the initial and all subsequent hearings upon a rezon ing application, including the final hearing by the Board of Com missioners of DeKalb County, each official, board, or other body hearing such application shall submit reasons and findings of fact, in conformity with the provisions of subsections (b), (c), (d), (e) and (f) of Section 10 of this Act, in support of the recom mendations of final approval or disapproval of such rezoning appli cations rendered by such official, board, or other body conducting hearings thereon. Such reasons and findings shall be a matter of public record and any interested party, as defined in subsection (a) of Section 10C of this Act, may file an appeal, within ten (10) days after any decision, with the officer from whom the appeal is taken and with the zoning board of adjustments. It shall
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be mandatory upon the county commissioners to give their final ruling within 120 days from the date of the original application.
(f) All hearings upon rezoning applications, including the deliberations and vote thereupon shall be conducted at a hearing open to the public, and there shall be an interval of at least 30 days between any two such hearings.
(g) Rezoning applications that have been finally denied either by the Board of Commissioners or by the courts shall not be resubmitted at any time less than twenty-four (24) months after such original application. Such rehearings shall be subject to the same procedures set forth in this Section governing all rezoning applications."
"Section 10B. The right to be heard and judicial redress not abridged, (a) Subject to the rules and requirements of orderly procedure established by the county planning commission and Board of County Commissioners, the rights of any interested individual to be heard in connection with zoning or rezoning applications shall not be abridged.
(b) The rights of any person to resort to the courts of this State or the United States in connection with zoning or rezoning matters shall not be abridged by this Act and same shall be gov erned by such laws, authority and rules of procedures as presently and hereafter exist. In the event any such court shall receive evi dence in any such case, the public record referred to in subsection (e) of Section 10A and the transcript referred to in subsection (b) of Section 10C may be admitted into evidence if such mate rial shall be admissible under the rules of evidence as provided by law.
"Section 10C. Definitions and procedudes for obtaining offi cial transcript, (a) As used in this Section, the words 'interested party' shall mean (1) any individual or other legal entity who owns property located within one mile of the perimeter of an area pro posed to be rezoned upon application, or; (2) any permanent or temporary group of taxpaying citizens of DeKalb County who file with the Planning Director of DeKalb County a notice of interest in any rezoning applications or recommendations pertaining to a specified area in which such group has a general interest pertain ing to the locality concerned, which general interest shall be broad ly and liberally construed and shall not be restricted to the narrow definitions of a legal property interest.
(b) Any interested party desiring to obtain a transcript of the proceedings of a rezoning application hearing, including the tran scription of oral statements, and documentary evidence, shall have the right to obtain same. Said transcript shall be obtained by fil ing a request therefor, along with the payment of a $5.00 filing fee, with the Director of Planning, or other duly designated official, not less than five (5) days prior to the date set for hearing, and the Director of Planning shall provide a court reporter, access and
FRIDAY, MARCH 8, 1968
3265
facilities for transcription, receipt of documentary evidence and copying of same by such court reporter at the time of hearing, but the full cost for preparing such transcript shall be upon the person requesting same and such cost shall be limited to the court re porter's normal charges for other transcriptions. Upon completion of the transcript of proceedings, a copy of same shall be certified by the court reporter and by the Director of Planning, and a copy of same shall be furnished to the Presiding Officer of the hearing and made a part of the file relative to such application."
Section 5. Said Act is further amended by adding two new sec tions between Sections 25 and 26 to be designated Sections 25A and 25B and to read as follows:
"Section 25A. Official Map of County to show use for which property is zoned. The official map of DeKalb County shall be maintained and changed when necessary so that at all times it shall reflect the uses for which the various land areas of DeKalb County are currently zoned.
"Section 25B. Land-use planning map. In addition to estab lishing and maintaining the official map of DeKalb County as hereinabove provided, it shall be the duty of the governing authority of said county to establish and maintain a land-use planning map. Said governing authority may update the land-use planning map from time to time on its own initiative and shall update said map at least once each two years. The land-use planning map shall be established and maintained for the purpose of showing future and projected plans for the land area of DeKalb County. No such landuse planning map shall have any legal effect on actual zoning or rezoning but shall be utilized for information purposes by the county governing authority, the county planning commission and the county board of zoning adjustments when considering zoning and rezoning matters. All actual zoning and rezoning shall be accomplished in accordance with the applicable provisions of this Act."
Section 6. An Act supplementing the existing laws of this State which enable DeKalb County to exercise the powers of planning, zoning and rezoning, approved April 18, 1967 (Ga. Laws 1967, p. 3230), is hereby repealed in its entirety as of the effective date of this Act.
Section 7. This Act shall become effective on May 15, 1968, and 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 said date.
Section 8. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or uncon stitutional were not originally a part hereof. The General Assembly
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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 9. All laws and parts of laws in conflict with this Act are hereby repealed.
The following House substitute to the Senate substitute was read and adopted:
Messrs. Malone, Palmer, Smith and Vaughn of the 117th, Westlake, Higginbotham, Davis and Jenkins of the 119th and Farrar of the 118th offer the following substitute to the Senate substitute to HB 1467:
A BILL
To be entitled an Act to amend an Act enabling DeKalb County to establish a planning commission and to enable the several munici palities lying wholly within the limits of DeKalb County to establish joint planning commissions with the county, approved March 9, 1956 (Ga. Laws 1956, p. 3332), as amended, by an Act approved March 11, 1964 (Ga. Laws 1964, p. 2876), so as to provide for the impartiality of certain officials in zoning and rezoning matters and for certain penal ties in connection therewith; to provide the basis for county zoning amendments or rezoning; to provide certain procedures and require ments in connection with all county zoning amendments or rezoning and for certain definitions in connection therewith; to provide for the right of interested individuals to be heard in connection with zoning or rezoning; to provide for procedures for obtaining certain official transcripts; to provide that the official map of the county shall show the use for which property is zoned; to provide for a county land-use planning map; to provide for all matters relative to the foregoing; to provide an effective date and for the application of the provisions of this Act; to provide for severability; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act enabling DeKalb County to establish a planning commis sion and to enable the several municipalities lying wholly within the limits of DeKalb County to establish joint planning commissions with the county, approved March 9, 1956 (Ga. Laws 1956, p. 3332), as amended, by an Act approved March 11, 1964 (Ga. Laws 1964, p. 2876), is hereby amended by adding a new section between Sections 1 and 2 to be designated Section 1A, and to read as follows:
"Section 1A. Impartiality of officials required; disqualifica tions; penalties.
FRIDAY, MARCH 8, 1968
3267
(a) Any member of the governing authority of DeKalb Coun ty and any member of the county planning commission, county board of zoning adjustments or appeals, and any official designated thereby to act as a hearing officer on any zoning or rezoning mat ter shall be disqualified to actively participate in any hearing or decision on any zoning or rezoning matter involving any property in which he is directly interested in a financial sense. As used in this subsection, 'directly interested in a financial sense' means having a legal or equitable title to the subject property or owning stock in a corporation or association having title to the subject property or representing1 in a legal capacity the party or parties desiring such zoning or rezoning or receiving or agreeing to re ceive any fee, compensation, gift or other thing of value in connec tion with such zoning or rezoning or any combination of the fore going.
(b) In the event of disqualification, as provided in subsection (a) of this Section, such facts shall be made known by the mem ber or official so disqualified to the commission, board or govern ing authority concerned, which shall enter such fact on its records. In the case of disqualification of a member of a board, commission or governing authority, the remaining members of such board, com mission or governing authority shall act in the hearing and de termination of the particular matter or matters in which the dis qualification arose.
(c) Any member or official failing to disqualify himself, as required by this Section, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Any decision made upon any zoning or rezoning matter in which a participant failed to disqualify himself, as required by this Section, shall be voidable.
SECTION 2
Said Act is further amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:
"Section 9. Zoning; method of procedure. Before enacting the zoning ordinance or resolution, the governing authority of the county or municipality shall hold a public hearing thereon, at lease three weeks notice of the time and place of which shall be published in the newspaper where the sheriff's advertisements of DeKalb County are published. No change in or departure from the text or maps, as certified by any municipal planning commission, shall be made unless such change or departure be first submitted to the municipal planning commission for review and recommenda tion. Such municipal planning commission shall have 30 days within which to submit its report, and if such planning commission fails to submit such report within said 30-day period, it shall be deemed to have approved the change or departure. No change or departure from the text or maps, as certified by the county planning commis sion, shall be made except as hereinafter provided."
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SECTION 3
Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows:
"Section 10. Zoning: Amendments, (a) The zoning ordinance of a municipality, including the maps, may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the municipal planning commission for review and recommendation, and the provisions of Section 9 relative to the time allowed for the submission of its report and to public hearings and official notice shall apply equally to all such amendments. The county zoning resolution or ordinance may be amended from time to time only in accordance with the procedures and requirements set forth in sub sections (b), (c), (d), (e) and (f) of this Section and Section 10A of this Act, and such procedures and requirements shall apply to all such amendments or rezoning, and no such amendment or rezoning shall be initiated by the governing authority of DeKalb County.
(b) The basis for amending the county zoning resolution or ordinance or for rezoning any property subject to such resolution or ordinance shall be to bring it more into conformity with a logi cal and comprehensive land-use plan. The opportunity for a par ticular property owner to speculate or make an excessive profit by rezoning a particular tract shall not be considered a valid reason for rezoning in itself, and shall carry no weight in con sideration of such application.
(c) The stability of developed or partially developed areas shall be of paramount concern, in order to protect the property values of those citizens who have built in reliance upon the landuse plan in effect at the time of building.
(d) No area within 1,200 feet of elementary or high school property, whether existing or proposed by the DeKalb County School System and shown on its planning map, shall be rezoned Commercial, Neighborhood Shopping, or Industrial District M, as
defined by the DeKalb County Zoning Ordinance, unless such ap plication for rezoning shall be recommended by not less than six members of the Planning Commission and adopted by not less than four members of the County Commission.
(e) All applications for rezoning shall be referred to the De Kalb County Traffic Engineer within three (3) working days after such application is filed. The DeKalb County Traffic Engi neer shall review such applications to determine if a complete traf fic study and a plan of construction should be done to eliminate the cause of traffic congestion and to eliminate the creation of or addition to existing traffic hazards. Such plan shall include a cost estimate of such construction. All recommendations shall be re turned to the Planning Director. If such complete traffic study is desired by the applicant, the applicant shall pay the actual cost
FRIDAY, MARCH 8, 1968
3269
of the study up to the sum of $300.00 to defray the cost of the study, which shall be conducted by the DeKalb County Traffic Department. If the applicant does not agree to such study, the Planning Director shall recommend that said application be denied.
(f) The applicant for rezoning of land shall bear the responsi bility of establishing that his proposal would be of benefit to the community as a whole and is in harmony with a logical, compre hensive land-use plan for his area."
SECTION 4
Said Act is further amended by adding three new sections between Section 10 and Section 11 to be designated Section 10A, 10B and 10C, to read as follows:
"Section 10A. Procedures applicable to all rezoning applica tions. The following procedures shall be mandatory in the con sideration of all rezoning applications in DeKalb County involving property subject to the county zoning ordinance or resolution:
(a) As used in this Section, the words 'interested party' shall mean (1) any individual or other legal entity who owns property located within one mile of the perimeter of an area proposed to be rezoned upon application, or (2) any permanent or temporary group of taxpaying citizens of DeKalb County who file with the Planning Director of DeKalb County a notice of interest in any rezoning applications or recommendations pertaining to a specified area in which such group has a general interest pertaining to the locality concerned, which general interest shall be broadly and liberally construed and shall not be restricted to the narrow defi nitions of a legal property interest.
(b) Upon the filing of an application for the rezoning of land in DeKalb County, the Planning Director or other properly desig nated official, shall, as soon thereafter as practicable, but not more than ten (10) days after the filing of the application, notify by Certified U. S. Mail all owners of record of land abutting that land proposed to be rezoned. In addition to the foregoing, when the land proposed to be rezoned lies in or adjacent to a developed or partially developed area, the Planning Director, or other prop erly designated official, shall notify, by U. S. Mail, not less nor more than fifteen (15) interested parties as defined in 10A (a) (1) of this Section, unless there should be less than fifteen (15) such interested parties within one mile of the said perimeter, in which case all such interested parties shall be so notified. In addi tion to the foregoing, the Planning Director, or other properly desig nated official shall notify by U. S. Mail all interested parties, as defined in 10A (a) (2) of this Section. The obligations of this sub section shall not be imposed upon the applicant.
(c) The mail notice as required by subsection (b) of this Sec tion shall be in addition to posting by sign notice as is presently
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JOURNAL OF THE HOUSE,
required, and shall be in addition to the notice by legal publication as is presently required.
(d) Within ten (10) days following the mailing of notices re quired by subsection (b) of this Section, the Planning Director, or other properly designated official, shall prepare a signed and notarized certificate that the requirements of subsection (b) of this Section have been complied with, and the information required by subsection (e) of this Section shall be reflected on such certifi cate. Such certificates shall be kept separately filed as a matter of public record in the office of said Planning Director or other designated official, and no publication of legal notice shall be deemed properly published until after the certificate applicable to such notice by mail has been so filed.
(e) Whenever the applicant for rezoning of land or the real party in interest thereto shall be other than a natural person or persons, the name of all principal officers and directors in the case of a legally incorporated entity other than a corporation which has filed a registration statement or application for exemption under Regulation A or similar procedure for the issuance of securi ties with the United States Securities and Exchange Commission, or which is listed for trading at any stock exchange for the trading of securities regulated by the Securities Exchange Act of 1934, or the names of all principal officers and directors in the case of an unincorporated entity shall be provided by said applicant, and such list of names shall be appended to the Certificate of Notice filed as required by subsection (d) of this Section.
(f) The initial hearing upon any application for rezoning shall not be scheduled less than thirty (30) days after the filing of the certificate as specified in subsection (d) of this Section. Upon the conclusion of the initial and all subsequent hearings upon a rezoning application, including the final hearing by the Board of Commissioners of DeKalb County, each official, board, or other body hearing such application shall submit reasons and findings in conformity with the provisions of subsections (b), (c), (d), (e) and (f) of Section 10 of this Act, in support of the recommenda tions of final approval or disapproval of such rezoning applications rendered by such official, board, or other body conducting hearings thereon. Such reasons and findings shall be a matter of public record. Any party may file an appeal, within ten (10) days after any decision, with the officer from whom the appeal is taken and with the zoning board of adjustments. It shall be mandatory upon the county commissioners to give their final ruling within 120 days from the date of the original application.
(g) All hearings upon rezoning applications, including the deliberations and vote thereupon shall be conducted at a hearing open to the public, and there shall be an interval of at least 30 days between any two such hearings.
(h) Rezoning applications that have been finally denied either by the Board of Commissioners or by the courts shall not be resubmitted at any time less than twenty-four (24) months after
FRIDAY, MARCH 8, 1968
3271
such original application. Such rehearings shall be subject to the same procedures set forth in this Section governing all rezoning applications."
"Section 10B. The right to be heard and judicial redress not abridged, (a) Subject to the rules and requirements of orderly pro cedure established by the county planning commission and Board of County Commissioners, the rights of any interested individual to be heard in connection with zoning or rezoning applications shall not be abridged.
(b) The rights of any person to resort to the courts of this State or the United States in connection with zoning or rezoning matters shall not be abridged by this Act and same shall be governed by such laws, authority and rules of procedures as presently and hereafter exist. In the event any such court shall receive evidence in any such case, the public record referred to in subsection (f) of Section 10A and the transcript referred to in Section 10C of this Act may be admitted into evidence if such material shall be ad missible under the rules of evidence as provided by law."
"Section 10C. Procedures for obtaining official transcripts. Any party desiring to obtain a transcript of the proceedings of a rezoning application hearing, including the transcription of oral statements, and documentary evidence, shall have the right to ob tain same. Said transcript shall be obtained by filing a request therefor, along with the payment of a $5.00 filing fee, with the Director of Planning, or other duly designated official, not less than five (5) days prior to the date set for hearing, and the Di rector of Planning shall provide a court reporter, access and fa cilities for transcription, receipt of documentary evidence and copying of same by such court reporter at the time of hearing, but the full cost for preparing such transcript shall be upon the person requesting same and such cost shall be limited to the court reporter's normal charges for other transcriptions. Upon comple tion of the transcript of proceedings, a copy of same shall be certified by the court reporter and by the Director of Planning, and a copy of same shall be furnished to the Presiding Officer of the hearing and made a part of the file relative to such applica tion."
SECTION 5
Said Act is further amended by adding two new sections between Sections 25 and 26 to be designated Section 25A and 25B and to read as follows:
"Section 25A. Official Map of County to show use for which property is zoned. The official map of DeKalb County shall be main tained and changed when necessary so that at all times it shall reflect the uses for which the various land areas of DeKalb County are currently zoned, but no rezoning shall be initiated by the govern ing authority of DeKalb County, and all rezoning shall be accom plished only in conformity with the provisions of Section 10 and 10A of this Act."
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JOURNAL OF THE HOUSE,
"Section 25B. Land-use planning map. In addition to estab lishing and maintaining the official map of DeKalb County as hereinabove provided, it shall be the duty of the governing authority of said county to establish and maintain a land-use planning map. Said governing authority may update the land-use planning map from time to time on its own initiative and shall update said map at least once each two years. The land-use planning map shall be established and maintained for the purpose of showing future and projected plans for the land area of DeKalb County. No such landuse planning map shall have any legal effect on actual zoning or rezoning but shall be utilized for information purposes by the county governing authority, the county planning commission and the county board of zoning adjustments when considering zoning and rezoning matters. All actual zoning and rezoning shall be ac complished in accordance with the provisions of Sections 10 and 10A of this Act."
SECTION 6
An Act supplementing the existing laws of this State which enable DeKalb County to exercise the powers of Planning, zoning and rezon ing, approved April 18, 1967 (Ga. Laws 1967, p. 3230), is hereby re pealed in its entirety as of the effective date of this Act.
SECTION 7
This Act shall become effective on May 15, 1968, and 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 said date.
SECTION 8
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 were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or uncon stitutional.
SECTION 9
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Vaughn of the 117th moved that the House agree to the Senate sub stitute as submitted by the House.
FRIDAY, MARCH 8, 1968
3273
On the motion to agree, the ayes were 103, nays 0.
The Senate substitute, as substituted by the House to HB 1467 was agreed to.
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 Bill of the House, to-wit:
HB 903. By Mr. Hill of the 121st:
A Bill to provide for the issuance of special personalized prestige li cense plates; and for other purposes.
HB 671. By Messrs. Palmer and Vaughn of the 117th, Jenkins of the 119th, and Barber of the 24th:
A Bill to amend an Act establishing a retirement system for teachers in the State Public schools, so as to change the provisions relating to creditable service for prior teaching in other State or independent school systems; and for other purposes.
HB 881. By Messrs. Paris of the 23rd, Wamble of the 90th, Sims of the 131st, and others:
A Bill to establish a violation point system for the assessment of points for all of the various moving traffic violations occurring within or without the State of Georgia which are committed by holders of Georgia driver's licenses; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional ma jority the following Bills of the House, to-wit:
HB 862. By Messrs. Parker of the 55th, Lewis and Newton of the 50th, Wiggins and Threadgill of the 32nd and others:
A Bill to amend an Act providing for grants to certain municipalities so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 869. By Messrs. Parker of the 55th, Brown of the 34th and Mullinax of the 42nd:
A Bill to amend an Act providing for grants to counties, so as to pro vide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
HB 765. By Messrs. Vaughn and Harris of the 14th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, Georgia, approved February 8, 1937, as amended, so as to authorize the governing authority of said city to change the ward boundaries; to provide compensation for the mayor and board of aldermen of said city; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read: Senator Fincher of the 51st moves to amend HB 765 as follows: By striking in the caption the following: "city manager of the board of education",
and inserting in lieu thereof the following: "city manager or the board of education". "By striking in the last sentence of quoted Section 42 of Section 10
the following: "city manager of the board of education",
and inserting in lieu thereof the following: "city manager or the board of education".
Mr. Vaughn of the 117th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 765 was agreed to. The following report of the Committee on Rules was read and adopted:
FRIDAY, MARCH 8, 1968
3275
Mr. Speaker:
Your Committee on Rules met and fixed a supplemental calendar for today's business, Friday, March 8, 1968, by adding and submitting the following:
SB 41. Compact for Education. SR 77. Scholarships, child of law officer, etc. SB 201. Board of Pardons and Paroles, attorneys appear. SB 202. Board of Pardons and Paroles, rule making purposes. SR 251. Jefferson Davis Memorial Highway. SB 385. Master Keys, certain circumstances. SB 417. County or Cities; Traffic Law Enforcement; Governor.
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.
Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 31. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, as amended, so as to provide the procedure for granting credit for service in the armed forces; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, so as to provide the procedure for granting credit for service in the armed forces; to provide that any superior court judge holding office on a certain date may elect to have his widow receive certain benefits in the event of his death subject to certain conditions; to provide for the deduction of additional contribu tions from salaries paid to superior court judges by the State; to provide for the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
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JOURNAL OF THE HOUSE,
Section 1. An Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, is hereby amended by adding at the end of the first paragraph of Section 2 the following:
"In granting credit for service in the armed forces of the United States, as provided for in this Act, one year of credit shall be granted for each year or fraction of a year of such service."
Section 2. Said Act is further amended by adding a new section immediately following Section 10 to be designated Section 10A to read as follows:
"Section 10A. (a) Any superior court judge holding office on June 30, 1968, shall have the option, which must be exercised, if at all, within 120 days after such date, of electing to have his widow receive for the remainder of her life, upon his death, a benefit which shall be equal to the emeritus salary he would have received, except as otherwise provided in subsection (b) of this Section, had he lived and been appointed Superior Court Judge Emeritus, subject to the following conditions:
(1) Any judge so electing shall pay an amount equal to two percent (2%) of his State salary for each year of prior service as Judge of Superior Court up to the time of making such election and shall thereafter contribute, in addition to the five percent (5%) contribution required by this Act, two per cent (2%) of the salary paid to him by the State of Georgia; which amount shall be deducted from such salary by the State Treasurer and deposited into the Superior Court Judges Emeri tus Fund.
(2) Any judge so electing shall not be eligible for appoint ment as Judge Emeritus until he is at least sixty years of age, except he may be appointed Judge Emeritus before reach ing such age as a result of disability as provided in this Act.
(b) Upon the death of any Superior Court Judge having made the election provided for in subsection (a) above who was at the time of his death (1) serving as a Judge Emeritus, or (2) eligible for appointment to Judge Emeritus, the widow of such Judge shall receive for the remainder of her life a monthly benefit equal to the Emeritus salary which the Judge was drawing or which he was eligible to draw at the time of his death; except that in the event the widow of any such Judge so electing is younger than such Judge, the benefit paid to her shall be converted to the actuarial equivalent on her attained age at the time of his death based on actuarial tables adopted by the trustees of the Superior Court Judges Retirement Fund as recommended by an actuary selected by such trustees; provided, however, the provisions of this excep tion shall not apply to the widow of any such Judge if she had been married to such Judge at least twenty years prior to the death of such Judge."
FRIDAY, MARCH 8, 1968
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Section 3. This Act shall become effective upon its approval by the Governor or its otherwise becoming law.
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 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SR 110. By Senators Chapman of the 32nd and Gillis of the 20th: A Resolution creating an interim study committee the feasibility of es tablishing a central computerized criminal records system for the State of Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 148, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 369. By Senators Searcey of the 2nd, Gardner of the 1st, Chapman of the 32nd and others: A Bill to be entitled an Act to provide that the Director of the Depart ment of Corrections submit a list of prison-made products to the Super visor of Purchases; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 6.
The Bill, having failed to receive the requisite constitutional majority, was lost.
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JOURNAL OF THE HOUSE,
Mr. Murphy of the 26th served notice that at the proper time, he would ask the House to reconsider its action in failing to give the requisite constitutional majority to SB 369.
SB 360. By Senator Smalley of the 28th:
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; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Mr. Harris of the 118th moves to amend SB 360 by adding in the 7th line of the second paragraph of quoted Code Section 59-106 in Sec tion 1 of said Bill after the words "county, and" the words "except as otherwise provided herein".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 139, 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 insists on its amendment to the following Bill of the House, to-wit:
HB 1423. By Messrs. Barber of the 24th, Stalnaker of the 59th, Wells of the 30th, Lewis of the 50th, Newton of the 50th, Lovell of the 6th arid others: A Bill to provide for tenure salary and compensation for those elective officers the election of which is provided for by Articles IV and V of the Georgia Constitution of 1945; and for other purposes.
The Senate requests the return of following Bill of the House to add a technical amendment, to-wit:
FRIDAY, MARCH 8, 1968
3279
HB 968. By Mr. Moreland of the 28th:
A Bill to change the method of choosing members of the Board of Education of Walton County; 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 1012. By Mr. Smith of the 54th:
A Bill to amend an act establishing the Georgia Legislative Retirement System, so as to provide a new definition for "Prior Service"; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1492. By Mr. Brantley of the 63rd:
A Bill relating to nursing homes and personal care homes; to provide for the licensing of nursing home administrators; to create the Georgia State Board of Nursing Homes, fixing its membership, and prescribing its powers, duties and functions; to provide requirement for license as a Nursing Home Administration; and for other purposes.
By unanimous consent, the Clerk was directed to return the following Bill of the House to the Senate for the purpose of adding a technical amendment thereto:
HB 968. By Mr. Moreland of the 28th:
A Bill to be entitled an Act to change the method of choosing members of the Board of Education of Walton County; and for other purposes.
Under the general order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 201. By Senators Smith of the 18th, Broun of the 46th and Johnson of the 42nd:
A Bill to be entitled an Act to provide who may appear and practice before the State Board of Pardons and Paroles for a fee, money or other remuneration; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes.
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JOURNAL OP THE HOUSE,
The following amendments were read and adopted:
The Committee on Judiciary moves to amend SB 201 by striking from subsection (a) of Section 1 the following language:
"provided, however, no State official or employee may appear before the State Board of Pardons and Paroles on behalf on an inmate of any prison for a fee, money or other remuneration."
Mr. Busbee of the 79th moves to amend SB 201 as follows:
By adding to the title of said Bill before the phrase "to repeal con flicting laws; and for other purposes" the following language:
"To provide that the Members and employees of the Board shall be required to keep written records of every person contacting Mem bers of the Board on behalf of a prisoner; to provide what informa tion shall be included in such record; to provide that a copy of such record shall be placed in the file of the prisoner on whose behalf the contact was made;"
and by renumbering Section 2 as Section 3 and adding a new section to be known as Section 2 as follows:
"The State Board of Pardons and Paroles shall maintain a complete written record of every person contacting any member of the Board on behalf of a prisoner, which record shall be indexed, and a copy of such record shall be placed in the prisoner's file. Such register shall include the name and address of the person contacting the Board member, and the reason for contacting such Board member."
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 Alexander Anderson Barber Battle Bennett Berry, J. K. Black Blalock
Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Busbee Carnes
Cato Cheeks Cole Collins, M. Colwell Conner Cook Cooper, J. R. Crowe, William
Dailey Daugherty Davis Dent Dollar Dorminy Douglas Egan Fallin Farmer Fleming Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham
Hood Howard Hutchinson Jenkins Johnson, A. S. Jones, C. M. Jones, M. Lambert Lambros
FRIDAY, MARCH 8, 1968
Land Lane, Dick Lee, W. J. (Bill) Leggett Lewis Longino Lovell Lowrey M alone Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Miller Mixon Mullinax Murphy Nash Newton Northcutt Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss Potts Rainey Reaves Richardson Roach
3281
Ross Rowland Russell Savage Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Winkles Wood
Those voting in the negative were Messrs.
Edwards Kaylor
Leonard Moore, J. H.
Rush
Those not voting were Messrs.:
Ballard Barfield Berry, C. E. Branch Brantley, H. L. Buck Caldwell Gates
Chandler Clarke Collins, J. F. Cooper, B. Cox Crowe, W. J. Dean DeLong
Dickinson Dillon Dixon Dodson Doster Farrar Floyd Gignilliat
3282
Hale Hargrett Harris, R. W. Hill Holder Howell Johnson, B. Joiner Jordan, G. Jordan, W. H. Kirksey Knapp Laite
JOURNAL OF THE HOUSE,
Lane, W. J. Lee, W. S. Levitas Magoon Mason Matthews, C. Merritt Moate Moore, Don C. Moreland Nessmith Nimmer Odoni
Otwell Phillips Pickard Ragland Scarlett Shields Smith, V. T. Sweat Vaughan, D. N Walling Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 138, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Those voting in the affirmative were Messrs.:
Mr. Murphy of the 26th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:
SB 369. By Senators Searcey of the 2nd, Gardner of the 1st, Chapman of the 32nd and others:
A Bill to be entitled an Act to provide that the Director of the Depart ment of Corrections submit a list of prison-made products to the Super visor of Purchases; and for other purposes.
The motion prevailed and SB 369 was reconsidered.
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 369. By Seaators Searcey of the 2nd, Gardner of the 1st, Chapman of the 32nd and others:
A Bill to be entitled an Act to provide that the Director of the Depart ment of Corrections submit a list of prison-made products to the Super visor of Purchases; and for other purposes.
FRIDAY, MARCH 8, 1968
3283
The Report of the Committee, which was favorable to the passage of the Bill, WHS agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander
Barber Berry, C. E.
Berry, J. K. Black Bostick Bo wen Brantley, H. L. Busbee Carnes Cheeks Collins, M. Conner Cook Cooper, J. R. Cox Dailey Daugherty Dent Dixon Dorminy Edwards Fallin Farmer Fleming Floyd Funk Gaynor Grahl Gunter Hadaway
Hale Hall Hamilton Harris, J. R. Harrison Howell Hutchinson Jenkins Johnson, A. S. Jones, M. Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, D. R. Mauldin McClatchey McDaniell Merritt Miller Moore, J. H. Mullinax Murphy Nash
Nessmith Newton Nimmer Northcutt Oglesby Pafford Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss Potts Rainey Reaves Roach Ross Rush Savage Shanahan Shields Simmons
Smith, G. W. Sweat Thompson, R. Underwood Vaughn, C. R. Wamble Ward Wells Williams Wood
Those voting in the negative were Messrs.:
Anderson Bray Brown, C. Cato Cole Crowe, William Davis Douglas
Gay Graves Harris, J. F. Henderson Higgmbotharn Johnson, B. Kaylor Knapp
Leggett Leonard Rowland Shuman Smith, V. T. Snow Starnes Steis
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Sullivan Thompson, A. W.
JOURNAL OF THE HOUSE,
Threadgill Westlake
Whaley Wiggins
Those not voting were Messrs.:
Ballard Barfield Battle Bennett Blalock Bond Branch Brantley, H. H. Brown, B. D. Buck Caldwell Gates Chandler Clarke Collins, J. P. Colwell Cooper, B. Crowe, W. J. Dean DeLong Dickinson Dillon Dodson Dollar Doster Egan Parrar
Gary Gignilliat Grier Hargrett Harrington Harris, R. W. Hill Holder Hood Howard Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Laite Lambros
Lee, W. S. Levitas Matthews, C. Maxwell McCracken Melton Mixon Moate Moore, Don C. Moreland
Odom Otwell Palmer Phillips Pickard Ragland Richardson Russell Scarlett Sherman Sims Smith, J. R. Smith, W. L. Stalnaker Town send Tucker Turner Tye Vaughan, D. N. Walling Ware Wilson, J. M. Wilson, R. W. Winkles Mr. Speaker
On the passage of the Bill, the ayes were 96, nays 30.
The Bill, having failed to receive the requisite constitutional majority, was lost.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the following Bill of the House:
HB 1423. By Messrs. Barber of the 24th, Stalnaker of the 59th, Wells of the 30th, Lewis of the 50th and others:
A Bill to provide for tenure salary and compensation for those elective officers the election of which is provided for by Articles IV and V of the Georgia Constitution of 1945; and for other purposes.
Mr. Busbee of the 79th moved that the House insist on its position in disagree ing to the Senate amendments and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate.
FRIDAY, MARCH 8, 1968
3285
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Messrs.: Lee of the 35th, Newton of the 50th and Ware of the 42nd.
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 House, to-wit:
HB 1135. By Mr. Mixon of the 81st:
A Bill to amend Code Section 88-506 of the "Georgia Health Code", so as to provide that written notice of the examination hearing may be given by the court of the ordinary by registered mail to two of the three nearest adult relatives residing within this State; and for other purposes.
Under the general order of business established by the Committee on Rules, the following Resolutions of the Senate were taken up for consideration and read the third time:
SR 251. By Senator Spinks of the 9th:
A Resolution clarifying and changing the Jefferson Davis Memorial Highway; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 136, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SR 77. By Senator Rowan of the 8th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program to grant scholarships
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JOURNAL OF THE HOUSE,
or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the twelfth grade, or to enable such children to attend a vocational-technical school; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA.
Section 1. The Constitution is hereby amended by adding in Article VII, Section I, Paragraph II, immediately following the paragraph which reads as follows:
"The General Assembly is hereby authorized to provide by law a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the grant ing of scholarships to students desiring to study courses in the paramedical profession or educational fields. The General Assembly is hereby authorized to provide for the duties, powers, authority, jurisdiction and composition of any such commission and is author ized to provide for all other matters relative to the purposes provided for herein.",
a new paragraph to read as follows:
"The General Assembly is hereby authorized to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the twelfth (12th) grade, or to enable such children to attend a vocational-technical school. The General Assembly shall be further authorized to provide by law for the terms and conditions for granting such scholarships or other assistance and shall provide that the program established in pursuance of this amendment shall be administered by the State Scholarship Commission or the Higher Education Assistance Cor poration, as the General Assembly shall determine. The General Assembly is hereby further authorized to appropriate any funds it deems necessary for the purpose of carrying out the provisions of this amendment.
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
FRIDAY, MARCH 8, 1968
3287
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a program to grant scholarships or other assistance to the chil dren of law enforcement officers, firemen and prison
NO ( ) guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an edu cation beyond the twelfth grade, or to enable such chil dren to attend a vocational-technical school?"
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 Contitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch
Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Games Cheeks Cole Colling, M. Colwell
Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean Dent Dillon Dixon
Doster Douglas Edwards Egan Pallin Farmer Farrar Funk Gary Gay
Gaynor Grahl Graves Gunter Hale Hamilton Hargrett Harris, J. P. Harris, J. R. Harrison Higginbotham Hill Holder
Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Lambert Lane, Dick
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Lane, W. J.
Lee, W. J. (Bill) Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, D. R. Mauldin McClatchey Merritt Miller Moore, Don C. Moore, J. H. Murphy Nash Nessmith Newton Northcutt Oglesby
Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Potts Ragland Rainey Reaves Roach Ross Rush Savage Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Stalnaker
Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble
Wells Westlake
Whaley Wiggins Williams Wilson, J. M. Winkles Wood
Those not voting were Messrs.:
Ballard Barfield Bennett Brantley, H. H. Busbee Caldwell Gates Cato Chandler Clarke Collins, J. F. Crowe, W. J. DeLong Dickinson Dodson Dollar Dorminy Fleming Floyd Gignilliat Grier Hadaway
Hall Harrington Harris, R. W. Henderson Hood Joiner Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lee, W. S. Levitas Matthews, C. Maxwell McCracken McDaniell Melton Mixon
Moate Moreland Mullinax Nimmer Odom Otwell Pickard Poss Richardson Rowland Russell Scarlett Sherman Smith, J. R. Smith, W. L. Snow Sullivan Ward Ware Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 140, nays 0.
The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
FRIDAY, MARCH 8, 1968
3289
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 417. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act regulating traffic on the streets and highways, as amended; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander
Anderson Barber Battle Berry, C. E.
Berry, J. K. Black Blalock Bond
Bowen Branch Brantley, H. H.
Bray Brown, B. D. Brown, C. Buck
Busbee Caldwell Chandler Cheeks Cole Collins, M. Colwell Conner
Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis
Dean Dent Dickinson
Dixon Dorminy Doster Edwards Fallin Farmer Farrar Funk
Gary Gay Gaynor Grahl Graves Gunter
Hadaway Hale Hamilton
Hargrett Harrington
Harris, J. F. Harris, J. R. Harrison Hill Holder Howard Howell Hutchinson
Johnson, A. S. Johnson, B.
Jones, C. M.
Jones, M. Kaylor Lambert Lambros Land Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Longino Lovell
Lowrey Magoon Malone Mason Matthews, D. R. Mauldin
McClatchey Merritt Miller Mixon
Moore, Don C. Moore, J. H. Nash
Nessmith Newton Northcutt Oglesby Pafford
Palmer
3290
Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss Potts Ragland Rainey Reaves Roach Rush Savage Shanahan Shields
JOURNAL OF THE HOUSE,
Shuman Simmons Smith, G. W. Smith, J. R. Smith, V. T. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W.
Thompson, R. Tucker Turner Tye
Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Williams Wilson, J. M. Winkles Wood
Those voting in the negative were Messrs.
Carnes Cook Douglas Egan
Higginbotham Jenkins Ross Threadgill
Townsend Westlake Wiggins
Those not voting were Messrs.:
Ballard Barfield Bennett Bostick Brantley, H. L. Gates Cato Clarke Collins, J. F. Crowe, W. J. DeLong Dillon Dodson Dollar Fleming Floyd Gignilliat Grier Hall
Harris, R. W. Henderson Hood Joiner Jordan, G. Jordan, W. H. Kirksey Knapp Laite Lee, W. S. Levitas Lewis Matthews, C. Maxwell McCracken McDaniell Melton Moate Moreland
Mullinax Murphy Nimmer Odom Otwell Phillips Pickard Richardson Rowland Russell Scarlett Sherman Sims Smith, W. L. Snow Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 139, nays 11. The Bill, having received the requisite constitutional majority, was passed.
SB 385. By Senators Sells of the 37th, Hall of the 52nd and Smith of the 18th:
A Bill to be entitled an Act to provide that it shall be unlawful to make or cause to be made or duplicate master keys except under certain cir cumstances; and for other purposes.
FRIDAY, MARCH 8, 1968
3291
The following amendment was read and adopted:
The House Education Committee moves to amend SB 385 as follows:
By adding in Section 3. (a) between the words "book" and "in" the words "at his place of business for three years".
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.
Barber Bostick Bo wen Brown, B. D. Brown, C. Buck Busbee Carnes Cato Cheeks Colwell Conner Cook Cox DeLong Dent Dixon Dorminy Edwards Egan Fallin Farmer Farrar Fleming Funk Gary Grahl
Graves Harrington Hill Hutchinson Jenkins Johnson, A. S. Jones, C. M. Jones, M. Jordan, G. Kaylor Land Lane, W. J. Lee, W. J. (Bill) Leggett Lewi s Longino Lowrey M alone Matthews, C. McCiatchey Melton Merritt Moore, Don C. Moore, J. H. Newton Northeutt Otwell
Pafford Palmer Paris Parker, C. A. Parker, H. W. Poss Reaves Ross Rush Savage Shanahan Simmons Smith, G. W. Steis Sweat Thompson, R. Threadgill Townsend Tucker Turner Walling Wamble Wells Wiggins Williams Wood
Those voting in the negative were Messrs.:
Adams Alexander Anderson Battle Berry, C. E. Berry, J. K.
Black Blalock Branch Brantley, H. L. Bray Cole
Collins, M. Cooper, B. Crowe, William Dailey Dean Douglas
3292
Gay Hall Harris, J. F. Harris, R. W. Harrison Henderson Howard Kirksey Lambert Lambros Lane, Dick Leonard Levitas
JOURNAL OF THE HOUSE,
Mason Matthews, D. R. Miller Mixon Nash Nessmith Oglesby Parrish Peterson Phillips Potts Richardson Roach
Scarlett Shields Shuman Smith, V. T. Stalnaker Underwood Vaughan, D. N. Ward Whaley Wilson, J. M. Winkles
Those not voting were Messrs.:
Ballard Barfield Bennett Bond Brantley, H. H. Caldwell Gates Chandler Clarke Collins, J. F. Cooper, J. R. Crowe, W. J. Daugherty Da vis Dickinson Dillon Dodson Dollar Doster Floyd Gaynor Gignilliat Grier Gunter
Hadaway Hale Hamilton Hargrett Harris, J. R. Higginbotham Holder Hood Howell Johnson, B. Joiner Jordan Knapp Laite Lee, W. S. Lovell Magoon Mauldin Maxwell McCracken McDaniell Moate Moreland Mullinax
Murphy Nimmer Odom Pickard Ragland Rainey Rowland Russell Sherman Sims Smith, J. R. Smith, W. L. Snow Starnes Sullivan Thompson, A. W. Tye Vaughn, C. R. Ware Westlake Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 80, nays 55.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Parker of the 55th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to SB 385, as amended.
FRIDAY, MARCH 8, 1968
3293
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
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.
The following Senate amendments were read:
The Senate Judiciary Committee moves the following amendments to the Criminal Code of Georgia as quoted in Section 1 of HB 5.
1. After each chapter heading (all chapters) strike the index of section numbers and section captions.
2. In 26-302, subsection (b), (c), (d), (e), (f) and (g) be re numbered as subsections (c), (d), (e), (f), (g) and (i) respectively.
3. In 26-302, a new subsection (b) be added to read as follows:
"(b) Crime Committed on Boundary Line of Two Counties. If a crime is committed on, or immediately adjacent to, the boundary line between two counties, the crime shall be considered as having been committed in either county."
4. In 26-302, the subsection renumbered as (c) read as follows:
"(c) Criminal Homicide. Criminal homicide shall be considered as having been committed in the county iin which the cause of death was inflicted. If it cannot be determined in which county the cause of death was inflicted, it shall be considered that it was, inflicted in the county in which the death occurred. If a dead body is discovered in this State and it cannot be readily determined in what county the cause of death was inflicted, it shall be considered that the cause of death was inflicted in the county in which the dead body was dis covered."
5. In 26-302 a new subsection numbered (h) be added to read as follows:
"(h) Crime in More Than One County. If in any case it cannot be determined in what county a crime was committed, it shall be considered to have been committed, in any county in which the evidence shows beyond a reasonable doubt that it might have been committed."
6. In 26-401 (o) the word "issuance" be stricken and the word "filing" be inserted in lieu thereof.
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7. In 26-503 (d), the words "Guardian", "Trustee" and "Theft" be changed to read "guardian", "trustee" and "theft" respectively.
8. 26-506 be stricken and the following inserted in lieu thereof:
"26-506. Multiple Prosecutions for Same Conduct, (a) When the same conduct of an accused may establish the commission of more than one crime, the accused may be prosecuted for each crime. He may not, however, be convicted of more than one crime if (1) one crime is included in the other, or (2) the crimes differ only in that one is defined to prohibit a designated kind of conduct gener ally and the other to prohibit a specific instance of such conduct."
(b) If the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution except as provided in subsection (c).
(c) When two or more crimes are charged as required by sub section (b), the court in the interest of justice may order that one or more of such charges be tried separately."
9. 26-604. be stricken and the following inserted in lieu thereof:
"26-604. Consequences Presumed Intended. A person of sound mind and discretion is presumed to intend the natural and probable consequences of his acts, but the presumption may be rebutted."
10. In 26-606 between the word "mind" and the word "but" add the words "and discretion."
11. 26-703 be stricken and the following inserted in lieu thereof:
"26-703. Delusional Compulsion. A person shall not be found guilty of a crime when at the time of the act, omission, or negligence constituting the crime, such person, because of mental disease, in jury, or congenital deficiency, acted as he did because of a delusional compulsion as to such act which overmastered his will to resist com mitting the crime."
12. 26-704 be stricken and the following inserted in lieu thereof:
"26-704. Intoxication. A person shall not be found guilty of a crime when at the time of the act, omission, or negligence constitut ing the crime, such person, because of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act. Involuntary intoxication means intoxication caused (a) by consumption of a substance through excusable ignorance and (b) by the coercion, fraud, artifice, or con trivance of another person. Voluntary intoxication shall not be an excuse for any criminal act or omission."
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3295
13. A new section 26-705 be added to read as follows:
"26-705. Mistake of Fact. A person shall not be found guilty of a crime if the act or omission to act constituting the crime were induced by a misapprehension of fact, which, if true, would have justified the act or omission."
14. In 26-803 (a) (2) strike the words "commission of" and insert in lieu thereof the words "act or omission constituting."
15. In 26-901 (a) between the figures "26-905" and "26-906" change the word "and" to "or".
16. In 26-902 (a) strike the period at the end of the first sentence, insert a semicolon and make the word "However" read "however"; and immediately before last word in the subsection, "felony", add the word "forcible".
17. In 26-902 (b) in the last clause strike the word "initial" where it appears immediately before the word "aggressor".
18. In 26-903, strike the period at the end of the first sentence, in sert a semicolon and make the word "However" read "however"; change the indicator "(a)" to "(1)" and "(b)" to "(2)"; strike the words "or surprise" after the word "manner" in (1) and immediately thereafter change the word "or" to "and".
19. In 26-905 in the second sentence, change the words "commission of a crime originates" to "commission of the crime originated" and the word "induces" to "induced".
20. In 26-1101, strike the last sentence; identify this section as sub section (a) and add the following subsections:
"(b) A person also commits the crime of murder when in the commission of a felony he causes the death of another human being, irrespective of malice.
(c) A person convicted of murder shall be punished by death or by imprisonment for life."
21. In 26-1102, in the first line after the words "human being" add a comma; in the second line after the word "murder" add a comma; in the fourth line, after the words "reasonable person;" strike the word "for" and add the word "however" followed by a comma.
22. 26-1103 be stricken and the following inserted in lieu thereof:
"26-1103. Involuntary Manslaughter, (a) A person commits in voluntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by, the commission of an unlawful act other than a felony.
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A person convicted under this subsection shall be punished by im prisonment for not less than one year nor more than five years.
(b) A person commits involuntary manslaughter in the com mission of a lawful act in an unlawful manner when he causes the death of another human being, without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. A person convicted under this sub section shall be punished as for a misdemeanor.
23. 26-1201, 26-1202, and 26-1203 be stricken and the following be inserted in lieu thereof:
"26-1201. Criminal Abortion. Except as otherwise provided in Section 26-1202, a person commits criminal abortion when he ad ministers any medicine, drug or other substance whatever to any woman or when he uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion.
12-1202. Exception, (a) Section 26-1201 shall not apply to an abor tion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 84-9 or 84-12 of the Code of Georgia of 1933, as amended, based upon his best clinical judgment that an abortion is necessary because:
(1) A continuation of the pregnancy would endanger the life of the pregnant woman or would seriously and permanently injure her health; or
(2) The fetus would very likely be born with a grave, perman ent, and irremediable mental or physical defect; or
(3) The pregnancy resulted from forcible or statutory rape.
(b) No abortion is authorized or shall be performed under this sec tion unless each of the following conditions is met;
(1) The pregnant woman requesting the abortion certifies in writing under oath and subject to the penalties of false swearing to the physician who proposes to perform the abortion that she is a bona fide legal resident of the State of Georgia.
(2) The physician certifies that he believes the woman is a bona fide resident of this State and that he has no information which should lead him to believe otherwise.
(3) Such physician's judgment is reduced to writing and con curred in by at least two other physicians duly licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Geor gia of 1933, as amended, who certify in writing that based upon their separate personal medical examinations of the pregnant woman, the abortion is, in their judgment, necessary because of one or more of the reasons enumerated above.
FRIDAY, MARCH 8, 1968
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(4) Such abortion is performed in a hospital licensed by the State Board of Health and accredited by the Joint Commission on Accreditation of Hospitals.
(5) The performance of the abortion has been approved in advance by a committee of the medical staff of the hospital in which the operation is to be performed. This committee must be one established and maintained in accordance with the standards promulgated by the Joint Commission on the Accreditation of Hospitals, and its approval must be by a majority vote of a member ship of not less than three members of the hospital's staff; the physician proposing to perform the operation may not be counted as a member of the committee for this purpose.
(6) If the proposed abortion is considered necessary because the woman has been raped, the woman makes a written statement under oath, and subject to the penalties of false swearing, of the date, time and place of the rape and the name of the rapist, if known. There must be attached to this statment a certified copy of any report of the rape made to any law enforcement officer or agency and a statement by the solicitor general of the judicial circuit where the rape occurred or allegedly occurred that, according to his best information, there is probable cause to believe that the rape did occur.
(7) Such written opinions, statements, certificates, and con currences are maintained in the permanent files of such hospital and are available at all reasonable times to the solicitor general of the judicial circuit in which the hospital is located.
(8) A copy of such written opinions, statements, certificates, and concurrences is filed with the Director of the State Department of Public Health within ten (10) days after such operation is per formed.
(9) All written opinions, statements, certificates, and concur rences filed and maintained pursuant to paragraphs (7) and (8) of this subsection shall be confidential records and shall not be made available for public inspection at any time.
(c) Any solicitor general of the judicial circuit in which an abor tion is to be performed under this section, or any person who would be a relative of the child within the second degree of consanguinity, may petition the superior court of the county in which the abortion is to be performed for a declaratory judgment whether the performance of such abortion would violate any constitutional or other legal rights of the fetus. Such solicitor general may also petition such court for the pur pose of taking issue with compliance with the requirements of this sec tion. The physician who proposes to perform the abortion and the preg nant woman shall be respondents. The petition shall be heard expeditiously and if the court adjudges that such abortion would violate the consti tutional or other legal rights of the fetus, the court shall so declare and shall restrain the physician from performing the abortion.
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(d) If an abortion is performed in compliance with this section, the death of the fetus shall not give rise to any claim for wrongful death.
(e) Nothing in this section shall require a hospital to admit any patient under the provisions hereof for the purpose of performing an abortion, nor shall any hospital be required to appoint a committee such as contemplated under subsection (b)(5). A physician, or any other per son who is a member of or associated with the staff of a hospital, or any employee of a hospital in which an abortion has been authorized, who shall state in writing an objection to such abortion on moral or religious grounds shall not be required to participate in the medical procedures which will result in the abortion, and the refusal of any such person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person."
24. Renumber 26-1204 as 26-1203.
25. 26-1305 be stricken and the following inserted in lieu thereof:
"26-1305. Aggravated Battery. A person commits aggravated battery when he maliciously causes bodily harm to another by de priving him of a member of his body, or by rendering a member of his body useless, or by seriously disfiguring his body or a member thereof. A person convicted of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years."
26. In 26-1306 in the first line, before the word "assault" add the word "simple" and before the word "battery" add the word "simple".
27. In 26-1307, change caption to read "Terroristic Threats and Acts", identify the section as subsection (a), strike the last sentence,
and add the following subsections (b) and (c):
"(b) A person commits a terroristic act when he uses a burning or flaming cross, or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household.
"(c) A person convicted of a terroristic threat or act shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than five years, or by both."
28. In 26-1308, in the second line, strike the word "sufficient".
29. In 26-1310, in the caption and in the first sentence, strike the word "imprisonment" and insert the word "confinement".
30. In 26-1311 (b), in the first sentence after the word "person" insert "over the age of 17".
FRIDAY, MARCH 8, 1968
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31. In 26-1312, in the first sentence, strike the words "including parents of committed person" and at the end of the section add the sentence: "The word 'person' includes a parent of a committed person".
32. In 26-1401, in the fifth line, place a comma after the word "building" and insert the following words: "vehicle, railroad car, watercraft, aircraft".
33. A new section 26-1405 be added to read as follows:
"26-1405. Criminal Possession of an Incendiary, (a) A person commits criminal possession of an incendiary when he possesses, manu factures, sells, offers for sale, gives away, or transports a fire bomb or molotov cocktail.
(b) The terms 'fire bomb' and 'molotov cocktail' mean any device, by whatever name called, made of a breakable container containing a flammable liquid or compound with a flash point of one hundred fifty (150) degrees Fahrenheit or less which has a wick or any similar material, which, when ignited, is capable of igniting such flammable liquid or compound when such device is thrown or dropped. These terms do not include a device which is manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving or other hazards on streets, roads, highways and bridges.
(c) Subsection (a) does not apply to a device coming within the definition of subsection (b) when it is in the use, possession or control of a member of the armed forces of the United States, or a fireman or a law enforcement officer when acting in his official capacity or otherwise under proper authority.
(d) A person convicted of criminal possession of an incendiary shall be punished by imprisonment for not less than one nor more than three years, or by a fine not exceeding $1,000 or by both."
34. 26-1501, 1502, 1503 and 1504 be stricken and the following sec tions be inserted in lieu thereof:
"26-1501. Criminal Damage to Property in the First Degree. A person commits criminal damage to property in the first degree when he: (a) knowingly and without authority interferes with any property in a manner so as to endanger human life; or (b) knowing ly and without authority and by force or violence, interferes with the operation of any system of public communication, public transpor tation, sewerage, drainage, water supply, gas power or other public utility service, or to any constituent property thereof. A person con victed of criminal damage to property in the first degree shall be punished by imprisonment for not less than one nor more than ten years.
"26-1502. Criminal Damage to Property in the Second Degree. A person commits criminal damage to property in the second degree when he (a) intentionally damages any property of another person.
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without his consent and the damage thereto exceeds $100; or (b) recklessly, or intentionally, by means of fire or explosive, damages property of another person; or (c) with intent to damage, starts a fire on the land of another without his consent. A person convicted of criminal damage to property in the second degree shall be pun ished by imprisonment for not less than one nor more than five years.
"26-1503. Criminal Trespass, (a) A person commits criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $100 or less, or know ingly and maliciously interferes with the possession or use of the property of another person without his consent.
(b) A person commits criminal trespass when he knowingly and without authority:
(1) Enters upon the land or premises of another person, or into any part of any vehicle, railroad car, aircraft, or watercraft of another person, for an unlawful purpose; or
(2) Enters upon the land or premises of another person, or into any part of any vehicle, railroad car, aircraft, or watercraft of another person, after receiving, prior to such entry, notice from the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person, or within the vehicle, railroad car, aircraft, or watercraft of another person, after receiving notice from the owner or rightful occupant to depart.
(c) A person convicted of criminal trespass shall be punished as for a misdemeanor."
35. Renumber 26-1505 as 26-1504 and 26-1506 as 26-1505.
36. 26-1602 be stricken and the following inserted in lieu thereof:
"26-1602. Possession of Tools for the Commission of Crime. A person commits possession of tools for the commission of crime when he has in his possession any tool, explosive or other device commonly used in the commission of burglary, theft or other crime
with the intent to make use thereof in the commission of a crime. A person convicted of possession of tools for the commission of crime shall be punished by imprisonment for not less than one nor more than five years."
37. Renumber 26-1702 as 26-1704, 26-1703 as 26-1705, 26-1704 as 26-1706, and 26-1705 as 26-1707.
38. 26-1701 be stricken, and the following sections be inserted and added:
FRIDAY, MARCH 8, 1968
3301
"26-1701. Forgery in the First Degree, (a) A person commits forgery in the first degree when with intent to defraud, he knowingly makes, alters or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, or at another time, or with different provisions, or by authority of one who did not give such authority and utters or delivers such writing.
(b) A person convicted of forgery in the first degree shall be punished by imprisonment for not less than one nor more than ten years.
"26-1702. Forgery in the Second Degree, (a) A person commits forgery in the second degree when he knowingly makes, alters or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by an other person, or at another time, or with different provisions, or by authority of one who did not give such authority with the intent to defraud.
(b) A person convicted of forgery in the second degree shall be punished by imprisonment for not less than one nor more than five years."
"26-1703. Definition. For purposes of Sections 26-1701 and 261702, the word 'writing' includes, but is not limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege or identification."
39. 26-1705, as renumbered, be stricken and the following inserted:
"26-1705. Improper Use of a Credit Card, (a) A person commits improper use of a ceridt card when for the purposes of obtaining credit he knowingly uses: (1) a credit card which has not been issued to him and which is not used with the consent of the person to whom issued; or (2) a credit card which has been revoked or cancelled by the issuer of such card and written notice thereof has been received by the person to whom the card was issued. A person convicted of improper use of a credit card shall be punished as for a misdemeanor.
(b) As used in this section 'credit card' means an identification card, credit number, credit device, or other credit document issued to a person by a business organization which permits such person to purchase or obtain goods, property or service on credit.
(c) The use of a revoked credit card for the purpose of obtain ing credit shall be prima facie evidence of knowledge that the credit card had been revoked of the purchaser shall not have paid to the issuer of the credit card the total amount of the credit purchase within 30 days after receiving written notice that such credit card had been revoked at the time the purchase was made, which notice shall also state the amount due on such purchase."
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40. In 26-1707, as renumbered, in item (b), between the word "re presented" and the word "quantity" insert the words "quality or".
41. In 26-1802, number the section as (a) and add the following subsection (b):
"(b) A person commits theft by taking when, in any mercantile establishment in which merchandise is displayed for sale in such manner as to be readily accessible to persons shopping therein, he:
(1) Removes any such merchandise from the immediate place of display; or
(2) Conceals any such merchandise; or
(3) Alters any label or marking on such merchandise; or
(4) Transfers any such merchandise from a container in which it may be displayed to any other container, with the intent to ap propriate such merchandise to his own use, or to deprive the owner of possession thereof, or of the value thereof, in whole or part. The crime of theft by taking under the circumstances of this subsection shall also be known as shoplifting.
41a. In 26-1803, strike subsection (d) and insert the following sub section:
"(d) Sells or otherwise transfers or encumbers property, inten tionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or
42. In 26-1806, strike subsection (a) and insert the following sub sections:
"(a) A person commits theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. 'Receiving' means acquiring possession or control or lending on the security of the property.
"(b) In any prosecution under this section it shall not be nec essary to show a conviction of the principal thief."
43. 26-1807 be stricken and the following be inserted in lieu there of:
"26-1807. Theft of Services. A person commits theft of services when by deception and with the intent to avoid payment he know ingly obtains services, accomodations, entertainment, or the use of personal property which are available only for compensation."
FRIDAY, MARCH 8, 1968
8l>:<
44. 26-1808 be stricken and the following inserted in lieu thereof:
"26-1808. Theft by Conversion.
"(a) A person commits theft by conversion when, having law fully obtained funds or other property of another under an agree ment or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he know ingly converts the funds or property to his own use in violation of such agreement or legal obligation. This section applies whether the application or disposition is to be made from the funds or property of another, or from the accused's own funds or property in equi valent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own.
"(b) When, under subsection (a), an officer or employee of a government or of a financial institution fails to pay on account, upon lawful demand, from the funds or property of another held by him, he is presumed to have intended to convert such funds or property to his own use."
45. 26-1809(b)(2) change the word "ten" to "five".
46. In 26-1902, in the first sentence, place a period after the words "offensive weapon" and strike the remainder of that sentence.
47. In 26-2202, in the third sentence change "20" to "10".
47a. 26-2203 be stricken and the following be inserted in lieu there of:
"26-2203. Inciting to Insurrection. A person commits inciting to insurrection when he incites others to join in any combined resistance to the sovereign authority of the State, or any political subdivision thereof. A person convicted of this offense shall be punished by im prisonment for not less than one nor more than ten years. Inciting to insurrection shall be bailable only in the discretion of a judge of the superior court.
48. In 26-2601, strike the words "by imprisonment for not less than one nor more than ten years" and insert in lieu thereof "as for a misdemeanor'.
49. In 26-2602. strike the words "by imprisonment for not less than one nor more than five years" and insert in lieu thereof "as for a misdemeanor".
50. In 26-2604 in the clause identified as (a), after the words "peace officer' and before the word "before", change the word "or" to "and".
50a. In 26-2606 in the title, Refusal to Disburse, strike the word "Disburse" and insert in lieu thereof the word "Disperse".
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51. 26-2612 be stricken and another section 26-2612 inserted in lieu thereof as follows:
"26-2612. Litter on Highway or on Land or Water of Another. A person, firm or corporation who willfully litters any public road or right of way with any trash, tin cans, garbage, rubbish, dead animals, discarded materials, sand, gravel, slag, or brickbats, or similarly litters the lands or waters of another, excluding tidal waters, without first having obtained his permission, is guilty of a misdemeanor."
52. 26-2613 be stricken and another section 26-2613 inserted in lieu thereof as follows:
"26-2613. Criminal Interference with Government Property.
(a) A person commits interference with government property when he destroys, damages or defaces government property and up on conviction therefor shall be punished by imprisonment for not less than one nor more than five years.
(b) A person commits interference with government property when he forcibly interferes with or obstructs the passage into or from government property and upon conviction therefor shall be punished as for a misdemeanor."
53. Strike in its entirety Section 26-2711; renumber 26-2712 as 26-2711 and 26-2713 as 26-2712.
54. 26-2803 be stricken and the following inserted in lieu thereof:
"26-2803. Misuse of National or State Flag. A person who de liberately mutilates, defaces, or defiles the flag of the United States or of the State of Georgia, or who uses such flag or flags for com mercial advertising purposes, is guilty of a misdeanor."
55. 26-2903 be stricken and the following inserted in lieu thereof:
"26-2903. Carrying Pistol without License. A person commits a misdemeanor when he has or carries on or about his person outside of his home, automobile or place of business any pistol or revolver, whether concealed or not, for which he has not obtained a license from the ordinary of the county in which he resides."
56. Strike in its entirety Section 26-2914.
57. In 26-3007, after the words "except to prove violations of this Chapter" place a period and strike the remainder of the section.
58. In 26-3102, strike the last sentence and insert in lieu thereof the following:
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3305
"Unless the jury trying the case recommends the death sentence in its verdict, the court shall not sentence the defendant to death."
Senator Brown of the 46th moves to amend HB 5, as follows:
By adding in Section 1 at the end of Chapter 26-18 a new Code Sec tion to be designated Code Section 26-1820, to read as follows:
"26-1813. Motor Vehicle Theft and Related Offenses.
(a) First Offense. (1) Motor Vehicles.--The theft of any motor vehicle as defined by an Act regulating traffic upon the high ways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 566), shall be a felony. Any person convicted thereof shall, on the first offense, be punished by imprisonment in the penitentiary for not less than three years nor more than seven years. Provided that the jury may recommend that same be punished as for a mis demeanor.
(2) Motor Vehicle Parts and Components.--The theft of any motor vehicle part or component shall be a felony unless the part or compenent has a value of less than one hunderd ($100.00) dollars in which case the offense shall constitute a misdemeanor. Any person convicted of theft of a motor vehicle part or component shall, on the first offense, be punished by imprisonment in the penitentiary for not less than two years nor more than five years, if the value of the part or component is one hundred ($100.00) dollars or more and any person convicted of theft of a motor vehicle part or component with a value of less than one hundred ($100.00) dollars shall be punished as for a misdemeanor. For the purposes of this subsection where a single act of theft involves the taking of more than one part or component the total value of all parts or components taken at the time shall be added together in determing whether the one hundred dollar limitation constituting a felony has occurred. If the total value of all such parts taken at the same time are one hundred ($100.00) dollars or more, then the crime shall be a felony as here inbefore mentioned. Provided that upon a recommendation of a jury same shall be treated as a misdemeanor and the court upon a plea of guilty shall have the power to punish as for a misdemeanor.
"(b) Subsequent Offenses. Notwithstanding any other provi sions of this Chapter, whenever any person shall have been peviously convicted of the theft of any motor vehicle as defined in an Act regulating traffic upon the streets and highways of the State of Georgia, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, or any part or component where the same constitutes a felony as provided in subsection (a) (2) above, such person shall, upon the second conviction for any of such offenses be punished by imprisonment in the penitentiary for not less than five (5) nor more than ten (10) years, and such person shall, upon the third and any subsequent conviction for any of such offenses, be punished by imprisonment in the penitentiary for not less than ten (10) nor more than twenty (20) years.
"(c) Procedure for Determining Sentence. (1) Indictment. The indictment charging any offense under this section shall contain the same allegations as prior to the adoption of this Act.
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(2) Method for Establishing Sentence, (i) Jury Trials. The jury shall first make a determination as to the guilt or innocence of the defendant. Upon such a determination, the foreman of the jury shall so report the same to the judge. In the event such determination is that the defendant is guilty of the offense charged, then the judge shall recall the jury and the solicitor shall present evidence as to the sentence to be imposed. Such evidence shall consist of whether the defendant has been previously convicted of the larceny of any motor vehicle as provided in this Act and, in the event this be the case, whether the current offense is the second, third of subsequent of fense of the defendant. In the event the solicitor proves that the defendant has been previously convicted, then the judge shall charge the jury that in setting sentence if this be the defendant's second conviction they shall set a sentence for a determined number of years, not less than five nor more than ten years. In the event such conviction is the third or any subsequent conviction for the defend ant, then the judge shall charge the jury that in setting the sentence the jury shall set the sentence for a determinate number of years not less than ten nor more than twenty years. In the event the solicitor fails to prove that the defendant has been previously convicted as provided herein then the judge shall charge the jury that, in deter mining the sentence, the sentence shall be for a specific number of years not less than three nor more than seven years, provided that the jury may recommend that the same be punished as for a mis
demeanor.
The defendant shall have the right to challenge or impeach any evidence that the solicitor may present as provided in this subsection in the same manner as with other evidence on the principal issue of guilt.
(ii) Non-Jury Trials. Upon the judge making a determination that the defendant is guilty then the solicitor shall present evidence as to any previous convictions for the same type crime as provided in jury trials and the defendant shall have the same right to chal lenge or impeach such evidence as in jury trials. Upon a determina tion by the judge that the defendant has been previously convicted in accordance with this subsection, then he shall impose sentence for a specific number of years in the same manner as provided for with jury trials. For a first offense the sentence shall be not less than three nor more than seven years, for a second offense not less than five nor more than ten years and for a third or subsequent offense not less than ten nor more than twenty years. Provided, however, that in the case of first offenders, the judge may punish the defendant as for a disdemeanor and in the case of jury trials where the jury recommends the defendant be punished as for a mis demeanor, the judge may ignore or accept such recommendation and, in the event he accepts such recommendation, he shall sentence the defendant accordingly. In the event he rejects such recommen dation, he shall set the sentence for a specific term of years, not less than three nor more than seven years."
Senator Smalley of the 28th moves to amend HB 5 as follows:
59. Add a new Chapter to be designated as Chapter 26-32 as follows:
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3307
"CHAPTER 26-32. CONSPIRACY.
26-3201. Conspiracy to commit a crime.
A person commits conspiracy to commit a crime when he to gether with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. If the crime which was conspired to be committed is a felony, each person convicted of violating this sec tion shall be punished by imprisonment for not less than one nor more than five years or the punishment provided for such felony, whichever is the lesser. If the crime which was conspired to be com mitted is a misdemeanor each person convicted of violating this section shall be punished the same as the punishment provided for such misdemeanor."
26-3202. Co-conspirators.
A co-conspirator may be relieved from the effects of this Act if he can show that before the overt act occurred, he withdrew his agreement to commit a crime."
Mr. Harris of the 118th moved that the House agree to the Senate amend ments.
On the motion, the ayes were 148, nays 0.
The Senate amendments to HB 5 were agreed to.
HB 881. By Messrs. Paris of the 23rd, Wamble of the 90th, Sims of the 131st and others:
A Bill to be entitled an Act to establish a violation point system for the assessment of points for all the various moving traffic violations occur ring within or without the State of Georgia which are committed by holders of Georgia driver's licenses; and for other purposes.
The following Senate amendments were read:
Senator Coggin of the 35th moves to amend House Bill No. 881 as follows:
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
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"Section 3. The Director shall suspend the driver's license for a period of not more than one year of any person who has accumu lated a violation point count of 15 or more points in any consecutive 18 month period. Upon the reinstatement of the license, the violation point count of such person shall be reduced to six. If no additional violation points are accumulated by such person within the 12 months subsequent to the reinstatement, the violation point count shall be reduced to zero."
Senator Andrew of the 49th moves to amend HB 881 as follows:
By striking Section 11 in its entirety and substituting in lieu thereof a new Section 11 to read as follows:
"Section 11. The provisions of this Act shall become effective on May 1, 1969."
Mr. Paris of the 23rd moved that the House agree to the Senate amendments.
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 Berry, C. E. Berry, J. K. Blalock Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Cheeks Cole Collins, J. F. Conner Cook Cooper, J. R. Crowe, W. J. Daugherty Davis DeLong
Dent Dillon Dixon Dodson Dorminy Doster Egan Fallin Farmer Farrar Funk Gary Gaynor Grahl Grier Hale Hamilton Harris, J. F. Harris, R. W. Harrison Higginbotham Hill Hood Howell Hutchinson Jenkins Johnson, A. S. Johnson, B.
Joiner Jones, C. M. Jones, M. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Leggett Levitas Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Moore, J. H. Nash
Nessmith Nimmer Northcutt Palmer Paris Parrish Peterson Phillips Potts Rainey Ross Rowland Rush
FRIDAY, MARCH 8, 1968
Russell Savage Scarlett Shanahan Sherman Sims Smith, G. W. Stalnaker Steis Sweat Thompson, A. W. Thompson, R. Town send
3309
Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Williams Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Black Bo wen Branch Cato Collins, M. Colwell Cooper, B. Cox Dailey Dean Dollar Douglas Edwards Floyd
Gay Graves Hadaway Hall Hargrett Henderson Holder Howard Leonard Matthews, D. R. Mixon Moore, Don C. Otwell Pafford
Poss Reaves Richardson Roach Shuman Simmons Starnes Sullivan Threadgill Underwood Whaley Wiggins Wilson, J. M.
Those not voting were Messrs.:
Barfield Battle Bennett Brantley, H. H. Busbee Chandler Clarke Crowe, William Dickinson Fleming Gignilliat Gunter Harrington Harris, J. R.
Jordan, G. Jordan, W. H. Laite Lane, W. J. Lee, W. S. Lewis Magoon McDaniell Moate Moreland Mullinax Murphy Newton Odom
Oglesby Parker, C. A. Parker, H. W. Pickard Ragland Shields Smith, J. R. Smith, V. T. Smith, W. L. Snow Tye Ware Mr. Speaker
On the motion, the ayes were 123, nays 41. The Senate amendments to HB 881 were agreed to.
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Mr. Smith of the 114th stated that he had been called from the floor of the House when the roll was called on HB 881, but had he been present would have voted "Aye".
HB 1492. By Mr. Brantley of the 63rd:
A Bill to be entitled an Act relating to nursing homes and personal care homes; to provide for the licensing of nursing home administrators; to create the Georgia State Board of Nursing Homes, fixing its member ship, and prescribing its powers, duties and functions; to provide require ments for licensure as a Nursing Home Administrator; and for other purposes.
The following Senate amendment was read:
Committee on Health and Welfare moves to amend House Bill No. 1492, as follows:
By renumbering Section 11 as Section 12.
By adding following Section 10 a new Section 11 to read as follows:
"Section 11. No provision of this Act shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing or collecting any license fee, registration fee, tax or gross receipt tax on any profession covered by this Act or upon any related profession or any one engaged in any related pro fession governed by the provisions of this Act."
Mr. Brantley of the 63rd moved that the House agree to the Senate amend ment.
On the motion, the ayes were 151, nays 0.
The Senate amendment to HB 1492 was agreed to.
HB 671. By Messrs. Palmer and Vaughn of the 117th, Jenkins of the 119th and 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 change the pro visions relating to creditable service for prior teaching in other State or independent school systems; and for other purposes.
The following Senate Committee amendment was read:
FRIDAY, MARCH 8, 1968
3311
Committee on Retirement moves to amend House Bill No. 671 as follows:
By adding in the title before the words "to repeal conflicting laws;" the words "to provide that similar benefits received by a resident of this State from a similar retirement system of another State or political sub division, on a comity basis, may have similar exemptions;".
By adding a new section to be known as Section 2 to read as follows:
"Section 2. Said Act is further amended by designating the present language of Section 10 as subsection (a) and adding a new subsection (b) to read as follows:
'(b) A resident of this State who receives a pension, annuity or retirement allowance from a teachers' retirement system of another State or political subdivision shall have the same exemption or exemptions with respect thereto as are prescribed in subsection (a) provided the law of such other State or political subdivision allows substantially the same treatment to a person residing there with respect to a pension, annuity or retirement allowance received from the Teachers' Retirement System of Georgia'."
By renumbering present Section 2 of said bill as Section 3.
Mr. Palmer of the 117th moved that the House agree to the Senate Committee amendment.
On the motion, the ayes were 103, nays 0.
The Senate Committee amendment to HB 671 was agreed to.
The following Senate floor amendment was read:
Senator Hall of the 52nd moves to amend HB 671 as follows:
By adding at the end of quoted Section (5-A) of Section 1 the following:
"Any other provisions of this Act to the contrary notwithstand ing, any former member of the Teachers' Retirement System who has accumulated fifteen or more years of creditable service which has not been withdrawn may re-enter the Teachers' Retirement System and receive credit for prior teaching service in any inde pendent school system, up to a maximum of ten years, by paying into the Teachers' Retirement System the employee's contribution which would have been paid, plus interest at the rate of 3% compounded annually."
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Mr. Palmer of the 117th moved that the House disagree to the Senate floor amendment.
The motion prevailed, and the House disagreed to the Senate floor amend ment to HB 671.
Under the general order of business established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 245. By Senator Kidd of the 25th:
A Resolution requesting the State Department of Public Health to trans fer certain real property, buildings and other facilities to the State Properties Control Commission; and for other purposes.
The following substitute, offered by Mr. Chandler of the 47th, was read and adopted:
A RESOLUTION
Authorizing and directing the State Department of Public Health to transfer certain property, equipment and facilities to the State Prop erties Control Commission and providing for the disposition thereof by said Commission; and for other purposes.
WHEREAS, certain real property which has been utilized for farm ing operations at Central State Hospital, except the property needed by Central State Hospital, has become surplus and is no longer of any use to Central State Hospital; and
WHEREAS, said real property should be transferred to the State Properties Control Commission so that said property may be utilized profitably; and
WHEREAS, the equipment, the abattoir, the swine operation facili ties, swine parlor, buildings utilized in the swine projects, the broiler and egg houses and other facilities, which have been utilized for farming operations at Central State Hospital, are surplus and no longer of any use to Central State Hospital and such equipment, facilities and build ings should be transferred to the State Properties Control Commission to be leased by said Commission in the same manner in which other state property is leased by said Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby authorize and direct the State Department of Public Health to declare the real property involved in its farming operation at Central State Hospital, except that
FRIDAY, MARCH 8, 1968
3313
needed by Central State Hospital, to be surplus and to transfer said real property to the State Properties Control Commission.
BE IT FURTHER RESOLVED that immediately upon receiving said real property, the State Properties Control Commission is hereby authorized and directed to contact the various agencies and departments of the State of Georgia and to determine the most profitable use of said real property among the various agencies and departments of the State and to transfer said real property accordingly.
BE IT FURTHER RESOLVED that this body does hereby author ize and direct the State Department of Public Health to declare the equipment, the abattoir, the swine operation facilities, swine parlor, buildings utilized in the swine projects, broiler and egg houses and other facilities utilized in the farming operation to be surplus and to transfer same to the State Properties Control Commission to be leased by said Commission in the manner in which other State property is leased by said Commission.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the Governor, the Director of the State Department of Public Health and to the Chairman of the State Properties Control Commission.
BE IT FURTHER RESOLVED that the transfer of property and other facilities provided for herein shall become effective on July 1, 1968.
The report of the Committee, which was favorable to the adoption of the Reso lution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Mr. Moate of the 39th moved that the House recede from its position in amending the following Resolution of the Senate:
SR 178. By Senator Kidd of the 25th:
A Resolution creating a committee to monitor the progress of the Uni form Consumer Credit Code; and for other purposes.
On the motion, the ayes were 113, nays 42.
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The motion prevailed, and the House receded from its position.
Due to mechanical failure, the roll call on the motion to recede on SR 178 could not be verified.
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 Resolution of the House, to-wit:
HR 723-1549. By Mr. Jones of the 76th: A Resolution proposing an amendment to the Constitution so as to create the Mclntosh County Industrial Development Authority; and for other purposes.
HR 665-1435. By Messrs. Smith of the 114th, Tye and Whaley of the 115th, Battle of the 116th, Berry and Gignilliat of the 113th:
A Resolution proposing an amendment to the Constitution so as to pro vide the procedure whereby taxes other than ad valorem property taxes may be levied in the City of Savannah and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies; and for other purposes.
HR 738-1616. By Mr. Johnson of the 40th: A Resolution proposing an amendment to the Constitution so as to create the Glascock County Industrial Development Authority; and for other purposes.
HR 739-1616. By Mr. Johnson of the 40th: A Resolution proposing an amendment to the Constitution so as to create the Warren County Industrial Development Authority; and for other purposes.
The Senate has adopted, by substitute, by the requisite constitutional major ity the following Resolution of the House, to-wit:
FRIDAY, MARCH 8, 1968
3315
HR 537-1179. By Mr. Ward of the 2nd:
A Resolution proposing an amendment to the Constitution, so as to pro vide an exemption of $4,000.00 from all State and County ad valorem taxes of the homestead of persons 65 years of age or older; and for other purposes.
The Senate insists on its substitute to the following Bill of the House, to-wit:
HB 1198. By Messrs. Barber of the 24th, Smith of the 54th, Paris of the 23rd, Lee of the 35th, McCracken of the 49th, and others.
A Bill to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable require ments relating to skill, effort and responsibility, so as to define "Com missioner", and for other purposes.
The Senate insists on its substitute and has appointed a Committee of Con ference on the following Resolution of the House, to-wit:
HR 6-1. By Messrs. Smith of the 54th, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and others:
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.
The President has appointed on the part of the Senate the following: Senators Gardner of the 1st, Broun of the 46th, and Johnson of the 42nd.
The Senate has appointed a Second Committee of Conference on the following Bill of the Senate, to-wit:
SB 374. By Senator London of the 50th:
A Bill to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; to provide for elec tion, qualifications of said board; and filling of vacancies of members of said board; to provide for an oath; to repeal conflicting laws; and for other purposes.
The President has appointed the following: Senators Maclntyre of the 40th, Chapman of the 32nd, and Kidd of the 25th.
3316
JOURNAL OF THE HOUSE,
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 329. By Senators Pincher of the 54th, Noble of the 19th, McGill of the 24th and others:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Director of the Department of State Parks, so as to change the com pensation of the Director; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Barber Battle Black Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Brown, B. D. Busbee Caldwell Carnes Gates Cato Chandler Clarke Collins, J. F. Colwell Conner Cook Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean Dickinson
Dillon Dixon Dollar Dorminy Doster Edwards
Egan Farmer Farrar Funk Gay Grahl Graves Grier Gunter Hale Hall
Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B.
Joiner Jones, C. M. Jones, M. Kaylor Kirksey Knapp Laite Lambert
Lambros Land Lane, Dick Lane, W. J. Lee, W. S. Leggett Leonard Levitas Lewis
Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin
McClatchey Melton Merritt Miller
Mixon Moate Moore, J. H. Murphy Nash Nessmith Newton Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips
FRIDAY, MARCH 8, 1968
Poss Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, V. T.
3317
Smith, W. L. Stalnaker Starnes Steis Sullivan Townsend Tucker Turner Underwood Walling Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Anderson Ballard Berry, J. K. Blalock Branch Brown, C. Cheeks Cole
Collins, M. Cooper, B. Douglas Fallin Gary Gaynor Hadaway Harris, J. F.
Howard Jordan, G. Lee, W. J. (Bill) Tye Vaughan, D. N. Whaley
Those not voting were Messrs.:
Barfield Bennett Berry, C. E. Bray Buck Crowe, W. J. DeLong Dent Dodson Fleming Floyd Gignilliat Hargrett Henderson
Hood Jordan, W. H. Maxwell McCracken McDaniell Moore, Don C. Moreland Mullinax Nimmer Northcutt Pickard Potts Russell Shields
Smith, J. R. Snow Sweat Thompson, A..W. Thompson, R. Threadgill Vaughn, C. R. Wamble Ward Ware Wells Mr. Speaker
On the passage of the Bill, the ayes were 143, nays 22.
The Bill, having received the requisite constitutional majority, was passed.
3318
JOURNAL OF THE HOUSE,
Mr. Magoon of the 19th stated that he had inadvertantly voted "aye" but intended to vote "nay" on the passage of SB 329.
The following Bill and Resolution of the House were taken up for the pur pose of considering the Senate substitutes and amendment thereto:
HB 862. By Messrs. Parker of the 55th, Lewis and Newton of the 50th and others: A Bill to be entitled an Act to amend an Act providing for grants to certain municipalities, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing for grants to cer tain municipalities, approved April 21, 1967 (Ga. Laws 1967, p. 889), so as to provide that the State Treasurer shall disburse grants on a semi annual basis; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for grants to certain municipalities, approved April 21, 1967 (Ga. Laws 1967, p. 889), is hereby amended by inserting- between the first and second sentences of Section 6 the following:
"The State Treasurer shall disburse such funds as provided for herein in two equal, or as nearly equal as possible, installments as allotted by the Budget Bureau, commencing with fiscal year 1970.",
so that when so amended Section 6 shall read as follows:
"Section 6. Funds distributed under this Act by the State Treas urer shall be paid to the municipality in the name of the municipal treasurer or other official or officials authorized to receive munici pal funds as listed in the certificate required by section 4 of this Act. The State Treasurer shall disburse such funds as provided for herein in two equal, or as nearly equal as possible, installments as alloted by the Budget Bureau, commencing with fiscal year 1970. Such funds shall be expended by the municipality only for the pur pose prescribed in section 1 of this Act.'"
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following Senate amendment was read:
FRIDAY, MARCH 8, 1968
3319
Senator Bateman of the 27th moves to amend Senate substitute to House Bill No. 862 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws;", the following:
"to change the basis of distributing funds to certain munici palities;".
By renumbering Section 2 as Section 3.
By inserting following Section 1 a new Section 2 to read as follows:
"Section 2. Said Act is further amended by adding after Sec tion 6 a new section to be known as Section 6A to read as follows:
'Section 6A. Whenever the basis of population is used in computing funds to be made available to any municipality under the provisions of this Act, and since the date of the latest United States census reflects a larger population for a munici pality, then the population as reflected in the later census as certified by the United States Census Bureau shall be used in computing the funds distributed to such a municipality.' "
Mr. Parker of the 55th moved that the House disagree to the Senate substi tute, as amended by the Senate, and the motion prevailed.
The Senate substitute, as amended by the Senate, to HB 862 was disagreed to.
HR 537-1179. By Mr. Ward of the 2nd:
A Resolution proposing an amendment to the Constitution, so as to pro vide an exemption of $4,000.00 from all State and County ad valorem taxes of the homesteads of persons 65 years of age or older; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide an exemption of $4,000.00 from all State and county ad valorem taxes on the homestead of persons sixty-five (65) years of age or older who have a net income as defined by Georgia law for income tax purposes, includ ing that of their spouse of less than $4,000.00 per annum; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
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JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph:
"Each person who is sixty-five (65) years of age or over and who does not have an income from all sources exceeding $3,000.00 per annum is hereby granted an exemption of $4,000.00 on his home stead which he owns and which he actually occupies as a residence, such exemption being from all State and county ad valorem taxes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestad exemption unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to wherther such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. The increased exemption provided for herein shall apply to all taxable years beginning after December 1, 1964.",
and substituting in lieu thereof the following paragraph:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any federal old-age, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commis sioner or tax receiver shall provide forms for this purpose. Such applications shall be processed in the same manner as other appli cations for homestead exemption, and the provisions of law appli cable to the processing of homestad exemptions, as the same now exists or may hereafter be amended, shall apply thereto. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased
FRIDAY, MARCH 8, 1968
3321
exemption provided for herein shall apply to all taxable years beginning after December 31, 1968."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The Ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for an exemption of $4,000.00 from all State and county ad valorem taxes on the homestad of owners sixty-five (65) year of age or older whose net income
NO ( ) as defined by Georgia law for income tax purposes when added to that of his spouse does not exceed $4,000.00 for the immediately preceding taxable year?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
Mr. Ward of the 2nd 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 Alexander Anderson Ballard Barber Battle Berry, J. K. Black, J. L. Blalock Bond Branch
Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Caldwell Carnes Gates Cato Chandler Cheeks
Clarke Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William
3322
Dailey Daugherty Da vis Dillon Dodson Dollar Doster Douglas Edwards Pallin Farmer Farrar Funk Gary Gay Gaynor Grahl Graves Gunter Hale Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson
Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp
JOURNAL OP THE HOUSE,
Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Nash Nessmith Newton Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss Potts Ragland
Rainey Reaves Richardson Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes
Steis Sullivan Threadgill Tucker Turner
Tye LTnderwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.
Egan
Harris, J. F.
Hill
Those not voting were Messrs.:
Barfield Bennett Berry, C. E. Bostick
Bowen Buck Busbee Crowe, W. J.
Dean DeLong Dent Dickinson
Dixon Dorminy Fleming Floyd Gignilliat Grier Hadaway Hood Howard Jordan, W. H. Laite
FRIDAY, MARCH 8, 1968
Lambros Lovell Magoon Maxwell McCracken Moate Moreland Mullinax Murphy Nimmer Phillips
3323
Pickard Roach Sims Smith, J. R. Snow Sweat Thompson, A. W. Thompson, R. Townsend Ware Mr. Sneaker
On the motion, the ayes were 157, nays 3. The Senate substitute to HR 537-1179 was agreed to.
Mr. Parker of the 55th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:
SB 385. By Senators Sells of the 37th, Hall of the 52nd and Smith of the 18th:
A Bill to be entitled an Act to provide that it shall be unlawful to make or cause to be made or duplicate master keys except under certain cir cumstances; and for other purposes.
On the motion, the ayes were 71, nays 55. The motion prevailed, and SB 385 was reconsidered.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 933. By Messrs. Murphy of the 26th and McClatchey cf the 138th: A Bill to be entitled an Act to amend Code Section 100-103, so as to provide that industrial revenue bonds of development authorities duly validated and not in default may be given by state depositories as se curity in lieu of bonds; and for other purposes.
The following report of the Committee Conference was read:
Mr. President:
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JOURNAL OF THE HOUSE,
Mr. Speaker:
Your conference committee to study House Bill No. 933 has met and recommends that the Senate amendment to said bill be accepted.
Respectfully submitted, Murphy of the 26th Odom of the 79th McClatchey of the 138th Holloway of the 12th Plunkett of the 30th Johnson of the 42nd
Mr. Odom of the 79th moved that the House adopt the report of the Com mittee of Conference.
On the motion, the ayes were 154, nays 0.
The report of the Committee of Conference on HB 933 was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on their position in substituting the same:
HB 1198. By Messrs. Barber of the 24th, Smith of the 54th, Paris of the 23rd, Lee of the 35th, McCracken of the 49th and others:
A Bill to be entitled an Act to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility, so as to define "Commission"; and for other purposes.
Mr. Barber of the 24th moved that the House insist on its position in dis agreeing to the Senate substitute and that a Committee of Conference be ap pointed to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House, the following members:
FRIDAY, MARCH 8, 1968
3325
Messrs. Barber of the 24th, Williams of the 16th and Farrar of the 118th:
Under the general order of business established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:
SB 41. By Senators Hall of the 52nd and Broun of the 46th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Compact for Education"; to enact said compact into law; to provide for the appointment of the Georgia members of the Education Commission of the States; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that the State of Georgia shall be a party to the "Compact for Education"; to enact said Compact into law; to declare the purpose and policy of said Compact; to define the term "State"; to provide for the designation and appointment of the Georgia members of the Education Commission of the States; to provide for the operation of the Commission; to provide for the powers of the Commission; to provide for the cooperation of the Commission with the Federal Government; to provide for committees; to provide for eligible parties; to provide for entry into and withdrawal from the Commission; to provide for the construction and severability of this Compact; to provide for the establishment of the Compact Advisory Committee; to provide that funds appropriated to the executive branch of government may be used to carry out the provisions of this Act; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Compact for Education is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:
COMPACT FOR EDUCATION
"Article I. Purpose and Policy,
(a) It is the purpose of this Compact to:
(1) Establish and maintain close cooperation and understand ing among executive, legislative, professional educational and lay leadership on a nationwide basis at the State and local levels.
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JOURNAL OF THE HOUSE,
(2) Provide a forum for the discussion, development, crystal lization and recommendation of public policy alternatives in the field of education.
(3) Provide a clearing house of information on matters relat ing to educational problems and how they are being met in differ ent places throughout the Nation, so that the executive and legis lative branches of State Government and of local communities may have ready access to the experience and record of the entire county, and so that both lay and professional groups in the field of educa tion may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in edu cation.
(4) Facilitate, the improvement of State and local educational systems so that all of them will be able to meet adequate and desir able goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
"(b) It is the policy of this Compact to encourage and pro mote local and State initiative in the development, maintenance, improvement and administration of educational systems and institu tions in a manner which will accord with the needs and advantages of diversity among localities and States.
"(c) The party States recognize that each of them has an in terest in the quality and quantity of education furnished in each of the other States, as well as in the excellence of its own educa tional systems and institutions, because of the highly mobile charac ter of individuals within the Nation, and because the products and services contributing to the health, welfare and economic advance ment of each State are supplied in significant part by persons edu cated in other States.
"Article II. State Defined. As used in this Compact, 'State' means a State, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
"Article III. The Commission.
(a) The Education Commission of the States, hereinafter called the 'Commission', is hereby established. The Commission shall consist of seven members representing each party State. One of such members shall be the Governor; one shall be elected by the Georgia Senate from its membership, and one shall be elected by the House of Representatives from its membership. Legislative members shall serve for a term of two years concurrently with their term of office; and four shall be appointed by and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. If the laws of a State prevent legislators from serving on the Commission, six members shall be appointed and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. In addition to any other principles or requirements which
FRIDAY, MARCH 8, 1968
3327
a State may establish for the appointment and service of its mem bers of the Commission, the guiding principle for the composition of the membership on the Commission from each party State shall be that the members representing such State shall, by virtue of their training, experience, knowledge or affiliations be in a posi tion collectively to reflect broadly the interest of the State Govern ment, higher education, the State education system, local educa tion, lay and professional, public and non-public educational leader ship. Of those appointees, one shall be the head of a state agency or institution, designated by the Governor, having responsibility for one or more programs of public education.
"(b) The members of the Commission shall be entitled to one vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of those Commissioners present cast their vote in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the Commissioners are present. The Commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the Commission may dele gate the exercise of any of its powers to the steering committee or the Executive Director, except for the power to approve budgets or requests for appropriations, the power to make policy recom mendations pursuant to Article IV and adoption of the annual report pursuant to Article III (j).
"(c) The Commission shall have a seal.
"(d) The Commission shall elect annually, from among its members, a chairman, who shall be a Governor, a vice chairman and a treasurer. The Commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the Commission, and together with the treasurer and such other personnel as the Commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.
"(e) Irrespective of the civil service, personnel or other merit system laws of any of the party States, the executive director sub ject to the approval of the steering committee shall appoint, re move or discharge such personnel as may he necessary for the per formance of the functions of the Commission, and shall fix the duties and compensation of such personnel. The Commission in its bylaws shall provide for the personnel policies and programs of the Commission.
" (f) The Commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.
"(g) The Commission may accept for any of its purposes and functions under this Compact any and all donations, and grants
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JOURNAL OF THE HOUSE,
of money, equipment, supplies, materials and services, conditional or otherwise, from any State, the United States, or any other governmental agency. The Commission may accept for any of its purposes and functions under this Compact any and all donations, grants of money, equipment, supplies, materials and services, con ditional or otherwise, from any person, firm, association, founda tion, or corporation, and may receive, utilize and dispose of the same, with the approval of the steering committee or the Execu tive Director, if the committee shall so delegate, or, if the commit tee shall not so delegate, with the approval of a majority of the Commissioners. Any donation or grant accepted by the Commis sion pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall he reported in the annual re port of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.
" (h) The Commission may establish and maintain such facili ties as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal prop erty and any interest therein.
"(i) The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the
party States.
"(j) The Commission annually shall make to the Governor and legislature of each party State a report covering the activities of the Commission for the preceding year. The Commission may make such additional reports as it may deem desirable.
"Article IV. Powers. In addition to authority conferred on the Commission by other provisions of the Compact, the Commission shall have authority to:
(1) Collect, correlate, and analyze information and data con cerning educational needs and resources.
(2) Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and stand ards employed or suitable for employment in public educational systems.
(3) Develop proposals for adequate financing of education as a whole and at each of its many levels.
(4) Conduct or participate in research of the types referred to in this Article in any instance where the Commission finds that such research is necessary for the advancement of the purposes and policies of this Compact, utilizing fully the resources of national
FRIDAY, MARCH 8, 1968
3329
associations, regional Compact organizations for higher education, and other agencies and institutions, both public and private.
(5) Formulate suggested policies and plans for the improve ment of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.
(6) Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this Compact.
"Article V. Cooperation With Federal Government. The Com mission may provide information and make recommendations to any executive or legislative agency or officer of the Federal Gov ernment concerning the common educational policies of the States, and may advise with any such agencies or officers concerning any matter of mutual interest.
"Article VI. Committees.
"(a) To assist in the expeditious conduct of its business when the full Commission is not meeting, the Commission shall elect a steering committee of thirty-two members, which, subject to the provisions of this Compact and consistent with the policies of the Commission, shall be constituted and function as provided in the bylaws of the Commission. One-fourth of the voting membership of the steering committee shall consist of Governors, one-fourth shall consist of legislators, and the remainder shall consist of other members of the Commission. A Federal representative on the Com mission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the Commission shall be elected as follows: sixteen for one year and sixteen for two years. The chairman, vice chair man, and treasurer of the Commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these of fices. Vacancies in the steering committee shall not affect its au thority to act, but the Commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two term limitation.
"(b) The Commission may establish advisory and technical committees composed of State, local, and Federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the States concerned, be established to consider any matter of spe cial concern to two or more of the party States.
"(c) The Commission may establish such additional committees as its bylaws may provide.
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JOURNAL OP THE HOUSE,
"Article VII. Finance.
"(a) The Commission shall advise the Governor or designated officer or officers of each party State of its budget and estimated expenditures for such period as may be required by the laws of that party State. Each of the Commissioner's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party States.
"(b) The total amount of appropriation requests under any budget shall be apportioned among the party States. In making such apportionment, the Commission shall devise and employ a formula which takes equitable account of the population and per capita income levels of the party States.
"(c) The Commission shall not pledge the credit of any party States. The Commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III (g) of this Compact, provided that the Commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to its pursuant to Article III (g) thereof, the Commission shall not incur any obligation prior to the allotment of funds by the party States adequate to meet the same.
"(d) The Commission shall keep accurate accounts of all re ceipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established by its bylaws; However, all receipts and disbursement of funds handled by the Commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the Commis sion.
"(e) The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party States and by any persons authorized by the Commission.
" (f) Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.
"Article VIII. Eligible Parties; Entry Into and Withdrawal.
(a) This Compact shall have as eligible parties all States, Territories, and Possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a Governor, the term 'Governor', as used in this Compact, shall mean the closest equivalent official of such jurisdiction.
"(b) Any State or other eligible jurisdiction may enter into this Compact and it shall become binding thereon when it has
FRIDAY, MARCH 8, 1968
3331
adopted the same: Provided that in order to enter into initial effect, adoption by at least ten eligible party jurisdictions shall be re quired.
"(c) Adoption of the Compact may be either by enactment thereof or by adherence thereto by the Governor. During any period when a State is participating in this Compact through gubernatorial action, the Governor shall appoint those persons who, in addition to himself, shall serve as the members of the Commis sion from his State, and shall provide to the Commission an equi table share of the financial support of the Commission from any source available to him.
"(d) Any party State may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the with drawing State has given notice in writing of the withdrawal to the Governors of all other party States. No withdrawal shall affect any liability already incurred by or chargeable to a party State prior to the time of such withdrawal.
"Article IX. Construction and Severability. This Compact shall be liberally construed so as to effectuate the purposes thereof. The Provisions of this Compact sahll be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any State or of the United States, or the application thereof to any Government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any Government, agency, person or circumstance shall not be affected thereby. If this Com pact shall be held contrary to the constitution of any State par ticipating therein, the Compact shall remain in full force and effect as to the State affected as to all severable matters."
Section 2. Pursuant to Article III (i) of the Compact, the Com mission shall file a copy of its bylaws and any amendment thereto with the Secretary of State.
Section 3. There is hereby established the Compact Advisory Committee composed of the members of the Education Commission of the States representing this State and such other persons appointed by the Governor at his discretion to serve at his pleasure. Such other persons shall be selected so as to be broadly representative of pro fessional and lay interest within this State having the responsibilities for, knowledge with respect to, and interest in educational matters. The Chairman shall be designated by the Governor from among its mem bers. The Committee shall meet on the call of its chairman or at the request of a majority of its members, but in any event the Committee shall meet not less than three times in each year. The Committee may consider any and all matters relating to recommendations of the Edu cation Commission of the States and the activities of the members in representing this State thereon.
Section 4. Funds appropriated or otherwise available to the execu tive branch of government of this State may be expended for the pur pose of carrying out the provisions of this Act.
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JOURNAL OP THE HOUSE,
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alexander Anderson Ballard Barber Berry, C. E. Bond Brown, B. D. Brown, C. Busbee Gates Chandler Cheeks Cole Colwell Cook Daugherty Dent Dickinson Dixon Egan
Farmer Farrar Graves Grier Hamilton Harris, J. F. Harris, J. R. Hutchinson Johnson, B. Jones, C. M. Jones, M. Laite Lee, W. S. Le vitas Lowrey Matthews, C. Mauldin McClatchey McCracken Melton
Miller Moore, J. H. Mullinax Newton Oglesby Paris Parker, H. W. Phillips
Ross Sims Snow Starnes Steis Thompson, A. W.
Townsend Walling Wamble Ward
Wells Williams
Those voting in the negative were Messrs.
Adams Berry, J. K. Black Branch Brantley, H. H.
Brantley, H. L. Bray Cato Clarke
Collins, J. F. Collins, M. Conner
Cooper, J. R. Dailey Da vis Dean
DeLong Dodson
Dollar Dorminy Doster
Douglas Edwards Fallin Fleming Funk
Gay Gaynor Grahl Gunter
Hadaway Hall
Harris, R. W. Henderson Higginbotham Hill
Holder Hood Howard Howell Jenkins Joiner
Kaylor Kirksey
Knapp Land
Lane, Dick Lane, W. J.
Lee, W. J. (Bill) Leonard Lewis Malone Mason Matthews, D. R. Mixon Moate Moore, Don C. Murphy Nash Nessmith Odom Palmer Parker, C. A. Parrish Peterson
FRIDAY, MARCH 8, 1968
Poss Potts Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Smith, G. W. Smith, J. R.
3333
Smith, W. L. Stalnaker Sullivan Sweat Threadgill Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles
Those not voting were Messrs.:
Barfield Battle Bennett Blalock Bostick Bowen Buck Caldwell Games Cooper, B. Cox Crowe, William Crowe, W. J. Dillon Ployd Gary
Gignilliat Hale Hargrett Harrington Harris, R. W. Johnson, A. S. Jordan, G. Jordan, W. H. Lambert Lambros Leggett Longino Lovell Magoon Maxwell McDaniell
Merritt Moreland Nimmer Northcutt Otwell Pafford Piekard Ragland Shields Smith, V. T. Thompson, R. Underwood Ware Wood Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 60, nays 98.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Harrison of the 98th stated that he had been called from the floor of the House when the roll was called on SB 41, by substitute, but had he been present would have voted "nay".
SR 63. By Senators Johnson of the 38th, Wesberry of the 37th and Andrews of the 49th: A Resolution to change the name and designation of the office of solicitor-general to district attorney.
3334
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Mr. Harris of the 118th moves to amend SR 63 as follows:
By inserting in Section 3, in quoted Paragraph I, the words "not less than" before the figure "$8,000" (which appears twice), before the figure "$6,000", and before the figure "250.00".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 155, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
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 followingBill of the House, to-wit:
HB 1002. By Mr. Kirksey of the 87th: A Bill to change the method of selecting the members of the Board of Education of Miller County; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 957. By Messrs. Graves, Starnes and Lowrey of the 13th, Ross of the 31st, Shanahan of the 8th, Moore of the 20th and others:
A Bill to amend Code Section 114-101, relating to the Workmen's Com pensation Law, so as to provide that all full-time county employees and employees of elected, salaried county officials are "Employees" within the meaning of this Act; and for other purposes.
The Senate insists on its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:
FRIDAY, MARCH 8, 1968
3335
HB 1423. By Messrs. Barber of the 24th, Stalnaker of the 59th, Wells of the 30th, Lewis of the 50th, Newton of the 50th, Lovell of the 6th and others:
A Bill to provide for tenure salary and compensation for those elective officers the election of which is provided for by Articles IV and V of the Georgia Constitution of 1945; and for other purposes.
The President has appointed on the part of the Senate the following:
Senators Smith of the 18th, Gillis of the 20th, and Pennington of the 45th.
The Senate has agreed to the House substitute to the Senate substitute to the following Bill of the House, to-wit:
HB 1467. By Messrs. Malone, Palmer, Smith and Vaughn of the 117th, Westlake, Higginbotharn, Davis and Jenkins of the 119th:
A Bill to amend an Act supplementing the existing laws of this State which enable DeKalb County to exercise the powers of planning, zoning and rezoning, so as to improve, clarify and make more complete the methods and procedures for the regulation of zoning and rezoning and ways setting the use to which land and/or the improvements thereon may be lawfully put; and for other purposes.
The following Bill and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 939. By Messrs. Murphy of the 26th and McClatchey of the 138th: A Bill to be entitled an Act to amend Code Title 13 known as the "Banking Law" of Georgia so as to provide that common stock which is used to convert capital notes or debentures or to consummate the sale of stock pursuant to the exercise of stock options shall be common stock authorized by amendment to the charter of the bank but not issued and sold at the time of such amendment; and for other purposes.
The following Senate amendment was read:
Senate Banking and Finance Committee moves to amend HB 939 as follows:
By striking from quoted Code Section 13-1002 of Section 3 the fol lowing:
"Provided, however, if the application is to change the city, town, or village from the county in which its office is located to
3336
JOURNAL OF THE HOUSE,
a location in another county, then the certified abstract from the minutes shall show that the amendment was authorized by the vote of 90 per cent of the outstanding capital stock of the bank at a meeting of the stockholders called for the purpose of acting thereon: Provided, however, if the move is from one location to another location in the same county, the consent of only two-thirds of the outstanding capital stock will be required.",
and inserting in lieu thereof the following:
"Provided, however, if the application is to change the loca tion of its office to a location in another county, then the certified abstract from the minutes shall show that the amendment was authorized by the vote of 90 percent of the outstanding capital stock of the bank at a meeting of the stockholders called for the purpose of acting thereon: Provided, however, if the move is from one location to another location in the same county, the consent of only two-thirds of the outstanding capital stock will be required."
Mr. Conner of the 91st moved that the House agree to the Senate amendment.
On the motion, the ayes were 149, nays 0.
The Senate amendment to HB 939 was agreed to.
HR 665-1435. By Messrs. Smith of the 114th, Tye of the 115th, Battle of the 116th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide the procedure whereby taxes other than ad valorem property taxes may be levied in the City of Savannah and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies; and for other purposes.
The following Senate amendment was read:
County and Municipal Governments Committee offers to amend HR 665, as follows:
By striking from the second quoted paragraph of Section 1, the following sentence:
"Provided, however, the said authority shall not set a date for such election if on said date the Commissioners of Chatham County have proposed any tax affecting the residents of Chatham
FRIDAY, MARCH 8, 1968
3337
County under authority granted to it in House Resolution 114-294.",
and substituting in lieu thereof the following:
"The Mayor and Aldermen shall not set the date for such an election for the same date on which there shall be submitted to the electors of Chatham County the question of whether they shall as sent to the levying of any tax by the governing authority of Chat ham County."
Mr. Smith of the 114th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 665-1435 was agreed to.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 374. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Rabun County; and for other purposes.
The following report of the Committee of Conference was read and agreed to:
Mr. President:
Mr. Speaker:
Your conference committee on Senate Bill No. 374 has met and failed to agree.
We request that a new conference committee be appointed.
Respectfully submitted,
FOR THE HOUSE
A. B. C. DORMINY Representative, 72nd District
MARVIN E. MOATE Representative, 39th District
FULTON LOVELL Representative, 6th District
FOR THE SENATE
MAYLON K. LONDON Senator, 50th District
ROBERT E. LEE, JR. Senator, 47th District
ROBERT E. ANDREWS Senator, 49th District
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JOURNAL OF THE HOUSE,
The Speaker appointed as a 2nd Committee of Conference on SB 374 on the part of the House, the following members:
Messrs. Dorminy of the 72nd, Moate of the 39th and Lovell of the 6th.
The Speaker introduced His Excellency, Governor Lester G. Maddox, who briefly addressed the members of the House, expressing his deep appreciation for the accomplishments of this session of the General Assembly.
The following Bill of the Senate was taken up for the purpose of considering the report of the 2nd Committee of Conference thereon:
SB 374. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Rabun County; and for other purposes.
The following report of the 2nd Committee of Conference was read:
Mr. President:
Mr. Speaker:
Your conference committee on Senate Bill No. 374 has met and re commends that 45% be inserted instead of 51% where ever it may appear in committee substitute to Senate Bill No. 374.
Respectfully submitted,
FOR THE HOUSE
A. B. C. Dorminy Representative, 72nd District
Marvin E. Moate Representative, 39th District
Fulton Lovell Representative, 6th District
FOR THE SENATE
Culver Kidd, Senator, District 25th
Dan I. Maclntyre, III Senator, District 40th
Cyrus M. Chapman Senator, 32nd
Mr. Lovell of the 6th moved that the House adopt the report of the 2nd Com mittee of Conference.
On the motion, the ayes were 103, nays 0.
FRIDAY, MARCH 8, 1968
3339
The report of the 2nd Committee of Conference on SB 374 was adopted.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1423. By Messrs. Barber of the 24th, Stalnaker of the 59th and others:
A Bill to be entitled an Act to provide for tenure salary and compensation for those elective officers the election of which is provided for by Arti cles IV and V of the Georgia Constitution of 1945; and for other pur poses.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB 1423 The Conference Committee on HB 1423 recommends the following:
(1) That the House recede from its position and that all Senate amendments be adopted with the exception of the effective date amendment.
(2) That the Senate amendment providing an effective date be changed by striking "October 16, 1968" and inserting in lieu thereof "January 1, 1969".
Respectfully submitted:
FOR THE HOUSE
WILLIAM J. LEE Representative, 35th District
ALBERT SIDNEY NEWTON Representative, 50th District
J. CRAWFORD WARE Representative, 42nd District
FOR THE SENATE
HUGH M. GILLIS Senator, 20th District
BROOKS PENNINGTON, JR. Senator, 45th District
STANLEY E. SMITH, JR. Senator, 18th District
Mr. Ware of the 42nd 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 Blalock
Brantley, H. L. Bray Caldwell
Carnes Gates Cato
3340
Chandler Clarke Collins, M. Colwell Conner Dillon Dodson Dollar Dorminy Gary Gay Harrison Henderson Holder Johnson, B.
JOURNAL OF THE HOUSE,
Jones, C. M. Kaylor Laite Land Lee, W. J. (Bill) Lewis Longino Matthews, C. Mauldin McClatchey McCracken Miller Moate Newton Northcutt
Parker, C. A. Phillips Poss Reaves Rowland Russell Scarlett Shuman Snow Steis Underwood Ware Wells Williams
Those voting in the negative were Messrs.
Anderson Battle Berry, C. E. Berry, J. K. Black Bostick Bowen Branch Brantley, H. H. Brown, C. Buck Cheeks Cole Collins, J. P. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dickinson Doster Douglas Egan Farmer Farrar Fleming Floyd Funk Gaynor Grahl Graves Grier Hadaway Hall
Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill Howard Hutchinson Jenkins Johnson, A. S. Jones, M. Kirksey Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. S. Leggett Leonard Le vitas Lovell Lowrey Malone Mason Maxwell McDaniell Merritt Mixon Moore, J. H. Moreland Mullinax Murphy Nash Nimmer Odom
Oglesby Pafford Palmer Paris Parrish Potts Ragland Rainey Richardson Roach Ross Rush Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, W. L. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Westlake
Whaley Wiggins
FRIDAY, MARCH 8, 1968
3341
Wilson, J. M. Wilson, R. W.
Winkles Wood
Those not voting were Messrs.:
Alexander Ballard Barfield Bennett Bond Brown, B. D. Busbee Cook Cooper, B. Crowe, W. J. Dent Dixon
Edwards Fallin Gignilliat Gunter Hale Hargrett Hood Howell Joiner Jordan, G. Jordan, W. H. Magoon
Matthews, D. R. Melton Moore, Don C. Nessmith Otwell Parker, H. W. Peterson Pickard Smith, V. T. Sullivan Mr. Speaker
On the motion, the ayes were 53, nays 117. The Conference Committee Report on HB 1423 was rejected.
Mr. Parker of the 55th requested that he be recorded as having voted against the adoption of the Conference Committee Report.
The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has returned as amended the following Bill of the House, to-wit:
HB 968. By Mr. Moreland of the 28th:
A Bill to change the method of choosing members of the Board of Education of Walton County; 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 1159. By Messrs. Williams of the 16th, Johnson of the 40th, Nimmer of the 84th, Harris of the 14th, Cole of the 3rd, Anderson of the 71st, Vaughan of the 14th and Ward of the 2nd:
A Bill to be entitled an Act to amend an Act providing for the chaining or cabling of loads of pulpwood, logs and lumber transported on the
3342
JOURNAL OP THE HOUSE,
public highways of this State, so as to change the number of chains or cables which secure pulpwood to the vehicles on which it is being trans ported; to provide for the size of chains or cables which secure logs and lumber to the vehicle on which it is being transported; and for other purposes.
The Senate insists on its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:
HB 1198. By Messrs. Barber of the 24th, Smith of the 54th, Paris of the 23rd, Lee of the 35th, McCracken of the 49th, and others:
A Bill to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable require ments relating to skill, effort and responsibility, so as to define "Com missioner", and for other purposes.
The President has appointed on the part of the Senate the following: Senators Smalley of 28th, Spinks of the 9th, and Webb of the llth.
The Senate insists on its substitute to the following Bill of the House, to-wit:
HB 862. By Messrs. Parker of the 55th, Lewis and Newton of the 50th, Wiggins and Threadgill of the 32nd and others: A Bill to amend an act providing for grants to certain municipalities so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate, to-wit:
SB 374. By Senator London of the 50th: A Bill to create a Board of Commissioners of Roads and Revenues for Rabun County; to provide for commissioner districts; to provide for election, qualifications of said board; and filling of vacancies of mem bers of said board; to provide for an oath; to repeal conflicting laws: and for other purposes.
The following Bill and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 957. By Messrs. Graves, Starnes and Lowrey of the 13th, Ross of the 31st, Shanahan of the 8th, Moore of the 20th and others: A Bill to be entitled an Act to amend Code Section 114-101, relating to the Workmen's Compensation Law, so as to provide that all full-time
FRIDAY, MARCH 8, 1968
3343
county employees and employees of elected, salaried county officials are "Employees" within the meaning of this Act; and for other purposes.
The following Senate amendment was read:
Senator Hall of the 52nd moves to amend HB 957, as follows:
By inserting in the title between the words "employees" and "and", the following:
", certain county officers".
By adding at the end of the following sentence:
"All full-time county employees and employees of elected, salar ied county officials are hereby specifically included herein.",
wherever the same shall appear in Section 1, the following sentence:
"There shall also be included within said term the various elected county officers of an individual county if the governing au thority of said county shall provide therefor by appropriate resolu tion."
Mr. Graves of the 13th moved that the House agree to the Senate amendment.
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 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 Caldwell Games Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, J. R. Cox Dailey Daugherty Davis
Dean DeLong Dickinson Dillon Dixon Dodson Doster Douglas Farmer Floyd Funk Gary Gay Gaynor Grahl Graves Grier Gunter
8344
Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, R. W. Harrison Hill Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis
JOURNAL OF THE HOUSE,
Longino Lovell Lowrey Malone Mauldin Maxwell McClatchey McCracken McDaniell Miller Mixon Moore, Don C. Moore, J. H. Moreland Murphy Nash Nessmith Newton Nimmer Northcutt Odom Otwell Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Ragland Reaves Richardson Rowland
Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Starnes Steis Sweat Thompson, A. W. Thompson, R. Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.
Mullinax Oglesby
Potts
Ware
Those not voting were Messrs.:
Barfield Bennett Busbee Cates Cook Cooper, B. Crowe, William Crowe, W. J. Dent Dollar Dorminy Edwards Egan
Fallin Farrar Fleming Gignilliat Hargrett Harris, J. R. Henderson Higginbotham Hood Howard Joiner Jordan, W. H. Lambert
Magoon Mason Matthews, C. Matthews, D. R. Melton Merritt Moate Pafford Peterson Pickard Poss Rainey Roach
Ross Smith, G. W. Snow Stalnaker Sullivan
FRIDAY, MARCH 8, 1968
3345
Threadgill Townsend Tucker Underwood Wells
Westlake Wiggins Mr. Speaker
On the motion, the ayes were 149, nays 4.
The Senate amendment to HB 957 was agreed to.
HR 723-1549. By Mr. Jones of the 76th:
A Resolution proposing an amendment to the Constitution so as to create the Mclntosh County Industrial Development Authority; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Governments moves to amend HR 723-1549 as follows:
By adding the following at the end of paragraph G of Section 1:
"The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
Mr. Jones of the 76th moved that the House agree to the Senate amendment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 723-1549 was agreed to.
HR 738-1616. By Mr. Johnson of the 40th:
A Resolution proposing an amendment to the Constitution so as to create the Glascock County Industrial Development Authority; and for other purposes.
The following Senate amendment was read and adopted:
3346
JOURNAL OF THE HOUSE,
The Committee on County and Municipal Governments moves to amend HR 738-1616 as follows:
By adding the following at the conclusion of Paragraph G of Sec tion 1:
"The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
Mr. Johnson of the 40th moved that the House agree to the Senate amendment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 738-1616 was agreed to.
HR 739-1616. By Mr. Johnson of the 40th: A Resolution proposing an amendment to the Constitution so as to create the Warren County Industrial Development Authority; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Governments moves to amend HR 739-1616 as follows:
By adding the following at the conclusion of Paragraph G of Sec tion 1:
"The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority."
Mr. Johnson of the 40th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 137, nays 0.
The Senate amendment to HR 739-1616 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
FRIDAY, MARCH 8, 1968
3347
HB 968. By Mr. Moreland of the 28th:
A Bill to be entitled an Act to change the method of choosing members of the Board of Education of Walton County; and for other purposes.
The following Senate amendment was read:
Senator Pennington of the 45th moves to amend HB 968 by striking Section 2 in its entirety and inserting in lieu thereof the following:
Section 2. The members of the board shall be elected as follows:
Candidates for posts one, two and three shall be elected by the voters residing in Education District No. 1. Candidates for posts number four, five, six and seven shall be elected by the voters residing in Education Districts number 2, 3, 4 and 5, respectively. Candidates offering for elec tion to the board shall qualify by signifying the post for which they are offering. A candidate must reside in the education district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive a majority of the votes cast by the voters of his education district. In the event no person receives a majority of the votes cast for each post on the Board of Education, then it shall be the duty of the ordinary of Walton County to hold and conduct a runoff election between the two candidates receiving the highest number of votes for each such post, such runoff election to be held two weeks after the initial vote for such board members. The expense of the special election shall be borne by Walton County. In the event of a vacancy on the board for any reason other than the expiration of the term of office, the re maining members of the board shall elect a person for the education post from the education district in which the vacancy occurs, who shall serve for the unexpired term. In the event a person who represents an education post from an education district moves his residence from such district, the vacancy shall exist from such district and shall be filled in the same manner as other vacancies.
Mr. Moreland of the 28th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to HB 968 was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 862. By Messrs. Parker of the 55th, Lewis and Newton of the 50th, Wiggins and Threadgill of the 32nd and others:
A Bill to be entitled an Act to amend an Act providing for grants to certain municipalities, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
3348
JOURNAL OF THE HOUSE,
Mr. Parker of the 55th moved that the House insist on its position in disagree ing to the Senate substitute and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House, the following members:
Messrs. Parker of the 65th, Ragland of the 109th and Malone of the 117th.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 869. By Messrs. Parker of the 55th, Brown of the 34th and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act providing for grants to counties, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing for grants to counties, approved April 21,1967 (Ga. Laws 1967, p. 888), so as to provide that the State Treasurer shall disburse grants on a semiannual basis; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act providing for grants to counties, approved April 21, 1967 (Ga. Laws 1967, p. 888), is hereby amended by adding between the first and second sentences of Section 3 the following:
"The State Treasurer shall disburse such funds as provided for herein in two equal, or as nearly equal as possible, installments, as allotted by the Budget Bureau, commencing with fiscal year 1970.",
so that when so amended Section 3 shall read as follows:
"Section 3. Funds disbursed under this Act by the State Trea surer shall be paid to the counties in the name of the County Trea surer or other fiscal authority authorized to receive county funds. The State Treasurer shall disburse such funds as provided for here-
FRIDAY, MARCH 8, 1968
3349
in in two equal, or as nearly equal as possible, installments, as al lotted by the Budget Bureau, commencing with fiscal year 1970. Such funds shall be expended by the counties only for the purposes prescribed in Section 1 of this Act."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Parker of the 55th moved that the House agree to the Senate substitute.
On the motion, the ayes were 131, nays 0.
The Senate substitute to HB 869 was agreed to.
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 1118. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authoriEe the sale of certain goods created by inmates; and for other purposes.
HB 1422. By Messrs. Lambert of the 38th, Lane of the 53rd, Chandler of the 47th, Hadaway of the 46th, Moate of the 39th and Harrington of the 47th:
A Bill to provide for an additional Judge of the Superior Court of the Ocmulgee Judicial Circuit; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 130. By Messrs. Dillon of the 128th, Steis of the 100th and others:
A Bill to be entitled an Act to provide for the defense of indigents; and for other purposes.
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JOURNAL OF THE HOUSE,
The following report of the Committee of Conference was read:
Mr. President:
Mr. Speaker:
Your conference committee on HB 130 has met and submits the fol lowing recommendations:
That the Senate and House recede from their respective poistions and that the attached Substitute be adopted.
Respectfully submitted,
FOR THE HOUSE: Lee of the 79th Douglas of the 60th Diilon of the 128th
FOR THE SENATE: Webb of the llth Shea of the 3rd Johnson of the 42nd
A BILL
To be entitled an Act to provide for representation by counsel, serv ices and facilities for indigent persons in criminal proceedings; to provide for a short title; to provide definitions; to provide for defender plans for providing representation; to provide for compensation of assigned coun sel; to provide for compensation of legal aid agencies; to provide for public defenders; to provide for notice and provision of representation; to provide for competence of counsel; to provide for a substitute attorney; to provide for determination of indigency; to provide for financing by the county governing authorities; to provide for recovery or reimburse ment from certain defendants; to provide for records and reports; to provide for representation in State and Federal Courts; to provide for construction of this Act; to repeal conflicting laws; and for other pur
poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short Title.--This Act shall be known and may be cited as "The Georgia Criminal Justice Act".
Section 2. Definitions.-- (a) In purposes of this Act the following words and terms shall have the meaning indicated unless the context clearly indicates a contrary meaning.
(1) County governing authority--The Ordinary, Commissioner of Roads and Revenues, Board of Commissioners of Roads and Rev enues, or other authority in a county which by law has the duty to
FRIDAY, MARCH 8, 1968
3351
levy taxes, and provide funds for the operation of the courts in such county.
(2) Court concerned.--A court having, or anticipated as having, with respect to crime, jurisdiction over a proceeding in which an indigent person is a party or over the detention of an indigent per son. When a superior court has prescribed an arrangement under Section 4(a)(l), it shall also be a court concerned.
(3) Defending Attorney--An assigned attorney, an attorney attached to the staff of a non-profit legal aid agency, a public de fender, or an attorney attached to the staff of a public defender.
(4) Indigent Person.--A person who is unable, without undue hardship, to employ the legal services of an attorney or defray the necessary expenses of legal representation, determined as herein after provided.
(5) Superior court.--When there are more than two judges of the superior court in a county or circuit any action required hereunder in the form of a rule of the court must be taken by at least a majority of the judges of that court. Where there are only two judges such action must be concurred in by both judges.
Section 3. Defender Plans for Providing Representation.
(a) The superior court of each county shall, by rule of court, pro vide for the representation of indigent persons in criminal proceedings in the county. It shall provide this representation by:
(1) An arrangement whereby a judge of the superior court will assign attorneys on an equitable basis through a systematic, co ordinated defender plan. The court may delegate to its clerk or deputy clerk the administration thereof, or may appoint an adminis trator for such purpose; or
(2) An arrangement whereby a judge of the court concerned will assign attorneys on an equitable basis through a systematic, coordinated defender plan under delegation to and supervision of the clerk, or deputy clerk, of the superior court, or the clerk, or deputy clerk, of the court concerned, or of an administrator appointed by the superior court for such purpose; or
(3) An arrangement whereby a non-profit legal aid agency or agencies will be assigned to provide the representation; or
(4) An arrangement whereby a combination of the above ar rangements will provide the representation.
(b) Until the superior court in a county has by rule prescribed an appropriate arrangment, any court concerned may assign attorneys to provide the representation. In this event any court concerned may, by its own rule, prescribe an arrangement whereby attorneys will be as signed on an equitable basis through a systematic, coordinated plan
3352
JOURNAL OP THE HOUSE,
under delegation to and supervision of the clerk, or deputy clerk, of that court.
(c) Any arrangement under subsection (a) may be made applicable to one, or more, or all counties within the same superior court circuit when promulgated by a rule of the superior court of the circuit.
(d) If the superior court in a county for any reason does not provide for an arrangement prescribed in subsection (a) the county governingauthority may perform the functions ascribed to the superior court herein.
Section 4. Compensation of Assigned Counsel.
(a) When a superior court prescribes an arrangement under Section 3 which involves the assignment of attorneys, it shall prescribe the com pensation of the defending attorneys whom it assigns as hereinafter provided and approve the expenses necessarily incurred by them in the defense of indigents under this Act. The governing authority of the county shall recommend such attorney fee limits for the several courts in the county as may be prescribed by the courts for the defense of the indigent and such investigation expense as may be necessary and ap proved by the court. Notwithstanding the foregoing provision, however, in extraordinary circumstances the trial court may approve the payment of such additional compensation in excess of the limits stated herein as the trial court may determine-and find to be necessary to provide for compensation for protracted representation.
(b) The county governing authority shall pay the attorney the amounts so determined from public funds available for the operation of the courts in such county.
Section 5. Compensation of Legal Aid Agency.
(a) When a non-profit legal aid agency is involved in providing legal services to an indigent person under this Act, the court concerned may allow to such legal aid agency an amount equivalent to the compensation and direct expenses otherwise allowable to an assigned attorney. In this event the county governing authority shall pay to the legal aid agency the amounts so determined from public funds available for the operation of the courts in such county.
(b) The county governing authority may, in lieu of compensation allowable under subsection (a), contract with a non-profit legal aid agency on an annual basis for rendering all or part of the legal services contemplated under this Act.
Section 6. Public Defender.
(a) In addition to the arrangements authorized under Section 3 the superior court of a county, with the concurrence of the county governing authority of that county, may establish and maintain an office of public defender to provide the representation to indigent persons contemplated under this Act.
FRIDAY, MARCH 8, 1968
3353
(b) If an office of public defender is established for a county, the superior court of that county shall appoint the person to serve as public defender for a term of two years. The public defender must be licensed to practice law in this state and must be competent to counsel and defend a person charged with crime. During his incumbency the public defender may not engage in the practice of criminal law other than in the discharge of the duties of his office. The superior court, with the con currence of the county governing authority of the county, shall determine whether the public defender is to be employed on a full-time or a parttime basis and shall determine his compensation.
(c) If an office of public defender is established, the public defender may employ, in the manner and at the compensation prescribed by the superior court, concurred in by the county governing authority, as many assistant public defenders, clerks, investigators, stenographers, and other persons as may be necessary for carrying out his responsibil ities under this Act. A person employed under this section serves at the pleasure of the public defender, unless his position is under a civil service system in which he may be removed only for cause.
(d) If an office of public defender is established, the county gov erning authority shall provide appropriate facilities (including office space, furniture, equipment, books, postage, supplies, and interviewing facilities in the jail) necessary for carrying out the public defender's responsibilities under this Act; or grant the public defender an allow ance in place of such facilities.
(e) If an office of public defender is established, his compensation, expenses and allowances and the expense necessary to establish, main tain and support his office shall be paid by the county governing author ity out of public funds available for the operation of the courts in such county.
(f) The superior court of a circuit, with the concurrence of the county authority of two or more counties within the same circuit, may establish and maintain a joint office of public defender under the pro visions of this section; or the local governing authority of a county may contract with a public defender of another county within the same circuit for the services of his office to serve as if he were the public defender established in the former county, provided the superior court of the circuit and the local governing authority of the latter county con cur in the contract.
Section 7. Competence to Defend. No person may be assigned the primary responsibility of representing an indigent person unless he is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime. Competence shall be determined by the court concerned at the first court proceeding after the assignment of counsel. A person authorized to practice legal aid under The Law School Legal Aid Agency Act of 1967 (Ga. Laws 1967, p. 153), is competent to represent an indigent person provided that in any trial a person authorized to practice law in this state is also present.
Section 8. Substitute Attorney. At any stage, including appeal or other post-conviction proceeding, the court concerned may for good cause
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assign a substitute attorney. The substitute attorney has the same func tions with respect to the indigent person as the attorney for whom he is substituted. If the substitute attorney is not in the office of the public defender nor in a non-profit legal aid agency serving under this Act, the court shall prescribe reasonable compensation for him and approve the expenses necessarily incurred by him in the defense of the indigent
person as provided in Section 4.
Section 9. Determination of Indigency.
(a) When a superior court prescribes an arrangement for providing representation hereunder, it may also prescribe a standard of indigency to govern the determination of indigency by all courts concerned within the county. It may also prescribe the requirements for a proper showing of material factors relating to ability to pay for legal services and the proper form and authentication thereof. In establishing a standard of indigency the superior court shall consider such factors as income, prop erty owned, expenses, outstanding obligations, and the number and ages of dependents. Release on bail shall not necessarily preclude a person from being indigent nor shall it be necessary that a person be destitute or a pauper to be indigent.
(b) If, in a proceeding to determine indigency under this section, any person makes a false statement, under oath, concerning any material factor related to his or another's ability to pay for legal services, it shall constitute the crime of perjury and be punishable as such.
(c) To the extent that a person covered hereunder is able to provide for the employment of an attorney, the other necessary services and facilities of representation and court costs, the court concerned may order him to provide for this payment or reimbursement.
Section 10. Financing.
(a) For each fiscal year the county governing authority in each county will include in its annual budget for the operations of the courts in such county an additional amount to finance the costs and expenses necessary for the implementation of this Act.
(b) The county governing authority in each county may accept private contributions for the support of the administration of this Act.
Section 11. Recovery from Defendant.
(a) The county may recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this Act.
(1) to which he was not entitled;
(2) with respect to which he was not an indigent person when he received it; or
FRIDAY, MARCH 8, 1968
3355
(3) with respect to which he has failed to make payment or reimbursement ordered under Section 9(c) and for which he refuses to pay or reimburse. Suit must be brought within four years after the date on which the aid was received.
(b) The county may recover payment or reimbursement, as the case may be, from each person, other than a person covered by subsection (a), who has received legal assistance under this Act and who, on the date on which suit is brought, is financially able to pay or reimburse the county for it according to the standards of ability to pay applicable hereunder, but refuses to do so. Suit must be brought within four years after the date on which the benefit was received.
Section 12. Records and Reports.
(a) A defending attorney shall keep appropriate records respecting each indigent person whom he represents under this Act.
(b) The public defender, legal aid agency, or person administering a court prescribed defender plan, as the case may be, shall submit an an nual report to the county governing authority showing the number of persons represented under this Act, the crime involved, the outcome of each case, and the expenditures (totalled by kind) made in carrying out the responsibilities imposed by this Act. A copy of the report shall also be submitted to each court having criminal jurisdiction in the county or counties that the program serves.
Section 13. Representation in State and Federal Courts. This Act applies only to representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States, if:
(1) the matter arises oi.it of or is related to an action pending or recently pending in a court of criminal jurisdiction of this state; or
(2) representation is under an approved plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. 3006A).
Section 14. Protections Not Exclusive. The protections provided by this Act do not exclude any protection or sanction law otherwise provided for accused persons.
Section 15. It is not intended that the Act approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 478), relating to the appointment of attorneys to represent indigent defendants be repealed, but it is intended that its provisions shall be construed as permissive and not mandatory with respect to this Act and its reasonable implementation.
Section 16. The effective date of this Act shall be January 1, 1969.
Section 17. All laws and parts of laws in conflict with this Act are hereby repealed.
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JOURNAL OF THE HOUSE,
Mr. Lee of the 79th moved that the House adopt the report of the Committee of Conference.
On the motion, the ayes were 154, nays 0.
The report of the Committee of Conference on HB 130 was adopted.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
HB 903. By Mr. Hill of the 121st: A Bill to be entitled an Act to provide for the issuance of special person alized prestige license plates; and for other purposes.
The following Senate amendment was read:
Senator Conway of the 41st moves to amend HB 903 by adding a new Section 3 and renumbering other Sections 3 through 6 as needed:
Section 3. For the purposes of this Act a license plate with a low number or special number may also be considered as a prestige or per sonalized plate.
Mr. Hill of the 121st moved that the House agree to the Senate amendment. On the motion, the ayes were 144, nays 0. The Senate amendment to HB 903 was agreed to.
HB 1422. By Messrs. Lambert of the 38th, Lane of the 53rd, Chandler of the 47th and others:
A Bill to be entitled an Act to provide for an additional Judge of the Superior Court of the Ocmulgee Judicial Circuit; and for other purposes.
The following Senate amendment was read: Senator Smalley of the 28th moves to amend HB 1422 as follows: By striking from Section 2 the following words:
FRIDAY, MARCH 8, 1968
3357
"to take office on April 1, 1968",
and inserting in lieu thereof the following words:
"to take office immediately upon the date this Act becomes law."
Mr. Chandler of the 47th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 140, nays 0.
The Senate amendment to HB 1422 was agreed to.
HB 841. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Lambros of the 130th and others:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles traveling on four lane limited access highways; and for other purposes.
The following Senate amendments were read:
Senator Maclntyre of the 40th moves to amend HB 841 as follows:
Add after access highways, "As approved by the Highway Depart ment Safety Director."
Senator Holley of the 22nd moves to amend HB 841 as follows:
By striking from the title the figure "332" and inserting in lieu thereof the figure "322".
By striking from Section 1 the figure "332" and inserting in lieu thereof the figure "322".
Mr. Williams of the 16th moved that the House agree to the Senate amend ments.
On the motion, the roll call was ordered and the vote was as follows:
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JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alexander Ballard Barber Battle Berry, C. E. Berry, J. K. Black Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Caldwell Chandler Cheeks Cole Collins, M. Colwell Conner Cook
Cooper, B. Cooper, J. R.
Crowe, William Crowe, W. J. Dailey Daugherty
Dean DeLong Dillon Dixon
Dodson Dorminy Douglas Edwards
Fallin Farmer Fleming
Funk Gary Gay
Grahl Grier
Hall Hamilton Harrington Harrison Henderson Hill Holder Hood Howard Howell Jenkins Johnson, A. S. Jones, C. M. Jones, M. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.
Leggett
Leonard Le vitas
Lewis Magoon
Mason Matthews, C. Matthews, D. R.
Mauldin McClatchey McCracken McDaniell
Merritt Miller Mixon Moate
Moreland Murphy
Nash Nessmith Nimmer Northcutt
Odom Oglesby Paris Parker, C. A. Parrish Phillips Pickard Poss Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlet t Shanahan Shields Shuman Simmons Smith, J. R. Smith, V. T.
Smith, W. L. Stalnaker
Steis Sweat Thompson, R. Threadgill
Tucker Turner Tye
Underwood Vaughn, C. R.
Walling Wamble Ward
Whaley Williams Wilson, J. M.
Wilson, R. W.
Winkles Wood
Those voting in the negative were Messrs.:
Games
Cox
FRIDAY, MARCH 8, 1968
Those not voting were Messrs.:
Anderson Barfield Bennett Blalock Bond Brown, B. D. Busbee Gates Cato Clarke Collins, J. F. Davis Dent Dickinson Dollar Doster Egan Farrar Floyd Gaynor Gignilliat Graves
Gunter Had away Hale Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hutchinson Johnson, B. Joiner Jordan, G. Jordan, W. H. Lambert Longino Lovell Lowrey Malone Maxwell Melton Moore, Don C. Moore, J. H.
3359
Mullinax Newton Otwell Pafford Palmer Parker, H. W. Peterson Potts Sherman Sims Smith, G. W. Snow Starnes Sullivan Thompson, A. W. Townsend Vaughan, D. N. Ware Wells Westlake Wiggins Mr. Speaker
On the motion, the ayes were 137, nays 2.
The Senate amendments to HB 841 were agreed to.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 940. By Messrs. Murphy of the 26th and McClatchey of the 138th: A Bill to be entitled an Act to amend Code Title 13 known as the Bank ing Law of Georgia, so as to remove the provisions relating to private banks and bankers; to change the distance between the location of a bank office or bank facility and a parent bank; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HOUSE BILL NO. 940
The Conference Committee on House Bill No. 940 recommends the following:
1. That the Senate and the House of Representatives both recede from their positions.
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JOURNAL OF THE HOUSE,
2. That the Senate Committee on Banking and Finance Substitute to said bill be adopted with the following changes:
(a) That the title be changed to read as follows:
"A BILL
To be entitled an Act to amend Code Title 13 known as the 'Banking Law' of Georgia, as amended, so as to remove the pro visions relating to private banks and bankers; to provide that the territorial boundaries and limits of a village shall not extend be yond three miles in any direction from the geographic center of the village or contain more than 15 square miles in total area; to provide that no village territory shall extend across county line boundaries; to change the distance between the location of a bank office or bank facility and a parent bank; to change the fee paid by applicants for a bank charter; to repeal conflicting laws; and for other purposes.".
(b) That subsection (h) of Code Section 13-201.1 quoted in Section 2 of said bill be changed to read as follows:
"(h)The term 'village' as used in this Title means an assem blage or aggregation of houses for dwellings or business, or both, reasonably contiguous to each other and identifiable and generally known as a village or community but unincorporated and not char tered as a municipal corporation under the laws of the State of Georgia. For the purpose of this Title, the territorial boundaries and limits of a village shall be fixed by the Superintendent of Banks immediately upon this section becoming effective and there after upon the grant of a charter to a bank situated in a village; Provided, however, the territorial boundaries and limits of a village shall not extend beyond three miles in any direction from the geographic center of the village and shall not contain more than 15 square miles in total area; and Provided, further, that a plat showing the boundary of such a village shall be filed in the office of the superintendent as a public record; and also, Provided, that such village shall not extend into the territory, or incorporated area, of any municipal corporation; nor shall any village territory extend across county line boundaries; and no bank office or bank facility of a parent bank located in a village shall be located more than three miles distant from the parent bank.".
Respectfully submitted:
FOR THE SENATE
A. W. Holloway Senator, 12th District
R. Eugene Holley Senator, 22nd District
Sam P. Hensley Senator, 33rd District
FRIDAY, MARCH 8, 1968
3361
FOR THE HOUSE OF REPRESENTATIVES
Thomas B. Murphy Representative, 26th District
J. H. Henderson, Jr. Representative, 102nd District
Preston B. Lewis Representative, 50th District
Mr. Henderson of the 102nd 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.
Anderson Black Brantley, H. H. Brantley, H. L. Busbee Caldwell Games Chandler Cheeks Cole Collins, J. F. Cook Cooper, B. Cooper, J. R. Crowe, William Davis DeLong Dillon Dodson Douglas Fleming Funk Grahl Graves
Grier Gunter Hadaway Hale Hall Harrington Harris, J. F. Henderson Higginbotham Holder Howard Jenkins Johnson, B. Joiner Jones, C. M. Jones, M. Kaylor Kirksey Laite Lambert Land Lewis Lowrey Mason
Mauldin Maxwell McCracken McDaniell Miller Murphy Nash Odom Pafford Phillips Potts Rainey Rowland Sherman Steis Sullivap Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Westlake Williams Wilson, J. M.
Those voting in the negative were Messrs.:
Adams Alexander Ballard Barber Battle
Berry, J. K. Blalock Bostick Bowen Bray
Brown, C. Buck Cato Clarke Collins, M.
3362
Colwell Conner Cox Dailey Dean Dickinson Dixon Dollar Dorminy Doster Edwards Egan Pallin Farmer Floyd Gary Gay Gaynor Harris, R. W. Harrison Hill Howell Knapp Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.
JOURNAL OF THE HOUSE,
Leggett Leonard Levitas Longino Lovell Magoon Malone Matthews, C. Matthews, D. R. Merritt Mixon Moate Moore, J. H. Moreland Mullinax Nessmith Nimmer Northcutt Palmer Parker, C. A. Parker, H. W. Parrish Peterson Poss Reaves Richardson Roach Ross
Rush Russell Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Thompson, R. Threadgill Towsend Turner Tye Wamble Ware Wells Whaley Wiggins Wilson, R. W. Winkles Wood
Those not voting were Messrs.:
Barfield Bennett Berry, C. E. Bond Branch Brown, B. D. Gates Crowe, W. J. Daugherty Dent Farrar Gignilliat
Hamilton Hargrett Harris, J. R. Hood Hutchinson Johnson, A. S. Jordan, G. Jordan, W. H. McClatchey Melton Moore, Don C. Newton
Oglesby Otwell Paris Piekard Ragland Starnes Sweat Thompson, A. W. Ward Mr. Speaker
On the motion, the ayes were 72, nays 99.
The report of the Committee of Conference on HB 840 was rejected.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
FRIDAY, MARCH 8, 1968
3363
HB 1118. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the sale of certain goods created by inmates; and for other purposes.
The following Senate amendment was read:
The Committee on Penal and Correctional Affairs moves to amend HB 1118 by adding at the end of Section 1, paragraph P the following words:
"All goods, wares and merchandise created by such inmate must be sold within the prison or on the prison grounds during visiting hours or when on off duty assignments."
Mr. Lane of the 64th moved that the House agree to the Senate amendment.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Ballard Barber Black Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Cato Cheeks Clarke Cole Collins, M. Colwell Conner
Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Dean DeLong Dillon Dixon Dodson Dollar Dorminy Douglas Edwards Pallin Farmer Fleming Funk Gay Gaynor Hadaway Hall Hamilton Hargrett
Harrington Harris, R. W. Harrison Henderson Hill Holder Howard Howell Jenkins Johnson, A. S. Jones, C. M. Jones, M. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas
3364
Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Murphy Nash Nessmith Newton
JOURNAL OF THE HOUSE,
Northcutt Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Pickard Poss Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman
Shuman Simmons Smith, J. R. Smith, V. T. Smith, W. L. Steis Sweat Thompson, R. Threadgill Tucker Turner
Tye Underwood Vaughn, C. R. Walling Wamble Williams Wilson, J. M. Wilson, R. W. Winkles Wood
Those voting in the negative were Messrs.:
Cox
Gary
Nimmer
Those not voting were Messrs.:
Anderson Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Gates Chandler Collins, J. F. Crowe, W. J. Davis Dent Dickinson Doster Egan Farrar Floyd Gignilliat Grahl Graves
Grier Gunter Hale Harris, J. F. Harris, J. R. Higginbotham Hood Hutchinson Johnson, B. Joiner Jordan, G. Jordan, W. H. Lambert Lovell Mauldin Maxwell Melton Mullinax Odom Oglesby Otwell
Peterson Potts Rainey Shields Sims Smith, G. W. Snow Stalnaker Starnes Sullivan Thompson, A. W. Townsend Vaughan, D. N. Ward Ware
Wells Westlake Whaley Wiggins Mr. Speaker
On the motion, the ayes were 140, nays 3.
FRIDAY, MARCH 8, 1968
3365
The Senate amendment to HB 1118 was agreed to.
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 House to-wit:
HB 1520. By Mr. Anderson of the 71st:
A Bill to amend an Act providing and creating a new charter for the Town of Cochran, and incorporating said town under the corporate name and style "City of Cochran", so as to change the corporate limits of said City; to provide for a referendum; and for other purposes.
The Senate insists on its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:
HB 742. By Messrs. Murphy of the 26th, Caldwell of the 51st and others: A Bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps and prisoners; and for other purposes.
The President has appointed on the part of the Senate the following:
Senators Chapman of the 32nd, Kennedy of the 14th, and Gillis of the 20th.
The Senate insists on its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:
HB 743. By Messrs. Murphy of the 26th, Caldwell of the 51st and others: A Bill to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the administration to compensate certain inmates employed in prison industries; and for other purposes.
The President has appointed on the part of the Senate the following:
Senators Chapman of the 32nd, Kennedy of the 4th, and Gillis of the 20th.
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JOURNAL OF THE HOUSE,
The Senate has passed as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 401. By Messrs. Harris of the 118th, Busbee of the 79th, and Alexander of the 133rd:
A Bill to provide that persons accused of crime, who have not been pre viously 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.
The Senate insists on its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:
HB 862. By Messrs. Parker of the 55th, Lewis and Newton of the 50th, Wiggins and Threadgill of the 32nd and others:
A Bill to amend an Act providing for grants to certain municipalities, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
The President has appointed on the part of the Senate the following:
Senators Coggin of the 35th, Rowan of the 8th, and Bateman of the 27th.
The Senate has adopted, by substitute, by the requisite constitutional ma jority the following Resolution of the House, to-wit:
HR 525-1114. By Mr. Harrison of the 98th:
A Resolution designating Georgia State Routes 40 and 23 and 121 from Interstate 95 through Folkston to the Florida line as the "Okefenokee Parkway"; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1176. By Messrs. Hale of the 1st and Jones of the 76th:
A Bill to amend the Act of the General Assembly known as the "Geor gia Health Code", by deleting from Section 88-1809 of the Chapter referred to therein as "Hospital Authorities Law" the provision limit ing the interest rates of revenue certificates of hospital authorities to 6 per centum per annum; and for other purposes.
FRIDAY, MARCH 8, 1968
3367
The following Bills and Resolution of the House were taken up for the pur pose of considering the Senate amendments or substitutes thereto:
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.
The following Senate amendment was read:
The Committee on Penal and Correctional Affairs moves to amend HB 401 by striking the words "or misdemeanor" on the 2nd line of the Preamble and the words "or misdemeanor" on line 3 of Section 1.
Mr. Harris of the 118th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 110, nays 0.
The Senate amendment to HB 401 was agreed to.
HB 846. By Mr. Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of food to be consumed on the premises of private elementary schools by pupils and employees from the tax imposed by said Act; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 7, 1967 (Ga. Laws 1967, p. 282), so as to exempt the sale of food to be consumed on the premises of certain private elemen tary and secondary schols by pupils and employees from the taxes im posed by said Act; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
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JOURNAL OP THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 7, 1967 (Ga. Laws 1967, p. 282), is hereby amended by striking subparagraph (u) of Section 3 (c) 2 in its entirety and inserting in lieu thereof a new subparagraph (u) to read as follows:
"(u) Sales of food to be consumed on the premises by pupils and employees of bona fide private elementary and secondary schools which have been approved by the State Revenue Commis sioner as organization eligible to receive tax deductible contribu tions, provided, application for this exemption is made to the Reve nue Department and proof of such exemption established."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Vaughn of the 117th moved that the House agree with the Senate sub stitute.
On the motion, the ayes were 109, nays 0.
The Senate substitute to HB 846 was agreed to.
HR 525-1114. By Mr. Harrison of the 98th:
A Resolution designating Georgia State Routes 40, 23 and 121 from Interstate 95 through Folkston to the Florida line as the "Okefenokee Parkway"; and for other purposes.
The following Senate Substitute was read:
A RESOLUTION
Designating U. S. Highway 1 from Waycross to Folkston and Geor gia State Routes 40 and 23 and 121 from Interstate 95 through Polkston to the Florida line as the "Okefenokee Parkway"; and for other pur poses.
WHEREAS, the main entrance in Charlton County to the Oke fenokee National Wildlife Refuge is located approximately seven miles south of Folkston, Georgia, on Georgia State Routes 23 and 121; and the main entrance in Ware County is approximately five miles south on U. S. Highway 1; and
FRIDAY, MARCH 8, 1968
3369
WHEREAS, the federal government is expending approximately $2,000,000.00 to develop fishing, boating, picnicking and other recrea tional facilities at a site known as Camp Cornelia; and
WHEREAS, the State Highway Department has expended $126,082.00 to construct a four-mile connecting highway from Georgia State Routes 23 and 121 to Camp Cornelia; and
WHEREAS, the Okefenokee National Wildlife Refuge is the larg est scenic wildlife refuge in the Southeastern United States; and
WHEREAS, this area of Georgia is fast becoming a large tourist attraction.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that U. S. Highway 1 from Waycross to Folkston and Georgia State Routes 40 and 23 and 121 from Interstate 95 though Folkston to the Florida line are hereby designated as the "Okefenokee Parkway".
BE IT FURTHER RESOLVED that the State Highway Depart ment is hereby authorized and directed to erect appropriate exit mark ings at the junction of Interstate 95 with State Highway 40 and along U. S. Highway 1 from Waycross to Folkston and along State Routes 40 and 23 and 121 from Interstate 95 to the Florida line evidencing their designation as the "Okefenokee Parkway" and appropriate markings at the main entrance to Camp Cornelia and the Okefenokee Swamp Park at Waycross.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to the mayor and council of the City of Folkston and the City of Waycross.
Mr. Harrison of the 98th moved that the House agree to the Senate sub stitute.
On the motion, the ayes were 103, nays 0.
The Senate substitute to HR 525-1114 was agreed to.
HB 1176. By Messrs. Hale of the 1st and Jones of the 76th:
A Bill to be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", by deleting from Section 88-1809 of the Chapter referred to therein as "Hospital Authorities Law" the provision limiting the interest rates of revenue certificates of hospital authorities to 6 per centum per annum; and for other purposes.
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The following Senate substitute was read:
A BILL
To be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, by amending Section 88-1809 of the Chapter referred to therein as "Hospital Authorities Law" by chang ing the provision limiting the maximum interest rate or rates which revenue certificates of hospital authorities may bear from six per centum per annum to seven per centum per annum; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
SECTION 1
An Act of the General Assembly known as the "Georgia Health Code", approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, is hereby amended by deleting from Section 88-1809 of the Chapter re ferred to therein as "Hospital Authorities Law" the provision which reads, "not exceeding six per centum" and inserting in lieu thereof the words "not exceeding seven per centum per annum" so that when so amended Section 88-1809 shall read as follows:
"Section 88-1809. Same; authorization; series; maturity; in terest.--Certificates of an Authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates; mature at such time or times; bear interest at such rate or rates not exceeding seven per centum per annum; be in such denomination or denominations; be in such form, either coupon or registered; carry such conversion or registration privi leges; have such rank or priority; be executed in such manner; be payable in such medium of payment, at such place or places; and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture, or mortgage may provide; and in case any of the members or officers of the Authority whose signatures appear on any certificates or coupons shall cease to be such members or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Hale of the 1st moved that the House agree to the Senate substitute. On the motion, the ayes were 108, nays 0.
FRIDAY, MARCH 8, 1968
3371
The Senate substitute to HB 1176 was agreed to.
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 Bill of the House, to-wit:
HB 952. By Mr. Moore of the 20th:
A Bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensation paid to a member by a member institution of the University System of Georgia from agencies with the member institution; and for other purposes.
The Senate has disagreed to the House substitute to the following Resolution of the Senate, to-wit:
SR 245. By Senator Kidd of the 25th:
A Resolution requesting the State Department of Public Health to transfer certain real property, buildings and other facilities to the State Properties Control Commission; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 952. By Mr. Moore of the 20th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensa tion" shall include compensation paid to a member by a member insti tution of the University of Georgia from grants or contracts made by outside agencies with the member institution; and for other pur poses.
The following Senate amendment was read:
The Senate Retirement Committee moves to amend HB 952 as follows: By striking from the title the following:
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JOURNAL OF THE HOUSE,
to provide for reduction in retirement age;"
and inserting in lieu thereof the following:
"to provide for investments;"
By striking in its entirety Section 4 and inserting in lieu thereof the following:
"Section 4. Said Act is further amended by striking Subsec tion (1) of Section 7 in its entirety and substituting a new Sub section (1) to read as follows:
'(1) The members of the Board of Trustees shall be the trustees of the retirement system, and shall have full power to invest and re-invest such assets, subject to all the terms, condi tions, limitations and restrictions imposed by the laws of Geor gia upon domestic life insurers in the making and disposing of their investments. Provided, however, no more than fifty (50) percent of retirement system assets may be invested in equities. Subject to like restrictions, the trustees shall have the power to hold, transfer and dispose of any investments in which re tirement system assets are invested, including proceeds of in vestments. The Board is authorized to employ agents, includ ing banks and trust companies, to act as investment advisors and make investments if the Board so authorizes.'"
The following House amendment to the Senate amendment was read and adopted.
Messrs. Moore of the 20th and Barber of the 24th move to amend the Senate amendment to HB 952 by adding at the end of Section 4, a new sentence to read as follows:
"Provided that if such plan is adopted by said Board it shall first have prior approval of the General Assembly".
Mr. Moore of the 20th moved that the House agree to the Senate amend ment, as amended, by the House.
On the motion, the ayes were 106, nays 0.
The Senate amendment, as amended by the House, to HB 952 was agreed to.
The following Bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference thereon:
FRIDAY, MARCH 8, 1968
3373
HB 742. By Messrs. Murphy of the 26th, Caldwell of the 51st and others:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons and prisoners; and for other pur poses.
The following report of the Committee of Conference was read:
Mr. President:
Mr. Speaker:
Your Conference Committee on HB 742 has met and submits the following recommendation:
That the House recede from its position.
Respectfully submitted,
FOR THE SENATE
Chapman of the 32nd Gillis of the 20th Kennedy of the 4th
FOR THE HOUSE
Paris of the 23rd Dailey of the 66th Black of the 56th
Mr. Paris of the 23rd moved that the House adopt the report of the Com mittee of Conference.
On the motion, the ayes were 115, nays 0.
The report of the Committee of Conference on HB 742 was adopted.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 743. By Messrs. Murphy of the 26th, Caldwell of the 51st and others:
A Bill to be entitled an Act to amend the Georgia Prison Industries Act, so as to authorize the administration to compensate certain inmates employed in prison industries; and for other purposes.
The following report of the Committee of Conference was read: Mr. President:
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JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Conference Committee on HB 743 has met and submits the following recommendation:
That the Senate recede from its position.
Respectfully submitted:
FOR THE HOUSE:
Paris of the 23rd Dailey of the 66th Black of the 56th
FOR THE SENATE:
Chapman of the 32nd Gillis of the 20th Kennedy of the 4th
Mr. Paris of the 23rd moved that the House adopt the report of the Committee of Conference.
On the motion, the ayes were 113, nays 0.
The report of the Committee of Conference on HB 743 was adopted.
The following Resolution of the House was read and adopted:
HR 905. By Messrs. Smith of the 54th and Busbee of the 79th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, that the General Assembly do adjourn sine die on Friday, March 8, 1968, at 8:45 o'clock p.m.; and the House respectfully requests the Senate to adopt the same.
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 Resolution of the House, to-wit:
FRIDAY, MARCH 8, 1968
3375
HR 523-1104. By Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd, and Lane of the 64th:
A Resolution to create a Constitution Revision Commission; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1044. By Mr. Harris of the 85th:
A Bill to amend an Act comprehensively revising appellate and other post-trial procedure, so as to redefine what judgments shall be subject to review; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 862. By Messrs. Parker of the 55th, Lewis and Newton of the 50th and others: A Bill to be entitled an Act to amend an Act providing for grants to cer tain municipalities, so as to provide that the State Treasurer shall dis burse grants on a quarterly basis; and for other purposes.
The following report of the Committee of Conference was read:
Mr. President:
Mr. Speaker:
Your Conference Committee on HB 862 recommends that the House recede to the Senate position.
Respectfully submitted,
Oliver C. Bateman Senator 27th District Frank Coggin Senator 35th District Robert A. Rowan Senator 8th District Joe Ragland 109th District Representative
The following file a minority report against the Conference Committee Report.
Walstein Parker W. B. Malone
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JOURNAL OF THE HOUSE,
Mr. Floyd of the 7th asked unanimous consent that the Bill be withdrawn from futher consideration.
Objection was heard, and further consideration of the Bill was continued.
Mr. Parker of the 55th moved that the report of the Committee on Conference be adopted.
On the motion, the ayes were 22, nays 87.
The report of the Committee of Conference on HB 862 was rejected.
The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto:
HR 523-1104. By Messrs. Murphy of the 26th, Caldwell of the 51st and others:
A Resolution to create a Constitution Revision Commission; and for other purposes.
The following Senate amendment was read:
The Committee on Economy, Reorganization and Efficiency in State Government moves to amend HR 523-1104 as follows:
By striking Paragraphs 1, 2, 3, 4, 5, 6, and 7 and inserting new Paragraphs 1, 2, 3, 4, 5, 6, and 7 in lieu thereof as follows:
1. That there is hereby created a Constitution Revision Commission to be composed of six members of the House of Representatives to be appointed by the Speaker of the House of Representatives, six members of the Senate to be appointed by the President of the Senate, and six persons to be appointed by the Governor;
2. That the Commission shall be initially called together by the Gov ernor for the purpose of electing officers and perfecting its organization, and that thereafter it shall meet at such times and places and conduct its work in such manner as it shall deem appropriate;
3. That the Commission shall conduct a thorough study of the Con stitution and related matters with reference to a revision thereof, and shall recommend revision of the present Constitution by amendments to existing articles, in such manner as the Commission shall decide;
FRIDAY, MARCH 8, 1968
3377
4. That the Commission shall be assigned suitable quarters in the State Capitol or elsewhere, that the Commission and committees thereof be authorized to hold hearings, that the Chairman of the Commission, acting upon the advice and consent of a majority of the members thereof, be authorized to employ clerical, professional, legal, and other personnel as shall be deemed necessary and to fix their compensation, and to pro cure materials, supplies, and equipment for carrying out the purposes of this Resolution;
5. That the Chairman of the Commission no sooner than October 1, 1969, is authorized from time to time thereafter to cause its recommen dations to be printed and copies thereof distributed to members of the General Assembly and made available to the press and to the public generally; and
6. That the Governor shall submit to the General Assembly, meeting either in regular session or in special session, the reports of the Com mission, and no proposed revision or amendment to the existing Constitu tion shall be submitted to a vote of the people for ratification or rejection until the same shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly;
7. That the members of the Commission appointed by the President of the Senate and the Speaker of the House of Representatives shall receive the allowances authorized for legislative members of interim legislative committees which shall be paid from funds appropriated to or otherwise available to the legislative branch of government. The remain ing members of the Commission shall be compensated in an amount equal to the allowances authorized by law for legislative members of interim legislative committees which shall be paid from funds appropriated to or otherwise available to the_ Executive Department and this provision shall apply to any of such remaining members who might be officials or em ployees of any branch of government, provided, however, that same shall be from said funds regardless of any other provisions of any other law
to the contrary. All other funds, except as provided herein, which are
necessary to effectuate and carry out the purposes of this Resolution
shall come from funds appropirated to or otherwise available to the
Legislative Department.
Mr. Busbee of the 79th moved that the House agree to the Senate amendment.
On the motion, the ayes were 117, nays 11.
The Senate amendment to HR 523-1104 was agreed to.
Mr. Conner of the 91st moved that the following Bill of the Senate be taken from the table:
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JOURNAL OF THE HOUSE,
SB 320. By Senators Lee of the 47th, Smalley of the 28th, McKenzie of the 17th, and Maclntyre of the 40th.
A Bill to be entitled an Act to amend Code Section 56-407A, so as to pro vide that the uninsured motor vehicle endorsement may contain provi sions excluding the insurer from liability for injury or destruction to property of the insured for which he has been compensated by other property or physical damage insurance; and for other purposes.
Tho motion prevailed and SB 320 was taken from the table.
Under the general order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration and read:
SB 320. By Senators Lee of the 47th, Smalley of the 28th, McKenzie of the 17th, and Maclntyre of the 40th.
A Bill to be entitled an Act to amend Code Section 56-407A, so as to pro vide that the uninsured motor vehicle endorsement may contain provi sions excluding the insurer from liability; for injury or destruction to property of the insured for which he has been compensated by other property or physical damage insurance; and for other purposes.
A substitute, offered by Mr. Jones of the 112th, was read and withdrawn.
An amendment, offered by Mr. Mixon of the 152nd, was read and withdrawn.
The report 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 3.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was taken up for the purpose of con sidering the report of the Committee of Conference thereon:
HE 6-1. By Messrs. Smith of the 54th, Busbee of the 79th and others.
A Resolution proposing an amendment to the Constitution to provide that when no person receives a majority of the votes in an election for
FRIDAY, MARCH 8, 1968
3379
Governor, a runoff election shall be held between the two persons receiv ing the highest number of votes; and for other purposes.
The following report of the Committee of Conference was read:
Mr. President:
Mr. Speaker:
Your conference committee on House Resolution No. 6 has met and recom mends the following:
(1) That the House and Senate recede from their respective positions.
(2) That the attached Substitute be adopted.
Respectfully submitted,
FOR THE HOUSE:
McCracken of the 49th Lambert of the 38th Wiggins of the 32nd
FOR THE SENATE:
Broun of the 46th Johnson of the 42nd Gardner of the 1st
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for run-off election for Governor in the event no candidate receives a major ity of the votes cast in the general election; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Constitution is hereby amended by striking in their entirety Paragraphs III, IV and V of Article V and substituting in lieu thereof Paragraphs III, IV and V to read as follows:
"Paragraph III. Transmission, Canvassing and Publishing Election Returns. The returns of each election district in a guberna torial election shall be sealed up by the superintendent thereof separately from other returns and shall be transmitted to the Secre tary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Elec tion Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Sec retary of the Senate, and the chairman of all standing committees of the General Assembly. Such Board shall open and publish the
3380
JOURNAL OF THE HOUSE,
returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns.
"Paragraph IV. Run-off Election. In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the gubernatorial election by immediately calling a run-off election and designate as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the third Tuesday immediately following the general election unless the date thereof shall be changed by the General Assembly. The run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating to the transmission of the returns in the general election, the open ing of the returns, their tabulation, canvassing and publication shall apply to the run-off election. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate and publish the returns of the run off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Governor of this State.
"Paragraph V. General Assembly may Provide Additional Pro cedures. The General Assembly may provide by law for any addi tional procedures or requirements connected with any subject matter embraced within Paragraphs III and IV and in connection with any contested election, provided such laws are not inconsistent with the provisions therein."
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 a run-off election for Governor in the event no candi-
NO ( ) date received a majority of the votes cast in the general election?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
FRIDAY, MARCH 8, 1968
3381
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
Mr. McCracken of the 49th 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.
Alexander Anderson Ballard Barber Battle 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. Caldwell Gates Cato Chandler Cheeks Clarke Cole Collins, M. Colwell Conner Cooper, B. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dixon Dodson Dollar
Dorminy Doster Douglas Edwards Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey
Knapp Laite Lambert Land Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Pafford Palmer Paris Parker, C. A.
3382
Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Eainey Reaves Richardson Roach Ross Rowland Rush Russell Savage
JOURNAL OP THE HOUSE,
Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Stalnaker Starnes Steis 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.
Those not voting were Messrs.:
Adams Barfield Bennett Buck Busbee Games Collins, J. P. Cook Cooper, J. R. Cox Dickinson Dillon Egan
Parrar Gignilliat Grier Hale Hood Jordan, W. H. Lambros Lane, Dick Longino Lovell Magoon Melton Moore, Don C.
Otwell Pickard Smith, J. R. Smith, W. L. Snow Sullivan Tucker Williams Winkles Wood Mr. Speaker
On the motion, the ayes were 168, nays 0.
The report of the Committee of Conference on HR 6-1 was adopted.
Mr. Williams of the 16th asked unanimous consent that the Speaker discharge the Committee of Conference appointed to confer on the following Bill of the House, and that a second Committee of Conference be appointed:
HB 1198. By Messrs. Barber of the 24th, Smith of the 54th and others: A Bill to be entitled an Act to amend an Act providing for equal pay for both males and females for comparable work, so as to define "Commis sioner"; and for other purposes.
The consent was granted, and the Speaker appointed as a second Committee of Conference on the part of the House the following members:
FRIDAY, MARCH 8, 1968
3383
Messrs. Williams of the 16th, Barber of the 24th and Steis of the 100th.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1044. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act revising appellate and other post-trial procedure, so as to redefine what judgments shall be subject to review; and for other purposes.
The following Senate amendment was read:
Senator Smalley of the 28th moves to amend HB 1044 by striking Section 9 in its entirety and renumbering Section 10 as Section 9.
Mr. Harris of the 86th asked unanimous consent that further consideration of HB 1044 be withdrawn.
The consent was granted, and further consideration of HB 1044 was with drawn.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by substitute, by the requisite constitutional major ity the following Resolution of the House, to-wit:
HR 524-1104. By Messrs. Parker of the 55th, Lane of the 64th, Farrar of the 118th, Lewis of the 50th, Barber of the 24th and others.
A Resolution directing the State Revenue Commissioner to undertake a complete, exhaustive examination of properties owned by public utilities in order to ascertain their true fair market value and for other purposes.
The Senate has dissolved its Committee of Conference and has appointed a second committee on the following Bill of the House, to-wit:
HB 1198. By Messrs. Barber of the 24th, Smith of the 54th, Paris of the 23rd, Lee of the 35th, McCracken of the 49th, and others:
A Bill to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable require ments relating to skill, effort and responsibility, so as to define "Com missioner"; and for other purposes.
3384
JOURNAL OP THE HOUSE,
The President has appointed on the part of the Senate the following: Senators Plunkett of the 30th, Andrews of the 49th, and Webb of the llth.
The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 422-932. By Messrs. Rainey of the 69th, Hall of the 67th, and others:
A Resolution proposing an amendment to the Constitution, so as to create a new Game and Fish Commission; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 1230. By Mr. Harris of the 85th:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, and certain post trial procedures in civil cases, so as to provide for service by publication when so ordered by the court; to provide that a party may amend his pleadings at any time before the entry of a pretrial order; and for other purposes.
HB 432. By Mr. Carnes of the 129th:
A Bill to provide for interest on uniliquidated damages under certain conditions; to provide for notice by the claimant; to provide that evi dence or discussion of interest on unliquidated damages shall not be sub mitted to the jury; and for other purposes.
The following Bill and Resolutions of the House were taken up for the pur pose of considering the Senate amendments and substitutes thereto:
HR 422-932. By Messrs. Rainey of the 69th, Hall of the 67th and others: A Resolution proposing an amendment to the Constitution, so as to create a new Game and Pish Commission; and for other purposes.
The following Senate amendment was read:
Committee on Economy, Reorganization and Efficiency In Govern ment moves to amend HR 422-932 as follows:
By striking from Article V, Section IV, Paragraph IV the word "four" where it appears between the word "appoint" and the word "members" and inserting in lieu thereof the word "two".
FRIDAY, MARCH 8, 1968
3385
Mr. Grahl of the 52nd moved that the House agree to the Senate amendment.
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 Battle Berry, J. K. Black Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Dodson Dorminy Doster Douglas Edwards Fallin Farmer Fleming Funk Gay Gaynor Grahl
Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Hill Howard Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Kaylor Kirksey Knapp Lambert Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Longino Lowrey Magoon Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moate Moore, J. H. Moreland Murphy Nash Nessmith Newton Nimmer
Northcutt Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss Potts Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett
Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Steis Sweat Thompson, A. W. Thompson, R. Threadgill Tucker Turner Tye Underwood Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood
3386
JOURNAL OP THE HOUSE,
Those voting in the negative were Messrs.:
Dean Egan Ployd
Gary Hutchinson Lee, W. S.
Odom Townsend
Those not voting were Messrs.:
Barfield Bennett
Berry, C. E. Blalock Bostick Bowen Buck Cato Cox Crowe, William Crowe, W. J. Dent Dollar Farrar Gignilliat Grier
Hale
Hall Harris, R. W. Holder Hood Howell Joiner Jordan, G. Jordan, W. H. Laite Lambros Land Lane, Dick Lovell Malone Matthews, D. R. Melton Moore, Don C.
Mullinax Oglesby Otwell Pafford Palmer Phillips Pickard Ragland Shields Snow Starnes Sullivan Vaughan, D. N. Vaughn, C. R. Winkles Mr. Speaker
On the motion, the ayes were 147, nays 8.
The Senate amendment to HR 422-932 was agreed to.
HR 524-1104. By Messrs. Parker of the 55th, Lane of the 64th, Parrar of the 118th and others:
A Resolution directing the State Revenue Commissioner to undertake a complete exhaustive examination of properties owned by Public utilities in order to ascertain their true fair market value for ad valorem taxa tion purposes; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Directing the State Revenue Commissioner to undertake an examina tion of properties owned by public utilities in order to ascertain their true fair market values for ad valorem taxation purposes, and to assign said true fair market values to said properties; and for other purposes.
WHEREAS, the State Government, in order to efficiently and effec tively carry out its constitutional responsibilities to the citizenry of Georgia must adhere to sound financial principles and policies; and
FRIDAY, MARCH 8, 1968
3387
WHEREAS, over the past few years, practically all of the counties have undertaken to redetermine the valuation of properties owned by private interests in order to assign realistic values for ad valorem taxa tion purposes; and
WHEREAS, the returns of public utilities are made to the State Revenue Commissioner, and not to the county governments, and a reevaluation of property owned by public utilities has not been undertaken in recent years; and
WHEREAS, financial responsibility requires that the State Revenue Commissioner utilize the procedures provided by law to assign proper values to properties owned by public utilities doing business in the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Revenue Commissioner is hereby directed to undertake an examination of properties owned by public utilities, and, to the best of his ability, to assign the true fair market value to all properties returned to him for ad valorem taxation by public utilities.
The following Senate amendment to the Senate substitute was read:
Senator Holley of the 22nd moves to amend the Senate substitute to HR 524-1104 by striking the following language, wherever it appears:
"and a revaluation of property owned by public utilities has not been undertaken in recent years".
Mr. Parker of the 55th moved that the House agree to the Senate substitute, as amended by the Senate.
On the motion, the ayes were 116, nays 0.
The Senate substitute, as amended by the Senate, to HR 524-1104 was agreed to.
HB 432. By Mr. Carnes of the 129th: A Bill to be entitled an Act to provide for interest on unliquidated dam ages 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.
The following Senate amendment was read:
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JOURNAL OF THE HOUSE,
The Senate Judiciary Committee moves to amend HB 432 by adding after the word "sum" where it first appears in Section 1 (a) the words and numbers "not exceeding $5,000.00".
Mr. Games of the 129th moved that the House agree to the Senate amend ment.
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 Battle Berry, J. K. Black Bond Bostick Bowen Branch Brantley, H .H. Brantley, H. L. Bray Brown, B. D. Brown C. Busbee Caldwell Carnes Gates Cato Cheeks Clarke Collins, J. P. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dillon Dixon Dodson
Dollar Dorminy Doster Douglas Edwards Egan Pallin Farmer Fleming
Floyd Funk Gay Grahl Graves Grier Hadaway Hall Hargrett Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Kaylor
Kirksey Knapp Laite Lambert Lambros
Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Longino Lowrey Magoon M alone Mason
Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moate Moore, J. H. Moreland Murphy Nash Nessmith
Newton Nimmer Northcutt Odom Palmer Paris Parker, C. A.
Parker, H. W. Parrish Peterson Phillips Poss Potts
Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Simmons Sims
FRIDAY, MARCH 8, 1968
Smith, V. T. Smith, W. L. Snow Stalnaker Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye
3389
Underwood Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Winkles Wood
Those voting in the negative were Messrs.:
Cole Gaynor
Leonard Shuman
Wilson, R. W.
Those not voting were Messrs.:
Barfield Bennett Berry, C. E. Blalock Buck Chandler Cook Crowe, W. J. Dent Dickinson Parrar Gary Gignilliat Gunter
Hale Hamilton
Hill Howell Joiner Jordan, G. Jordan, W. H. Land Leggett Lovell Melton Moore, Don C. Mullinax Oglesby
Otwell Pafford Pickard Ragland Savage Shields Smith, G. W. Smith, J. R. Starnes Sullivan Vaughan, D. N. Vaughn, C. R. Ware Mr. Speaker
On the motion, the ayes were 158, nays 5.
The Senate amendment to HB 432 was agreed to.
Mr. Floyd of the 7th arose to a point of personal privilege and addressed the House.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1198. By Messrs. Barber of the 24th, Smith of the 54th and others: A Bill to be entitled an Act to amend an Act providing for equal pay for both males and females for comparable work, so as to define "Commis sioner"; and for other purposes.
3390
JOURNAL OF THE HOUSE,
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB NO. 1198
The Conference Committee on HB No. 1198 recommends the fol lowing :
(1) That the Senate and the House of Representatives both recede from their positions.
(2) That the substitute by the Senate Committee on Business, Trade and Commerce be adopted with the following changes.
(a) By striking quoted Section 3A (a) (4) and inserting in lieu thereof the following:
"(4) The Commissioner shall have the authority to issue such rules and regulations appropriate to the carrying out of the pro visions of this Act.",
in its entirety.
(b) By striking quoted Section 3A (b) in Section 2 of said bill and inserting in lieu thereof the following:
"(b) The Commissioner of Labor is hereby authorized to re quest witnesses to appear and to procure pertinent records for examination by the Commissioner or his authorized representative in the county of the place of business of the employer, and such witnesses shall be paid the same fees as are allowed witnesses attend ing the superior courts of this State. In the event of failure of a person to attend, testify or produce records voluntarily, the Com missioner may make application to the superior court of the county in which the business is located, and after notice and hearing the court, in its discretion, upon proper cause shown, may issue an order requiring the person to appear before the Commissioner or his authorized representative and testify or produce records as requested by the Commissioner."
Respectfully submitted,
FOR THE HOUSE:
Williams of the 16th Barber of the 24th Steis of the 100th
FOR THE SENATE
Andrews of the 49th Plunkett of the 30th Webb of the llth
Mr. Williams of the 16th moved that the House adopt the report of the Com mittee of Conferecne.
On the motion, the ayes were 158, nays 0.
FRIDAY, MARCH 8, 1968
3391
The report of the Committee of Conference on HB 1198 was adopted.
Mr. Ployd of the 7th moved that the House do now adjourn.
On the motion, the ayes were 19, nays 85.
The motion to adjourn was lost.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1230. By Mr. Harris of the 85th: A Bill to be entitled an Act to amend an Act revising trial procedures in civil cases, so as to provide for service by publication when so ordered by the court; and for other purposes.
The following Senate amendment was read:
Senator Andrews of the 49th moves to amend House Bill 1230 as follows:
By adding after the phrase "so as to provide for service by publica tion when so ordered by the court" the following:
"to provide that service may be effective in cases involving less than $200.00 by leaving a copy of the summons and complaint at the most notorious place of abode;".
By renumbering Sections 2 through 12 as Sections 3 through 13, respectively.
By adding a new Section 2 to read as follows:
"Section 2. Said Act is further amended by renumbering para graph (6) of subsection (d) of Section 4 as paragraph (7), and by adding a new paragraph (6) of subsection (d) of Section 4 to read as follows:
'(6) If the principal sum involved is less than two hundred ($200.00) dollars, by leaving a copy at the most notorious place of abode.'"
The following House amendment to the Senate amendment was read and adopted:
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JOURNAL OF THE HOUSE,
Mr. Harris of the 85th moves to amend the Senate amendment to HB 1230 by adding after the first two words "By adding" the words "in the caption", so that when so amended said first phrase of said Senate amendment shall read:
"By adding in the caption after the phrase 'so as to provide for service by publication when so ordered by the court' the following:'.
Mr. Harris of the 85th moved that the House agree to the Senate amendment, as amended by the House.
On the motion, the ayes were 104, nays 5.
The Senate amendment to HB 1230, as amended by the House, was agreed to.
Mr. Williams of the 16th arose to a point of personal privilege and addressed the House.
Mr. Levitas of the 118th arose to a point of personal privilege and addressed the House.
Mr. Levitas of the 118th asked unanimous consent that the House reconsider its action in withdrawing the following Bill of the House from further con sideration :
HB 1044. By Mr. Harris of the 85th.
A Bill to be entitled an Act to amend an Act revising appellate and other post-trial procedure, so as to redefine what judgments shall be subject to review; and for other purposes.
Objection was heard, and Mr. Levitas of the 118th moved that the House reconsider its action.
On the motion, 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 Bostick Branch
Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Cole Collins, J. P. Collins, M. Colwell Conner
Cooper, J. R. Cox Dailey Daugherty Davis Dillon Dodson Dollar Dorminy Douglas Edwards Egan Farmer Gary Gay Gaynor Grahl Graves Grier Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W.
FRIDAY, MARCH 8, 1968
Harrison Henderson Higginbotham Holder Hood Hutchinson Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Kaylor Kirksey Knapp Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Lowrey Magoon Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Merritt Miller Mixon Moreland Murphy Nash Nessmith Newton Odom Palmer
3393
Parker, C. A. Parker, H. W. Peterson Poss Potts Rainey Reaves Richardson Ross Rowland Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Steis Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Walling Wamble Ward Westlake Whaley Wigging Williams Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Bowen Jordan, W. H.
Leonard Moate
Those not voting were Messrs.:
Ballard Barber Barfield Bennett Berry, C. E.
Blalock Buck Chandler Cheeks Clarke
Cook Cooper, B. Crowe, William Crowe, W. J. Dean
3394
DeLong Dent Dickinson Dixon Doster Fallin Farrar FlemingFloyd Funk Gignilliat Gunter Hadaway Hale Hall Hill Howard Howell Jenkins
JOURNAL OF THE HOUSE,
Joiner Jordan, G. Laite Lambros Land Longino Lovell Malone McDaniell Melton Moore, Don C. Moore, J. H. Mullinax Nimmer Northcutt
Oglesby Otwell Pafford Paris
Parrish Phillips Pickard Ragland Eoach Rush Shields Smith, J. R. Snow Starnes Sullivan Sweat Underwood Vaughan, D. N. Vaughn, C. R.
Ware Wells Winkles Mr. Speaker
On the motion, the ayes were 129, nays 4.
The motion prevailed, and the House reconsidered its action in withdrawing HB 1044 from further consideration.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1044. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act revising appellate and other post-trial procedure, so as to redefine what judgments shall be subject to review; and for other purposes.
The following Senate amendment was read:
Senator Smalley of the 28th moves to amend HB 1044 by striking Section 9 in its entirety and renumbering Section 10 as Section 9.
Mr. Levitas of the 118th moved that the House disagree to the Senate amendment.
The motion prevailed, and the House disagreed to the Senate amendment to HB 1044.
FRIDAY, MARCH 8, 1968
3395
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 Bill of the House, to-wit:
HB 1197. By Mr. Howard of the 101st:
A Bill to amend an Act providing for a tax on certain deed, instruments, or other writings transferring real estate, so as to exempt any instru ment or writing from said tax which is executed by any agency of the State of Georgia or by any political subdivision thereof, or by any public corporation or authority; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 741. By Mr. Mixon of the 81st:
A Bill to authorize the Supervisor of Purchases to permit county gov ernments, on an optional basis, to purchase county supplies through the State, and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1498. By Mr. Jones of the 76th:
A Bill to provide the procedures under which surplus State property shall be disposed of; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional major ity the following Bill of the House, to-wit:
HB 1057. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to amend Code Section 34-202, relating to the duties of the State Election Board and authorize them to exercise additional powers as they relate to primaries and elections; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
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JOURNAL OP THE HOUSE,
HB 1197. By Mr. Howard of the 101st:
A Bill to be entitled an Act to amend an Act providing for a tax on certain deeds transferring real estate, so as to exempt any instrument from said tax which is executed by any agency of the State of Georgia or by any political subdivision thereof; and for other purposes.
The following Senate amendment was read:
The Committee on Banking and Finance moves to amend House Bill No. 1197, as follows:
By inserting in the title immediately before the phrase:
"to repeal conflicting laws;",
the following:
"to provide that the tax shall not apply to instruments or writ ings which convey no more than a leasehold interest in standing timber;".
By adding after the word "shown", wherever it shall appear in Section 1 the following:
"Provided further that the tax imposed by Section 1 shall not apply to any instrument or writing which conveys no more than a leasehold interest in standing timber."
Mr. Harris of the 118th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 104, nays 1.
The Senate amendment to HB 1197 was agreed to.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments or substitutes thereto:
HB 741. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to authorize the Supervisor of Purchases to permit county governments, on an optional basis, to purchase county supplies through the State; and for other purposes.
FRIDAY, MARCH 8, 1968
3397
The following Senate substitute was read:
A BILL
To be entitled an Act to authorize the Supervisor of Purchases to permit local political subdivisions and agencies, on an optional basis, to purchase through the State; to provide the procedures connected there with; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Supervisor of Purchases is hereby authorized to per mit local political subdivisions, on an optional basis, to purchase their supplies through the State.
Section 2. The governing authorities of each of the local political subdivisions in this State shall have the right, from time to time, to determine through study whether an overall substantial price advantage will result to a political subdivision by the means of a local political subdivision either alone or in conjunction with another political subdi vision, bidding through the Supervisor of Purchases on standard items of equipment, supplies, or services or other standard expenses ordinarily needed, procured, or incurred by such governments without a sacrifice of safety or quality. If the governing authority of any political subdi vision shall determine that such a price advantage may be obtained by such means on any one or more of such items or expenses, said governing authority or authorities shall make this fact known to the Supervisor of Purchases. After receipt of such notice from said political subdivisions, the Supervisor of Purchases shall, after consultation, with such govern ing authorities, establish sets of uniform standard specifications for such item or items as may be reasonably required in order to meet the needs and requirements of the requesting political subdivision. The gov erning authorities of the requesting political subdivision shall, at such times as the Supervisor of Purchases shall prescribe, report its probable annual requirements for such standard items to the Supervisor of Pur chases and the requested time for delivery of such items. The Supervisor of Purchases shall compile such requirements together with such other information as may be needed for the purpose of advertising for bids for a uniform state price on such items.
Section 3. The Supervisor of Purchases shall advertise for bids for supply of such items in the same manner followed for State purchases: provided, however, that the Supervisor of Purchases shall inform pro spective bidders that the bid requested is for the furnishing of such items to be designated political subdivisions at the times specified on the basis of a single State price applicable to all such local political subdivisions; that payment for such items as may be purchased by such political subdi visions shall be made by the respective political subdivision to the bidder; that no guarantee is made that any purchases will be made from the successful bidder as a result of such bid, and such other information as may be appropriate under the circumstances. The Supervisor of Pur chases shall, upon receipt of bids, process the same in the same manner followed for State purchases and promptly notify the governing author-
3398
JOURNAL OF THE HOUSE,
ities of the political subdivisions of the name of the successful bidder, the bid price, the terms of delivery guaranteed by the successful bidder, and any other pertinent information. The Supervisor of Purchases shall prescribe regulations necessary for implementation and enforcement of the provisions of this Act and is authorized to establish minimum stand ards and uniform standard specifications and procedures for the pur chase and distribution of equipment, supplies, services and other expenses for the political subdivisions of this State.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Mixon of the 81st moved that the House agree to the Senate substitute.
On the motion, the ayes were 105, nays 2.
The Senate substitute to HB 741 was agreed to.
HB 1057. By Messrs. McCracken of the 49th, Wiggins of the 32nd and others:
A Bill to be entitled an Act to amend Code Section 34-202, so as to change the duties of the State Election Board; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 34-201 of the Georgia Election Code, relating to the State Election Board, so as to change the composition of the Board; to provide for vacancies; to provide for other matters relative thereto; to amend Code Section 34-202, relating to the duties of the State Election Board, so as to change the duties of the Board and authorize it to exercise additional powers relative to primaries and elections; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-201 of the Georgia Election Code, relat ing to the State Election Board, is hereby amended by striking said Sec tion in its entirety and inserting in lieu thereof a new Section 34-201 to read as follows:
"Section 34-201. Creation, seal; by-laws; meetings; minutes of meet ings.-- (a) There is hereby created a State board to be known as the 'State Election Board' to be composed of the Secretary of State, an elec-
FRIDAY, MARCH 8, 1968
3399
tor to be elected by a majority vote of the Senate of the General Assem bly at its regular session held in each odd-numbered year, an elector to be elected by a majority vote of the House of Representatives of the General Assembly at its regular session held in each odd-numbered year, and a member of each political party to be nominated and appointed in the manner hereinafter provided. No person while a member of the General Assembly shall serve as a member of the Board.
"(b) A member elected by a House of the General Assembly shall take office on the day following the adjournment of the regular session in which elected, and shall serve for a term of two years and until his successor is elected and qualified, unless sooner removed. An elected member of the Board may be removed at any time by a majority vote of the House which elected him. In the event a vacancy should occur in the office of such a member of the Board at a time when the General Assem bly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office was elected by the Senate or appointed by the President of the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to fill_the vacancy if the prior incumbent of such office was elected by the House of Representatives or appointed by the Speaker of the House of Representatives. A member appointed to fill a vacancy may be removed at any time by a majority vote of the House whose pre siding officer appointed him. Each present member of the Board who was elected by a House of the General Assembly shall continue to serve on the Board until his successor is elected and qualified, unless sooner removed; and effective April 1, 1967, this sentence is hereby stricken and repealed.
"(c) Within thirty days after the effective date of this subsection, the State executive committee of each political party shall nominate a member of its party to serve as a member of the State Election Board and, thereupon, the Governor shall appoint such nominee as a member of the Board to serve for a term of two years from the date of the ap pointment and until his successor is elected and qualified, unless sooner removed. Thereafter, such State executive committee shall select a nomi nee for such office on the Board within thirty days after a vacancy occurs in such office and shall also select a nominee at least thirty days prior to the expiration of the term of each incumbent nominated by it, and each such nominee shall be immediately appointed by the Governor as a member of the Board to serve for the unexpired term in the case of a vacancy, and for a term of two years in the case of an expired term. Each successor, other than one appointed to serve an unexpired term, shall serve for a term of two years, and the terms shall run consecu tively from the date of the initial gubernatorial appointment. No person shall be eligible for nomination by such State executive committee unless he is an elector and a member in good standing of the political party of the committee. Such a member shall cease to serve on the Board and his office shall be abolished if and when his political organization shall cease to be a 'political party' within the definition of this Code.
"(d) The Secretary of State shall be the Chairman of the Board. Three members of the Board shall constitute a quorum, and no vacancy on the Board shall impair the right of the quorum to exercise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use and by-laws for its own government and procedure.
3400
JOUENAL OP THE HOUSE,
" (e) Meetings shall be held whenever necessary for the performance of the duties of the Board on call of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give to each member of the Board prior notice of the time and place of each meeting of the Board.
"(f) If any member of the Board shall qualify as a candidate for any office which is to be voted upon in any primary or election regu lated by the Board, that member's position on the Board shall be immedi ately vacated and such vacancy shall be filled in the manner provided for filling other vacancies on the Board."
Section 2. Code Section 34-202, relating to the duties of the State Election Board, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 34-202 to read as follows:
"Section 34-202. Duties of the Board.--It shall be the duty of the State Election Board:
"(a) To so supervise and coordinate the work of the Secretary of State, superintendents, registrars, deputy registrars, poll officers, and other officials, as to obtain uniformity in their practices and proceedings and legality and purity in all primaries and elections;
"(b) To formulate, adopt and promulgate such rules and regu lations, consistent with law, as will be conductive to the fair, legal and orderly conduct of primaries and elections; and upon the adop tion of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary;
"(c) To publish and furnish to primary and election officials, from time to time, a sufficient number of indexed copies of all pri mary and election laws and pertinent rules and regulations then in force;
"(d) To publish and distribute such explanatory pamphlets re garding the interpretation and application of primary and election laws as in the opinion of the Board should be distributed to the electorate;
"(e) To investigate when necessary or advisable the adminis tration of primary and election laws, and frauds and irregularities in primaries and elections, and to report violations of the primary and election laws to the appropriate solicitor general for further investigation and prosecution, (nothing in this subsection shall be so construed as to require any complaining party to request an in vestigation by the Board before he might proceed to seek any other remedy available to him under this Code or any other provision of law);
FRIDAY, MARCH 8, 1968
3401
"(f) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections;
"(g) To employ such assistants as may be necessary; and
"(h) To take such other action, consistent with law, as the Board may determine to be conducive to the fair, legal and orderly conduct of primaries and elections."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. McCracken of the 49th moved that the House agree to the Senate sub stitute.
On the motion, the ayes were 109, nays 2.
The Senate substitute to HB 1057 was agreed to.
HB 1498. By Mr. Jones of the 76th: A Bill to be entitled an Act to provide the procedures under which sur plus State property shall be disposed of; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Economy Reorganization and Efficiency in Government moves to amend HB 1498 as follows:
By striking in its entirety Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Nothing contained within this Act shall be con strued so as to apply to any real property owned by the State, and this Act shall not apply to such property, nor shall this Act be con strued so as to prohibit the Attorney General from distributing or selling the published reports of the opinions of the Attorney General, Provided, further, nothing herein contained shall prohibit the transfer of title to any surplus personalty of the State of Geor gia to any county, municipality or other political subdivision of this State by gift, negotiated sale, or otherwise."
Mr. Murphy of the 26th moved that the House agree to the Senate amendment.
On the motion, the ayes were 133 nays 1.
3402
JOURNAL OP THE HOUSE,
The Senate amendment to HB 1498 was agreed to.
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 House, to-wit:
HB 1639. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act incorporating the City of Warner Eobins so as to change the compensation of the mayor and councilman; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:
HR 104. By Messrs. Lambros of the 130th and Turner of the 32nd:
A Resolution requesting the motto "Justice, Mercy and Humility" be engraved upon the face of the United States one dollar bill; and for other purposes.
HR 451-994. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, and others:
A Resolution authorizing the creation of an Interim Study Committee to revise, consolidate, and recommend the enactment of new laws and to re-codify all laws pertaining to the highways and public roads of the State of Georgia; and for other purposes.
HR 493-1063. By Mr. Vaughn of the 117th:
A Resolution authorizing the conveyance of certain real property in Fulton County in exchange for slope easements and certain other real property located in Fulton County; and for other purposes.
HR 498-1089. By Messrs. Vaughn of the 117th and Wood of the 16th:
A Resolution authorizing the conveyance of a certain tract of land to Ira H. Hardin Company; and for other purposes.
HR 520-1103. By Mr. Vaughn of the 117th:
A Resolution authorizing the conveyance of a certain tract of land with improvements thereon, in Fulton County; and for other purposes.
FRIDAY, MARCH 8, 1968
3403
HR 597-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, Dated March 29th, 1967, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
HR 598-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 20, 1967,'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.
HR 599-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 29, 1967, suspending the collection of taxes im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sales of food to private non-profit, accredited elementary schools until the next meeting of the General Assembly; and for other purposes.
HR 600-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated December 12, 1967, designating the new official resi dence of the Governor of the State of Georgia as the "Executive Center" and designating the Executive Center as the official residence of the Governor; and for other purposes.
HR 603-1280. By Mr. Moore of the 12th:
A Resolution authorizing the conveyance of certain real property located in Stephens County; and for other purposes.
HR 673-1450. By Mr. Chandler of the 47th:
A Resolution declaring that those portions of that State property known as and presently under lease as the Western and Atlantic Railroad which are not included in new lease of said Railroad shall be subject to the jurisdiction, supervision and control of the State Properties Control Commission as provided in the State Properties Control Code; and for other purposes.
3404
JOURNAL OF THE HOUSE,
HR 706. By Messrs. Wilson and Henderson of the 102nd, Cooper of the 113th, and others:
A Resolution urging the consolidation and combination into one au thority of the City of Marietta Hospital Authority and the Cobb County Hospital Authority; and for other purposes.
HR 709-1479. By Mr. Smith of the 54th:
A Resolution approving an amendment dated the 15th day of February, 1968, to the lease contract dated the 12th day of January, 1960, entered into between the Western and Atlantic Railroad Commission and City Center, Incorporated; and for other purposes.
HR 715-1515. By Messrs. Murphy of the 26th, Paris of the 23rd, Lance of the 64th, and Caldwell of the 51st:
A Resolution authorizing the conveyance of certain real property in Wayne County, Georgia, in exchange for certain other real property located in Wayne County, Georgia; and for other purposes.
HR 737-1616. By Messrs. Smith of the 54th and Chandler of the 47th:
A Resolution authorizing the State Properties Control Commission to amend the present and existing lease of the Western & Atlantic Railroad, so as to postpone for six months, to June 27, 1969, the date by which the State, must give to the lessee of said railroad notice of the State's desire to acquire any or all property acquired by the lessee during the term of said lease; and for other purposes.
HR 784-1636. By Messrs. Clarke of the 45th and Pickard of the 112th:
A Resolution proposing an amendment to the Constitution so as to authorize the Department of Industry and Trade to expend available funds for the business meals and incidental expenses of bona fide indus trial prospects and other persons who attend any meeting at the re quest of the Department to discuss the location or development of new business, industry, or tourism within the State; and for other purposes.
The Senate has agreed to the House amendments to the following Bills of the Senate, to-wit:
SB 180. By Senator Cox of the 21st:
A Bill to repeal Section 24-3104 of the Code of Ga., relating to the compensation of court reporters by counties; to repeal conflicting laws; and for other purposes.
FRIDAY, MARCH 8, 1968
3405
SB 205. By Senator Gardner of the 1st:
A Bill to prohibit the intentional inhaling of fumes from model glue for the purpose of causing intoxication; to define "model glue"; to prohibit selling and possessing model glue for illegal purposes; to pro hibit transfer of model glue to persons under 21 without consent; to provide for records of sales to persons under 21; to define punishment; to repeal conflicting laws; and for other purposes.
SB 234. By Senators Eldridge of the 7th, Flowers of the 10th, Young of the 13th and otheis:
A Bill to establish the State Department of Air Transportation; and for other purposes.
SB 236. By Senator Johnson of the 38th:
A Bill to provide for the compensation ol the sheriff of certain counties and the procedure in connection with the payment thereof; to provide for an effective date; to specifically repeal certain laws; to repeal con flicting laws; and for other purposes.
SB 274. By Senator Johnson of the 38th:
A Bill to amend an Act entitled "An Act to amend an Act entitled 'An Act to establish the Criminal Court of Atlanta', so as to provide that vacancies occurring in the offices of Judge and Solicitor General of the Criminal Court of Fulton County shall be filled by the Governor appointing a successor to serve until the next general election at which time a successor shall be elected"; and for other purposes.
SB 310. By Senators Sells of the 37th, Ward of the 39th, Smith of the 34th and others:
A Bill to amend an Act entitled "An Act to require the tax receiver or tax commissioner of Fulton County to receive tax returns for the City of Atlanta; and for other purposes"; so as to authorize the tax com missioner of Fulton County to receive tax returns and collect taxes due the City of Atlanta located in Fulton County and DeKalb County; so as to vest the tax commissioner of Fulton County with all powers and authorities now vested in the municipal revenue collector; and for other purposes.
SB 324. By Senators Shea of the 3rd, Gardner of the 1st and Searcey of the 2nd:
A Bill to provide the procedure for the impaneling of alternate jurors in criminal cases in the Superior Courts of this State; to provide how such alternate jurors may be substituted for original jurors; and for other purposes.
3406
JOURNAL OF THE HOUSE,
SB 342. By Senator Kennedy of the 4th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Evans, State of Georgia, so as to change the compensation of the Chairman and members of said Board; and for other purposes.
SB 359. By Senators Conway of the 41st and Johnson of the 42nd:
A Bill to amend Code Title 34, known as the Georgia Election Code, so as to prohibit certain political activities; so as to provide that such activities shall be known as unlawful campaign practices; and for other purposes.
The Senate has agreed to the House amendment to the following Resolution of the Senate, to-wit:
SR 193. By Senator McGill of the 24th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property located in Wilkes County to Wilkes County; and for other purposes.
The Senate has agreed to the House substitute to the following Bills of the Senate, to-wit:
SB 151. By Senators Coggin of the 35th and Bateman of the 27th:
A Bill to amend the Georgia Election Code, relating to the comprehen sive regulation of primaries and federal, State and County elections, so as to provide that municipal primaries and elections shall be regu lated by the Georgia Election Code; and for other purposes.
SB 245. By Senator Kidd of the 25th:
A Bill establishing the Georgia State War Veterans' Home, so as to re define the term "war veterans"; and for other purposes.
SB 258. By Senator Kidd of the 25th:
A Bill to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other purposes.
SB 277. By Senator Johnson of the 38th:
A Bill to amend an Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia", so as to
FRIDAY, MARCH 8, 1968
3407
provide that vacancies occurring in the office of Judge of the Civil Court of Fulton County shall be filled by the Governor appointing a successor to serve until the next general election at which time a suc cessor shall be elected; and for other purposes.
SB 364. By Senators McGill of the 24th, Fincher of the 51st, Carter of the 14th and others:
A Bill to provide a salary payable from State funds for each solicitor general effective at the beginning of the next term of office of each solicitor general; to provide for the disposition of all fees, fines for feitures, costs and commissions formerly allowed solicitors general; and for other purposes.
SB 392. By Senator Rowan of the 8th: A Bill to amend an Act creating the office of tax commissioner of Berrien County, so as to place the tax commissioner on an annual salary; to provide for the disposition of all fees, commissions and emoluments, formerly allowed the tax commissioner; to provide for assistants and their compensation; to provide an allowance for office supplies and expenses; and for other purposes.
SB 406, By Senator Hall of the 52nd: A Bill to create the Coosa Valley Area Vocational Technical School and Junior College System; to provide for a Board of Trustees of said sys tem; to provide for the appointment of the Board of Trustees; to provide for the qualifications, compensation and terms of office of the members of the Board; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:
SB 117. By Senators Flowers of the 10th, Eldridge of the 7th, Searcey of the 2nd and Carter of the 14th: A Bill to amend Code Section 56-2413 of the Georgia Insurance Code, relating to the contents of policies in general; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 329. By Mr. Steis of the 100th: A Bill to amend Code Chapter 84-4, relating to barbers and manicurists, so as to change certain provisions relative to examinations for certifi cates of registration as a master barber; and for other purposes.
3408
JOURNAL OF THE HOUSE,
HB 509. By Messrs. Rowland of the 48th, Doster of the 73rd and Peterson of the 59th:
A Bill to amend an Act providing retirement benefits for the clerks of the superior court of Georgia, so as to provide that the benefits and funds shall be exempt from attachment, garnishment, taxation, levy, and sale and any other process; and for other purposes.
HB 776. By Messrs. Maxwell and Fleming of the 106th and others:
A Bill to amend an Act regulating public instruction in the County of Richmond, so as to fix the date of the election for members of the County Board of Education hereafter elected on the first Tuesday after the first Monday in all future elections; and for other purposes.
HB 838. By Mr. Barber of the 24th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, and the Tax Collector of Jackson County; and for other purposes.
HB 853. By Messrs. Games of the 129th, Cooper of the 16th, Fallin of the 94th, and others:
A Bill to amend an Act establishing Juvenile Courts, so as to change provisons relating to jurisdiction and procedure and to clarify provisions relating to rights of juvenile offenders; and for other purposes.
HB 886. By Mr. Dixon of the 83rd:
A Bill to amend an Act comprehensively revising the laws relating to subpoenas and other like processes and providing for the attendance of witnesses and fees thereof, so as to provide for the payment of fees to certain peace officers; and for other purposes.
HB 896. By Mr. Douglas of the 60th:
A Bill to amend Code Section 92-3106, relating to personal exemptions, so as to allow a taxpayer who is the head of a household to claim a $600 exemption for certain dependents who are students; and for other purposes.
HB 950. By Mr. Cooper of the 103rd:
A Bill to amend the Act creating the Peace Officers' Annuity and Benefit Funds, so as to provide newly-employed peace officers with certain rights; and for other purposes.
HB 993. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th and others:
A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that local authorities shall conform their
FRIDAY, MARCH 8, 1968
3409
traffic-control devices to specifications contained in the Georgia Manual on Uniform Traffic Control Devices for Streets and Highways; and for other purposes.
HB 1050. By Messrs. Lane of the 64th, Paris of the 23rd, Parker of the 55th and others:
A Bill to amend an Act establishing the State Employees' Retirement System, so as to provide for an exception relative to employment; and for other purposes.
HB 1063. By Messrs. Smith and Cole of the 3rd, Crowe of the 1st, Grier of the 132nd and others:
A Bill to create the Georgia Interdepartmental Council on the Handi capped; and for other purposes.
HB 1077. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th and others:
A Bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain property, so as to clarify the provisions relating to secondary security instruments; and for other purposes.
HB 1078. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th and others:
A Bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act", so as to redefine certain terms; and for other purposes.
HB 1100. By Messrs. Games of the 129th, Townsend of the 140th, Gates of the 123rd and others:
A Bill to repeal an Act to establish the license fees which may be charged to any person, firm or corporation with a taxicab franchise in certain cities, so as to provide that the license fee shall be the only fee or business tax such cities shall be authorized to levy and collect; and for other purposes.
HB 1142. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd and others:
A Bill to amend an Act entitled "Zoning in Certain Counties", so as to provide that the hearing before the county authorities with respect to the modification or amendment of any portion of the plan or zoning resolu tion shall be after a written report has been filed by the Planning Commission of the County; and for other purposes.
3410
JOURNAL OP THE HOUSE,
HB 1177. By Messrs. Hale of the 1st and Jones of the 76th:
A Bill to amend the Act known as the "Georgia Health Code", by delet ing Section 88-1812, of a certain chapter and inserting in lieu thereof a new Section 88-1812, so as to provide for the use of general funds or tax revenues derived from the levy of an ad valorem tax not exceeding 7 mills by cities; and for other purposes.
HB 1193. By Messrs. Adams of the 125th, Vaughan of the 14th, Harris of the 14th and others:
A Bill to amend an Act known as the "Georgia Motorboat Numbering Act", so as to change the short title of said Act; and for other purposes.
HB 1195. By Mr. Bray of the 43rd:
A Bill to amend Code Section 109A-2-328, so as to provide that in sales by auction the auctioneer shall be considered agent of both parties so far as to dispense with any further memorandum in writing other than his own entries; and for other purposes.
HB 1217. By Mr. Hale of the 1st:
A Bill to amend to Act authorizing the governing authorities of mun icipalities and counties to establish planning commissions, so as to remove restrictions which limit the appointment of public officials to planning commissions; and for other purposes.
HB 1224. By Mrs. Hamilton of the 137th, Messrs. Egan of the 141st, Bond of the 136th and others:
A Bill to amend an Act to provide for a board of elections in certain coun ties, so as to provide that the board of elections in certain cases shall be authorized to expend public funds for distributing sample ballots; and for other purposes.
HB 1233. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and others:
A Bill to amend an Act providing that the State of Georgia become a party to the "Southern Nuclear Compact", so as to provide that the funds necessary to cai-ry out the provisions of the Act shall be paid from funds appropriated to or otherwise made available to the Execu tive Department; and for other purposes.
HB 1238. By Mr. Threadgill of the 32nd:
A Bill to amend an Act providing uniform standards for audits of municipalities and counties within the State of Georgia, so as to make
FRIDAY, MARCH 8, 1968
3411
the provisions of the Act applicable to all audits of the financial affairs of a county, municipality or political subdivision of a county or mun icipality; and for other purposes.
HB 1241. By Messrs. Paris of the 23rd, Murphy of the 26th, Miller of the 108th and others:
A Bill to amend Chapter 25-1 of the Code of Georgia, relating to credit unions; and for other purposes.
HB 1245. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 61th and others:
A Bill to amend an Act creating the Department of Public Safety, to establish within the Department of Public Safety a Division to be known as the Security Guard Division; and for other purposes.
HB 1246. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and others:
A Bill to amend an Act prohibiting the purchase of any passenger automobile by any department, bureau or agency of the State, so as to provide that passenger automobiles may be purchased, leased or rented for use by and on behalf of the Governor; and for other purposes.
HB 1260. By Mr. Henderson of the 102nd:
A Bill to amend an Act known as the "Family Planning Services Act", so as to change the classification of persons to whom family planning services may be offered; and for other purposes.
HB 1264. By Messrs. Davis, Westlake and Higginbotham of the 119th. Malone, Smith and Palmer of the 117th:
A Bill to amend Code Section 92-4902, relating to the requirement that tax collectors keep a cash book, so as to provide that entries required to be made in said book shall be entered within a certain length of time; and for other purposes.
HB 1277. By Mr. Fleming of the 106th:
A Bill to amend an Act authorizing the governing authorities of mun icipalities and counties to establish planning commissions, so as to require a brief description of the property sought to be rezoned to be published in certain newspapers; and for other purposes.
HB 1293. By Messrs. Hargrett of the 77th, Rainey of the 69th, and Mullinax of the 42nd:
A Bill to amend an Act revising, consolidating and superseding the laws of this State relative to Game and Fish, so as to eliminate alligator hunting licenses for non-residents; and for other purposes.
3412
JOURNAL OF THE HOUSE,
HB 1300. By Messrs. Westlake, Jenkins, Higginbotham and Davis of the 119th, Palmer, Smith, Malone and Vaughn of the 117th, and others:
A Bill to make it unlawful for any person to wilfully make a false report of a crime; and for other purposes.
HB 1334. By Mr. Matthews of the 94th:
A Bill to repeal an Act entitled "An Act to authorize the Commissioner of Agriculture to determine, establish and promulgate grades of quality for citrus fruit offered for sale"; and for other purposes.
HB 1341. By Mr. Harris of the 118th:
A Bill to amend Code Chapter 67-26, 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, known as the Federal Tax Lien Act of 1966; and for other other purposes.
HB 1342. By Mr. Lee of the 79th:
A Bill to amend an Act relating to the issuance of motor vehicle license plates in counties; so as to increase the fee for purchase by mail; and for other purposes.
HB 1349. By Messrs. Howard of the 101st, Wilson and Henderson of the 102nd:
A Bill to amend an Act authorizing certain counties in this State to establish and maintain a law library; and for other purposes.
HB 1355. By Mr. Bennett of the 95th:
A Bill to amend an Act entitled "An Act to provide an annual contingent expense allowance for each of the solicitors general of the superior courts", so as to change the annual contingent expense allowance for solicitors general; and for other purposes.
HB 1360. By Mr. Shanahan of the 8th: A Bill to amend Code Chapter 56-24, so as to provide the circumstances under which certain policies may be cancelled; and for other purposes.
HB 1395. By Messrs. Hill of the 121st, Dillon of the 128th, Carnes of the 129th, and others: A Bill to provide that it shall be unlawful for any person, firm or corpo ration to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any type of gravel, dirt
FRIDAY, MARCH 8, 1968
3413
or sand without having the same protected or enclosed in certain counties; and for other purposes.
HB 1398. By Messrs. Harris and Scarlett of the 85th:
A Bill to amend an Act which increases the salary of the Judge of the Juvenile Court of Glynn County, so as to change the salary; and for other purposes.
HB 1404. By Messrs. Harris of the 118th and Harris of the 85th:
A Bill to provide for the interpretation of provisions of the Constitution and statutes basing elections and other actions on elections of members of the General Assembly; and for other purposes.
HB 1405. By Mr. Fleming of the 106th:
A Bill to amend Code Section 49-701, so as to increase the amount which can be remitted to the ordinaries belonging to minors and insane persons who have no legal guardian; and for other purposes.
HB 1407. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st, Cooper of the 103rd and others:
A Bill to amend an Act providing for the establishment of an Atlanta Region Metropolitan Planning District, so as to increase the membership; and for other purposes.
HB 1412. By Mr. Busbee of the 79th:
A Bill to provide the dates on which laws shall become effective; and for other purposes.
HB 1420. By Messrs. Dean of the 20th, Lowrey, Graves and Starnes of the 13th, and Sims of the 131st:
A Bill to amend an Act authorizing the governing authorities of munici palities and counties to establish planning commissions; and for other purposes.
HB 1424. By Messrs. Barber of the 24th and Smith of the 54th:
A Bill to provide for the establishment of a special training program within the State Department of Education; and for other purposes.
HB 1438. By Messrs. Levitas and Walling of the 118th, Jones and Buck of the 112th:
A Bill to prohibit the possession of certain types of firearms, to be known as the "Georgia Firearms and Weapons Act"; and for other purposes.
3414
JOURNAL OF THE HOUSE,
HB 1439. By Mr. Ross of the 31st:
A Bill to strike the words "Roads and Revenues" from the official names of all the governing authorities of the 159 counties of the State of Geor gia; and for other purposes.
HB 1451. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages", so as to provide that the State Revenue Commissioner shall sell any and all malt bever ages found to be contraband; and for other purposes.
HB 1458. By Mr. Malone of the 117th:
A Bill to amend an Act creating and establishing the civil and criminal court of DeKalb County, so as to provide the salaries of the solicitor; and for other purposes.
HB 1461. By Mr. Harris of the 85th:
A Bill to amend the charter of the City of Brunswick, so as to provide specific requirements relating to the publications of ordinances which are adopted for the purposes of raising revenue; and for other purposes.
HB 1462. By Mr. Jones of the 76th:
A Bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to make certain transactions the equivalent of a retail sale under said Act; and for other purposes.
HB 1475. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, and Cooper of the 103rd:
A Bill to amend an Act amending, revising, consolidating and super seding the several Acts incorporating the Town of Austell, so as to in crease the corporate limits of said city; and for other purposes.
HB 1480. By Messrs. Gaynor of the 114th, Funk and Richardson of the 116th, Gignilliat and Berry of the 113th, Smith of the 114th:
A Bill to supplement the salaries of the judges of the superior court of the Eastern Judicial Circuit of Georgia; and for other purposes.
HB 1507. By Messrs. Lambros of the 130th, Dillon of the 128th, Townsend of the 141st and others:
A Bill to amend an Act establishing the Criminal Court of Atlanta, so as to provide for a method of trial and correction of errors in the Court of Appeals and the Supreme Court of Georgia; and for other purposes.
FRIDAY, MARCH 8, 1968
3415
HB 1511. By Messrs. Threadgill and Wiggins of the 32nd:
A Bill to amend Code Section 67-108, relating to registry of mortgages and security deeds on property of railroads and public utilities, so as to include corporations or entities engaging in the furnishing of telephone service within the provisions of said code section; and for other pur poses.
HB 1512. By Messrs. Threadgill and Wiggins of the 32nd:
A Bill to amend the "Uniform Commercial Code-Secured Transactions", so as to exempt from the filing provisions security interest in property of corporations and other entities engaged in the furnishing of tele phone service; and for other purposes.
HB 1513. By Mr. Carnes of the 129th:
A Bill to re-establish a Local Education Commission in Atlanta and Fulton County to continue the study of the desirability of combing the school systems; and for other purposes.
HB 1526. By Mr. Pafford of the 97th:
A Bill to amend an Act establishing a Board of Commissioners of Roads arid Revenues for Echols County; so as to change the terms of office of the members of the Board; and for other purposes.
HB 1528. By Mr. Pafford of the 97th:
A Bill to provide for the election of the members of the Board of Educa tion of Echois County; and for other purposes.
HB 1529. By Mr. Pafford of the 97th:
A Bill to amend an Act creating the County Court of Echols County, so as to change the term of office of the Judge; and for other purposes.
HB 1533. By Mr. Collins of the 62nd: A Bill to amend an Act providing for grants to certain incorporated municipalities of this state to be used for any public purposes, so as to provide for minimum grants; and for other purposes.
HB 1541. By Messrs. Scarlett and Harris of the 85th: A Bill to amend the Charter of the City of Brunswick, so as to provide a successful primary candidate shall not be required to file a nominating petition; and for other purposes.
3416
JOUKNAL OF THE HOUSE,
HB 1547. By Messrs. Colwell of the 5th, Moore of the 12th, Steis of the 100th and Wells of the 30th:
A Bill to provide that the governing authorities of the various counties shall have the authority to employ personnel to assist the various county officers; and for other purposes.
HB 1549. By Mr. Conner of the 91st:
A Bill to amend Code Section 56-1310(2) relating to the power of mun icipal corporations to impose and collect a tax on gross direct premiums of life insurance companies, so as to provide that such tax shall be based solely upon such gross direct premiums as are received during the pre ceding calendar year from certain policies; and for other purposes.
HB 1575. By Messrs. Longino of the 122nd, Gates of the 123rd, Turner of the 123rd and others:
A Bill to amend an Act establishing a new charter for the City of College Park, so as to change the residence qualifications for councilmen; and for other purposes.
HB 1580. By Messrs. Harris and Scarlett of the 85th:
A Bill to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to employ additional deputies; and for other purposes.
HB 1581. By Messrs. Scarlett and Harris of the 85th:
A Bill to amend an Act creating the City Court of Brunswick, so as to authorize the sheriff to employ additional deputies; and for other purposes.
HB 1586. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to amend Code Chapter 88-13, relating to radiation control, so as to authorize the Department of Public Health to purchase, lease, accept or acquire a suitable site or sites for the concentration and storage of radioactive wastes; and for other purposes.
HB 1593. By Mr. DeLong of the 105th:
A Bill to amend an Act which comprehensively revised the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for an oath of office for wardens, guards and other custodial officers; and for other purposes.
FRIDAY, MARCH 8, 1968
3417
HB 1598. By Mr. Mason of the 22nd:
A Bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officer thereof, so as to supplement the salary of the Judge of the Superior Court of the Gwinnett Judicial Circuit; and for other purposes.
HB 1600. By Mr. Clarke of the 45th:
A Bill to provide for the election of members of the board of education of Butts County; and for other purposes.
HB 1603. By Mr. Poss of the 17th:
A Bill to amend an Act abolishing the present mode of compensating the clerk of the superior court, the ordinary, the tax commissioner and the coroner of Madison County; and for other purposes.
HB 1604. By Mr. Poss of the 17th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Madison County, so as to provide for the compensation of the clerk of the Board of Commissioners; and for other purposes.
HB 1605. By Mr. Poss of the 17th:
A Bill to amend an Act abolishing the present mode of compensating the Sheriff of Madison County, so as to change the additional funds such officer shall receive to compensate deputies; and for other purposes.
HB 1608. By Messrs. Carnes of the 129th, Lambros of the 130th, McClatchey of the 138th, Townsend of the 140th and others:
A Bill to provide tenure for teachers and other professional personnel of the public school systems of each city of this State having a population of more than 300,000; and for other purposes.
HB 1610. By Messrs. McDaniell of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A Bill to amend an Act incorporating Chattahoochee Plantation, so as to change the corporate limits of said municipality; and for other purposes.
HB 1611. By Mr. Harris of the 85th:
A Bill to create the Brunswick-Glynn County Charter Commission; and for other purposes.
3418
JOURNAL OP THE HOUSE,
HB 1620. By Messrs. Walling and Farrar of the 118th and Jenkins of the 119th:
A Bill to amend an Act amending, revising, susperseding and consolidat ing the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners of Roads and commis sioner districts and to redefine the duties and powers of the Chairman and the Executive Assistant; and for other purposes.
HB 1627. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style, so as to provide for a referendum for annexation of property to be held within six months after passage of this Act; and for other purposes.
HB 1630. By Messrs. Gates, Turner and Cook of the 123rd:
A Bill to amend an Act establishing a new charter for the City of Roswell, so as to change the terms of office of the mayor and council; and for other purposes.
HB 1632. By Messrs. Harris, Farrar, Walling of the 118th:
A Bill to amend an Act creating and establishing a Recorder's Court for DeKalb County, so as to provide that the Clerk of the Recorder's Court may take affidavits for the issuance of warrants and issue war rants thereon; and for other purposes.
HB 1642. By Mr. Barber of the 24th:
A Bill to amend an Act establishing the City Court of Jefferson in Jack son County, so as to change the salary of the judge and solicitor of said court; and for other purposes.
HB 1646. By Mr. Scarlett of tee 85th:
A Bill to amend the charter of the City of Brunswick in the County of Glynn, so as to define the corporate limits of said City; and for other purposes.
HB 1650. By Mr. Hadaway of the 46th:
A Bill to amend Code Section 23-1109, relating to fees of county sur veyors, so as to make the provisions pertaining to counties with popula tions of 17,000 or over apply to counties with less than 17,000 population; to strike the fee schedule for county surveyors of counties with less than 17,000 population; and for other purposes.
FRIDAY, MARCH 8, 1968
3419
HB 1651. By Mr. Steis of the 100th:
A Bill to amend an Act incorporating the Town of Waverly Hall in Harris County, so as to change the term of office of the Mayor and Council; to change the punishment of offenders against the ordinances of said Town; and for the purposes.
HB 1652. By Mr. Gunter of the llth:
A Bill to amend an Act creating and establishing the City Court of Habersham County, so as to provide that in all matters pertaining to service, pleadings, practice, notice and appeal the laws governing. The Superior Courts shall govern the City Court of Habersham County; and for other purposes.
HB 1653. By Mr. Jones of the 76th:
A Bill to amend an Act repealing an Act incorporating the Town of Mid way and creating a charter for the City of Midway in the County of Liberty, so as to change the compensation of the mayor and council; and for other purposes.
HB 1654. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A Bill to amend an Act placing the sheriff, the clerk of the superior Court, and the ordinary of Dougherty County upon an annual salary, so as to change the compensation of the ordinary of Dougherty County; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:
HR 50-134. By Mr. Land of the 53rd:
A Resolution compensating William Harvey Arnold; and for other pur poses.
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.
HR 108-252. By Mr. Cook of the 123rd:
A Resolution compensating Mrs. Vonceille T. White; and for other pur poses.
3420
JOURNAL OP THE HOUSE,
HR 183-555. By Mrs. Merritt of the 68th:
A Resolution compensating Mr. Lee Wisham, doing business as Wisham's Garage; and for other purposes.
HR 194-604. By Mr. Smith of the 54th:
A Resolution to compensate Mr. J. B. Covington; and for other pur poses.
HR 379-853. By Messrs. Games of the 129th, Lane of the 126th, Dodson of the 107th, Cooper of the 16th and Fallin of the 94th:
A Resolution creating the Juvenile Court Law Study Commission; and for other purposes.
HR 380-855. By Mr. Gaynor of the 114th:
A Resolution compensating Mr. Joseph E. Hinely, Jr.; and for other purposes.
HR 384-880. By Mr. Chandler of the 47th: A Resolution compensating Mr. Alton Brown; and for other purposes.
HR 385-880. By Mr. Colwell of the 5th: A Resolution compensating Clyde Ravan, doing business as Community Grocery; and for other purposes.
HR 399-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st: A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may create Development Authorities or au thorize any county or municipal corporation or combinations thereof to create Development Authorities to issue revenue obligations for the purpose of developing industry, trade and employment opportunities; and for other purposes.
HR 402-912. By Mr. Hall of the 67th: A Resolution compensating Mr. Eugene G. Moncus; and for other pur poses.
HR 403-912. By Mr. Douglas of the 60th: A Resolution compensating Mr. James C. Lord; and for other purposes.
FRIDAY, MARCH 8, 1968
3421
HR 404-912. By Mr. Douglas of the 60th:
A Resolution compensating Mr. Miles A. Jones, Jr.; and for other pur poses.
HR 427-941. By Messrs. Rowland and Joiner of the 48th:
A Resolution compensating Mrs. Daphne Whitaker; and for other pur poses.
HR 428-941. By Messrs. Rowland and Joiner of the 48th:
A Resolution compensating Mrs. Geneva J. Harrison; and for other purposes.
HR 429-944. By Mr. Lambros of the 130th:
A Resolution to compensate William Frank Horton; and for other pur poses.
HR 530-1156. By Messrs. Tye and Whaley of the 115th, Richardson, Funk and Battle of the 116th, Smith and Gaynor of the 114th, and Gignilliat and Berry of the 113th:
A Resolution creating the Forward Georgia Commission; and for other purposes.
HR 435-952. By Mr. Branch of the 74th: A Resolution to compensate Wendell Walker; and for other purposes.
HR 436-952. By Messrs. Ware of the 42nd, Wood of the 16th, Steis of the 100th, Dean of the 20th, Berry of the 110th, Dollar of the 89th, Russell of the 92nd and others:
A Resolution proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffering from loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair; and for other purposes.
HR 448-973. By Mr. Collins of the 62nd:
A Resolution to compensate Mrs. Hershel V. Pope; and for other pur poses.
HR 521-1103. By Messrs. Bostick of the 93rd, Poss of the 17th and Cheeks of the 104th:
A Resolution proposing an amendment to the Constitution so as to in crease the amount of loans and scholarships for medical students and to
3422
JOURNAL OP THE HOUSE,
change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the Secretary of said Board; and for other purposes.
HR 410-917. By Mr. Wamble of the 90th: A Resolution compensating Mr. E. C. White; and for other purposes.
HR 414-923. By Mr. Dillon of the 128th:
A Resolution creating a committee to study the feasibility of establish ing a State Department of Urban and Municipal Affairs; and for other purposes.
HR 423-932. By Mr. Lee of the 35th:
A Resolution compensating Mr. Jack Lee Arnold; and for other pur poses.
HR 424-941. By Mr. Floyd of the 7th: A Resolution compensating Mr. Robert A. Housch; and for other pur poses.
HR 452-999. By Mr. Russell of the 92nd: A Resolution compensating the Boston Seed Company; and for other purposes.
HR 454-1013. By Mr. Harris of the 14th: A Resolution to compensate W. B. Hamby; and for other purposes.
HR 456-1013. By Mr. Winkles of the 120th: A Resolution to compensate Phoenix Air Conditioning, Inc.; and for other purposes.
HR 457-1013. By Mr. Fallin of the 94th: A Resolution to compensate Mr. Wallace Thomas; and for other pur poses.
HR 478-1029. By Mr. Poss of the 17th: A Resolution to compensate Mr. Clyde N. Pitzpatrick; and for other pur poses.
FRIDAY, MARCH 8, 1968
3423
HR 480-1037. By Mr. Parker of the 68th:
A Resolution compensating Mrs. Eura Mae Pope; and for other pur poses.
HR 482-1037. By Mr. Parker of the 68th: A Resolution compensating Mr. A. H. Grant; and for other purposes.
HR 483-1037. By Mr. Parker of the 68th: A Resolution compensating Mrs. J. E. Ferguson; and for other purposes.
HR 499-1089. By Mr. Knapp of the 109th:
A Resolution compensating Claude H. Renfroe, Jr.; and for other pur poses.
HR 500-1089. By Mr. Knapp of the 109th:
A Resolution compensating R & R Sales Company; and for other pur poses.
HR 526-1114. By Mr. Leggett of the 21st: A Resolution to compensate Paul C. Barton; and for other purposes.
HR 528-1156. By Mr. Dixon of the 83rd: A Resolution compensating Mr. L. D. Darden; and for other purposes.
HR 532-1156. By Mr. Otwell of the 10th:
A Resolution compensating Mrs. Ruby Odell Holbrook and her husband, Mr. Robert Andrew Holbrook; and for other purposes.
HR 534-1179. By Mr. Colwell of the 5th:
A Resolution to compensate Mr. Carroll J. Mincey; and for other pur poses.
HR 533-1156. By Mr. Howard of the 101st:
A Resolution compensating the heirs at law of the late Mr. William Couch; and for other purposes.
3424
JOURNAL OF THE HOUSE,
HR 542-1183. By Messrs. Harrington and Chandler of the 47th:
A Resolution compensating Miss Margaret Echols; and for other pur poses.
HR 549-1200. By Mr. Roach of the 15th: A Resolution to compensate Mr. Glawer Pitts; and for other purposes.
HR 550-1206. By Mr. Magoon of the 19th: A Resolution to compensate Mr. Burch Griffin; and for other purposes.
HR 595-1243. By Mr. Henderson of the 102nd: A Resolution compensating Billy W. Parks; and for other purposes.
HR 604-1288. By Mr. Lambert of the 38th: A Resolution compensating H. K. Moody; and for other purposes.
HR 605-1295. By Mr. Anderson of the 71st: A Resolution compensating Laurie M. Jones; and for other purposes.
HR 609-1296. By Messrs. McCracken of the 49th; Wiggins of the 32nd and Lam bert of the 38th: A Resolution proposing an amendment to the Constitution so as to provide that the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agri culture, and Commissioner of Labor shall be elected in the same manner as the Governor; and for other purposes.
HR 610-1297. By Mr. Jones of the 76th: A Resolution compensating Mrs. Francis B. Riggins; and for other pur poses.
HR 615-1320. By Mr. Jordan of the 82nd: A Resolution to compensate Mrs. Louie Mae Green; and for other purposes.
HR 661-1420. By Mr. Lee of the 79th: A Resolution creating the "Georgia Study Commission on Law Enforce ment Office Standards and Education" to provide for membership; and for other purposes.
FRIDAY, MARCH 8, 1968
3425
HR 662-1427. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Henry County to levy a tax not to exceed 2 mills per dollar on all taxable property located therein to retire bonded indebtedness and to otherwise support and maintain the operations of the Henry County Water Authority; and for other pur poses.
HR 663-1427. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to change the form of government of Henry County; to provide for a county manager; and for other purposes.
HR 681-1473. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution, so as to authorize Henry County to incur an additional indebtedness for water and sewerage purposes; and for other purposes.
HR 685-1477. By Mr. Hargrett of the 77th: A Resolution compensating Robert M. Fales; and for other purposes.
HR 686-1477. By Messrs. Fleming and Maxwell of the 106th, Sherman and Delong of the 105th, and Dent and Cheeks of the 104th: A Resolution proposing an amendment to the Constitution, so as to pro vide that the General Assembly shall have the power, by local act, to create, designate, vest powers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, and governing authorities within Richmond County; and for other purposes.
HR 710-1479. By Mr. Ballard of the 37th: A Resolution compensating Irene Thompson; and for other purposes.
HR 712-1486. By Mr. Farmer of the 29th: A Resolution compensating Miss Marie Yvette Contine; and for other purposes.
HR 713-1512. By Mr. Cook of the 123rd: A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of the City of Atlanta to establish an historic zone within a designated area of the city; and for other purposes.
3426
JOURNAL OF THE HOUSE,
HR 725-1550. By Messrs. Smith of the 54th, Busbee of the 79th, Hale of the 1st, Lambert of the 38th and Jones of the 76th:
A Resolution proposing an amendment to the Constitution so as to pro vide for an independent General Assembly by electing the members thereof for 4 years terms at a different General Election from the one at which the Governor is elected; and for other purposes.
HR 728-1570. By Mr. Clarke of the 45th:
A Resolution amending a resolution authorizing the disposal of that tract of land which is presently located at the Governor's Mansion in Ansley Park, Atlanta, Georgia, so as to name the grantee; to specify the sale price; and for other purposes.
HR 732-1597. By Messrs. Vaughan of the 14th and Harris of the 14th:
A Resolution proposing- an amendment to the Constitution so as to change the provisions relating to the powers of county government; and for other purposes.
HR 734-1600. By Mr. Moore of the 12th:
A Resolution proposing an amendment to the Constitution so as to create the Stephens County Development Authority; and for other pur poses.
HR 735-1608. By Mr. Moate of the 39th:
A Resolution proposing an amendment to the Constitution so as to create the Putnam County Development Authority; and for other purposes.
HR 740-1616. By Messrs. Vaughn and Malone of the 117th:
A Resolution proposing an amendment to the Constitution to provide that notwithstanding the Seven per cent debt limitation provided in Article VII, Para. 1, the debt incurred by the Rockdale County Board of Education for the Rockdale County School District may exceed Seven per cent of the assessed value of all the taxable property in said school district; and for other purposes.
HR 781-1631. By Messrs. Williams of the 16th, Crowe of the 1st, Knapp of the 109th, Gary of the 35th and others:
A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
HR 782-1631. By Mr. Dixon of the 83rd:
A Resolution proposing an amendment to the Constitution so as to pro vide that the powers, duties and responsibilities of the sheriff of Ware
FRIDAY, MARCH 8, 1968
3427
County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision thereof, shall be exercised by a county police force which shall be established by the governing authority of Ware County; and for other purposes.
HR 785-1636. By Mr. Nash of the 22nd:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the creation of a Merit System of employment for any or all present and other than elected officials; and for other purposes.
HR 786-1643. By Messrs. Lovell of the 6th, Magoon of the 19th, Higginbotham of the 119th, Rainey of the 69th, Dorminy of the 72nd, Mixon of the 81st, Parker of the 68th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to reimburse certain employees of the State Game and Fish Commission; and for other purposes.
HR 791. By Mr. McClatchey of the 138th:
A Resolution making April, 1968, as Cancer Control Month; and for other purposes.
HR 806-1653. By Messrs. Mason and Nash of the 22nd:
A Resolution proposing a constitutional amendment so as to change the provisions relating to the filling of vacancies on the Board of Education of Gwinnett County; and for other purposes.
The Senate has adopted the following resolution of the House, to-wit:
HR 873. By Messrs. Bray of the 43rd, Smith of the 54th and Steis of the 100th:
A Resolution expressing regret at the passing of George Clarence Thompson; and for other purposes.
The Senate has agreed to the House amendments to the following Bills and Resolution of the Senate, to-wit:
SB 17. By Senators Johnson of the 42nd and Smalley of the 28th:
A Bill to provide for a system of officially designated Georgia Gov ernment Documents in order to obtain maximum efficiency in the dis-
3428
JOURNAL OF THE HOUSE,
tribution and preservation of government documents; to constitute an Advisory Council to the Legislative Services Committee to establish maintain, and oversee such system; and for other purposes.
SB 201. By Senators Smith of the 18th, Broun of the 46th and Johnson of the 42nd:
A Bill to provide who may appear and practice before the State Board of Pardons and Paroles for a fee, money or other remuneration; to pro vide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes.
SB 225. By Senators Coggin of the 35th and Rowan of the 8th:
A Bill to provide that any person who keeps, maintains, employs or carries on a game for the hazarding of money or other thing of value; or permits the playing for money or other thing of value of a game or device for the hazarding of money or other thing of value; or keeps or employs a device or equipment for the purpose of carrying on or operat ing a game or device for the hazarding of money or other thing of value; to repeal conflicting laws; and for other purposes.
SB 230. By Senator Smalley of the 28th:
A Bill to create the "Georgia Business Corporation Act"; to comprehen sively revise and supersede the present laws relating to business corpor ations; to provide for a title and definitions; and to establish provisions prescribing the application of this Act; to repeal conflicting laws; and for other purposes.
SB 237. By Senator Johnson of the 42nd:
A Bill to amend "An Act to prohibit the State of Georgia or any depart ment thereof or any political subdivision thereof from employing in any agency of the State of Georgia or any of its departments or political subdivisions any alien except where there is no qualified American citizen available", so as to authorize the employment of alien students enrolled in a college or university in this State or in a program of student ex change sponsored or participated in by a college or university in this State; to repeal conflicting laws; and for other purposes.
SB 248. By Senator Johnson of the 38th:
A Bill to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing authorities in certain municipal ities; to change the terms of office and qualifications of the commission ers of housing authorities in certain municipalities; and for other pur poses.
FRIDAY, MARCH 8, 1968
3429
SB 252. By Senator Smalley of the 28th:
A Bill to amend an Act providing a Sheriffs' Retirement Fund of Geor gia, so as to clarify the membership of administrative Board of said Fund; and for other purposes.
SB 332. By Senator Webb of the llth:
A Bill to amend Code Section 31-110, so as to provide that a widow shall be barred from dower if she fails to apply for dower within twelve (12) months of the death of her husband; and for other purposes.
SB 353. By Senators Johnson of the 42nd, Minish of the 48th, Steis of the 37th and others:
A Bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, particularly by an Act approved March 4, 1966, so as to clarify what costs may be capitalized as costs of a rapid transit system or project; to repeal conflicting laws; and for other purposes.
SB 360. By Senator Smalley of the 28th:
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 Commission ers choose grand and traverse jurors, so as to change the method of selecting grand jurors; to repeal conflicting laws; and for other purposes.
SB 372. By Senator London of the 50th:
A Bill to abolish the present method of compensating the tax collector of Fannin County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments with the exception of fees for the sale of motor vehicle license plates for such officer shall become the property of the county; and for other purposes.
SB 408. By Senator London of the 50th:
A Bill to create the North Georgia Mountains Commission as a commis sion and agency of the State Government; to provide for a short title; to define certain terms connected therewith; to repeal conflicting laws; and for other purposes.
SB 409. By Senator London of the 50th:
A Bill to create the North Georgia Mountains Authority as an instru mentality to the State; to define certain terms connected wherewith: to provide for its organization, the appointment and terms of office of its members; to repeal conflicting laws; and for other purposes.
3430
JOURNAL OF THE HOUSE,
SB 410. By Senators Shea of the 3rd, and Gardner of the 1st:
A Bill to amend an Act entitled "An Act to create and organize Commis sioners of Chatham County, who shall be ex officio Judges; to provide for commissioner districts; and for other purposes.
SR 63. By Senators Johnson of the 38th and Andrews of the 49th:
A Resolution to change the name and designation of the office of solici tor-general to district attorney.
The Senate has agreed to the House substitutes to the following bills and Resolutions of the Senate, to-wit:
SB 30. By Senator Smalley of the 28th:
A Bill entitled an Act to create the Trial Judges and Solicitors Retire ment Fund; to provide that said Fund shall be administered by the Board of Trustees of the Employees' Retirement System; and for other pur poses.
SB 31. By Senator Smalley of the 28th:
A Bill entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945, as amended so as to provide the procedure for granting credit for service in the armed forces; to provide for the procedures connected with the foregoing; and for other purposes.
SB 250. By Senator Smalley of the 28th:
A Bill to amend Code Section 24-2823, so as to change fees provided for in civil and criminal cases; and for other purposes.
SB 251. By Senator Smalley of the 28th:
A Bill to provide the procedure to be followed in the event the Governor orders an investigation of presentments or changes against a sheriff; to provide for a committee to conduct such investigation; to provide for the composition of any such committee; and for other purposes.
SB 393. By Senator Johnson of the 42nd:
A Bill to amend an Act providing for personal jurisdiction over any non-resident, or his executor or administrator, as to a cause of action arising from the transaction of business within this state, or the com mission of a tortious act within this state, or owning, using or posses-
FRIDAY, MARCH 8, 1968
3431
sing real property situated within this state, so as to define certain terms; and for other purposes.
SR 149. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution, so as to authorize the submission of a proposal by the General Assembly for a new Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 183. By Senators Hall of the 52nd and Plunkett of the 30th:
A Resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to empower the Board of Regents of the University System of Georgia to provide grants or scholarships to students attending colleges or universities which are not branches of the University System of Georgia; and for other purposes.
SR 227. By Senators Hall of the 52nd, Broun of the 46th, Young of the 13th and others.
A Resolution providing for the Teacher Hall of Fame; and for other purposes.
The Senate recedes from its substitute to the following Bill of the House, to-wit:
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 in certain counties; and for other purposes.
The Senate recedes from its floor amendment to the following bill of the House, to-wit:
HB 671. By Messrs. Palmer and Vaughn of the 117th, and others:
A Bill to amend an Act establishing a retirement system for teachers in the State public schools, so as to change the provisions relating to creditable service; and for other purposes.
The Senate recedes from its amendment to the following Bill of the House, to-wit:
3432
JOURNAL OP THE HOUSE,
HB 1044. By Mr. Harris of the 85th:
A Bill to amend an Act comprehensively revising appellate and other post-trial procedure, so as to redefine what judgments shall be subject to review; and for other purposes.
The Senate agrees to the House amendments to the Senate amendments to the following Bills of the House, to-wit:
HB 952. By Mr. Moore of the 20th:
A Bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensation" shall include compensation paid to a member by a member institution of the Univer sity System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.
HB 1230. By Mr. Harris of the 85th:
A Bill to amend an Act comprehensively modernizing pretrial, trial and certain post trial procedures in civil cases, so as to provide for service by publication when so ordered by the court; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bills of the House, to-wit:
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 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.
HB 742. By Messrs. Murphy of the 26th, Caldwell of the 51st and others:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps and prisoners; and for other purposes.
HB 743. By Messrs. Murphy of the 26th, Caldwell of the 51st and others:
A Bill to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the administration to compensate certain inmates employed in prison industries; and for other purposes.
FRIDAY, MARCH 8, 1968
3433
HB 862. By Messrs. Parker of the 55th, Lewis and Newton of the 50th, Wiggins and Threadgill of the 32nd and others:
A Bill to amend an Act providing for grants to certain municipalities so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
HB 933. By Messrs. Murphy of the 36th and McClatchey of the 138th:
A Bill to amend Code Section 100-108, so as to provide that industrial revenue bonds or bonds of development authorities duly validated and not in default may be given by state depositories under certain condi tions; and for other purposes.
HB 1198. By Messrs. Barber of the 24th, Smith of the 54th, Paris of the 23rd, Lee of the 35th, McCracken of the 49th, and others:
A Bill to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable require ments relating to skill, effort and responsibility, so as to define "Com missioner", 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 and others:
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.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, as amended, the following Resolution of the House, to-wit:
HR 905. By Messrs. Smith of the 54th and Busbee of the 79th: A Resolution relative to adjournment; and for other purposes.
The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto:
3434
JOURNAL OF THE HOUSE,
HR 905. By Messrs. Smith of the 54th and Busbee of the 79th: A Resolution relative to adjournment; and for other purposes.
The following Senate amendment was read:
Senator Webb of the llth moves to amend HR 905 by striking "8:45" and inserting in lieu thereof "11:10".
Mr. Busbee of the 79th moved that the House agree to the Senate amendment. The motion prevailed, and the Senate amendment to HR 905 was agreed to.
Under the provisions of HR 905, as amended, the Speaker announced the House adjourned sine die.
The following communications were received from Honorable J. Robin Harris, Chairman, House Committee on Judiciary:
February 26, 1968
Mr. Speaker:
Your Committee on Judiciary spent a considerable number of hours in research during its consideration of the impeachment resolutions. The particular matter arose in a different manner than did those which were precedents in Georgia or in other States in that those were prod ucts of Special House Committees which performed the investigatory work and introduced in their respective Houses pre-drafted Articles of Impeachment based upon the results of the investigation. Since there were no precedents which your Committee could use that were directly in point, it became necessary for your Committee to formulate rules of procedure based upon its research. In a conscientious effort to be of assistance to future General Assemblies that might he faced with similar situations, your Committee requests that the Rules of the House be suspended to allow the inclusion in the House Journal of the fol lowing items:
1. The rules of procedure adopted by the Committee in its con sideration of the Resolutions.
2. The letter from the Legislative Counsel expressing his opinion as to the nature of the conduct which would substantiate im peachment proceedings.
3. The Substitute Resolution for HR 383-867 voted out by the Com mittee together with the proposed Articles of Impeachment there to attached.
INTERIM COMMITTEE REPORTS
3435
4. The Committee Report favorably recommending the passage of the above Substitute Resolution and recommending certain rules of procedure.
5. The statement of the Speaker announcing the method of pro cedure to be utilized in the House during its consideration of the Resolution.
6. The Substitute Resolution for HR 382-867 voted out by the Committee.
Respectfully submitted, For the Committee J. Robin Harris Chairman
Pursuant to the motion of the Gentleman from Irwin, Mr. Mixon, the Subcommittee appointed by the Chairman to promulgate a course of action for the Judiciary Committee in connection with the Impeach ment Resolutions has met and makes the following recommendations:
1. That the Committee establish Monday, January 22, 1968 at 10:00 o'clock a.m. as the date and time to consider HR 382-867 and HR 383-867.
2. That the meeting be held in the hall of the House of Rep resentatives and be open.
3. That the Committee will determine only whether or not probable cause exists with respect to the charges made against each of the parties named in the Resolutions, guided by the same rules and principles as Grand Juries in finding indictments.
4. That the Attorney General's office be requested to appear before the Committee with the sworn affidavits and sworn testi mony supporting his report and that these be accepted as evidence without requiring the appearance of witnesses.
5. That the parties named in the Resolutions be invited to appear and offer any statements they might desire with respect to the matter.
6. That the Committee request of the Speaker permission to have a Court Reporter to transcribe the proceedings.
Respectfully submitted,
Snow of the 1st Harris of the 85th Egan of the 141st Harris of the 118th
3436
JOURNAL OP THE HOUSE,
Honorable Elliott H. Levitas Representative, 118th District State Capitol Atlanta, Georgia 30334 Dear Elliott:
January 11, 1968
This will acknowledge receipt of your letter of January 8, 1968 in which you request my opinion as to whether, in order to impeach a member of the State Board of Pardons and Paroles, it is necessary that such official be charged with a criminal act.
Grounds for impeachment are not prescribed by the Georgia Con stitution or by statute. With relation to the House of Representatives, the only pertinent provision is contained in Article III, Section VI, Paragraph III (Ann. Code 2-1803) which provides: "The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office." The fact that impeachable offenses are not specifically provided for is immaterial as far as impeachment proceedings are concerned. (See 67 C.J.S. 68b.)
Since impeachment and, in fact, impeachment proceedings are not common occurrences, there is not the abundance of law on this subject that we find in other areas. I am of the opinion, however, that the fol lowing quote from 67 C.J.S. 68b. is an accurate statement of the law as relates to your request.
"The grant of the general power of impeachment properly and sufficiently indicates the causes for its exercise. Under the com mon law the wrongs justifying impeachment need not be statutory offenses, or even offenses against any positive laws, although gen erally speaking they are designated as high crimes and misde meanors. The causes contemplated by a constitutional provision authorizing impeachment of an officer by the legislature should be neither trivial nor capricious, and must be restricted to some thing of a substantial nature directly affecting the rights and interests of the public, and they must be causes attaching to the qualifications of the officer; or his performance of his duties, show ing that he is not a fit or proper person to hold the office." (Also see Ferguson vs. Maddox [Tex.] 263 S.W. 888, Moulton vs. Scully, [Me.] 89 A. 944.)
In answer to your specific question, it is my opinion that, in order for a member of the State Board of Pardons and Paroles to be im peached, it is not necessary that such official be charged with a criminal act.
FHE:dm
Sincerely yours, Frank H. Edwards Legislative Counsel
INTERIM COMMITTEE REPORTS
3437
MR. SPEAKER:
Your Committee on Judiciary has had under consideration HR 383-867 and, after hearings and deliberations, finds that probable cause exists for the House to consider favorably the adoption of the Articles of Impeachment which have been prepared as a part of the attached Committee Substitute for the above Resolution, relating to J. W. Claxton, and recommends that HR 383-867 do pass by Committee Substitute.
The Committee further recommends that in its consideration of the matter, the House proceed in the following manner:
(1) Recognize and accept the premise that it is the responsi bility of the House to consider only whether or not probable cause exists for believing that J. W. Claxton has engaged in conduct which, if proven to be true at a trial in the Senate, would authorize that body to declare that his actions and conduct render him unfit to continue in office.
(2) Recognize, further, that where the Rules of the House are silent as to the conduct of the proceedings that the House should be guided by the same principles as Grand Juries in finding indict ments, this being--essentially--the nature of the proceeding.
(3) Consider as evidence, for the purpose only of determining probable cause, the exhibits tendered to the Committee on January 22, 1968, which are now in the custody of this Committee.
The Committee further recommends that, in the event, Articles of Impeachment are voted by the House, a Board of Managers be elected by the House to prosecute in the Senate. In this connection the Com mittee would ask the Speaker to consider appointing a nominating com mittee to present the names of ten (10) members of the House who voted favorably on the adoption of the Articles of Impeachment, from which list the House would elect, by secret ballot, five (5) to serve as such Board. The Board of Managers should be empowered to hire counsel.
Respectfully submitted,
Harris of the 118th
Chairman
Committee Substitute for House Resolution 383-867:
A RESOLUTION
Voting Articles of Impeachment against J. W. Claxton, member of the State Board of Pardons and Paroles and transmitting said Articles to the Senate for trial and final disposition; and for other purposes.
3438
JOURNAL OF THE HOUSE,
WHEREAS, the House of Representatives, pursuant to the pro visions of Articles III, Section VI, Paragraph III of the Constitution, has had under consideration impeachment charges against J. W. Claxton, a member of the State Board of Pardons and Paroles; and
WHEREAS, after hearings and deliberations the House of Repre sentatives has found that there exists probable cause to believe that
said J. W. Claxton has been guilty of conduct as set forth in the speci fications and charges contained within the attached Articles of Im peachment.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the House does hereby vote the attached Articles of Impeachment against J. W. Claxton, member of the State Board of Pardons and Paroles.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit this Resolution and the attached Articles of Impeachment against J. W. Claxton to the Senate for trial and final disposition.
ARTICLES OF IMPEACHMENT
Presented and exhibited by the House of Representatives of the State of Georgia in the name of the members thereof and in the name of all the people of Georgia against J. W. Claxton, member of the State Board of Pardons and Paroles, in maintenance and support of their impeachment charges against him. The impeach ment charges contained in the Articles of Impeachment provided for hereinafter having been voted by the House of Representatives, and said House does now present them to the Senate of the State of Georgia, for trial and final disposition.
ARTICLE I.
That J. W. CLAXTON is a duly appointed, qualified and acting member of the State Board of Pardons and Paroles, a constitutional board. He had all the powers and duties of said office devolve upon him on February 14, 1962; and on said date, he took the oath of office as said member; and, he, said J. W. CLAXTON, is now a duly appointed, qualified and acting member of the State Board of Pardons and Paroles; and he has been serving in said office and served with all the powers and duties thereof continuously since said date of February 14, 1962.
That said J. W. CLAXTON, while holding the office as a member of the State Board of Pardons and Paroles, unmindful of and in utter disregard of the high duties, obligations and standards of conduct of his office and his oath of office and requirements of the Constitution and laws of this State, heretofore wrongfully and corruptly did borrow and attempt to borrow sums of money from subordinate State employees subject to his direction, control and authority, by intimidation, both express and implied, in that:
INTERIM COMMITTEE EEPORTS
3439
SPECIFICATION 1. He did during or about January of 1967 cause one of his subordinate employees, to wit, Mrs. Jeanette Bennett, to contact another subordinate employee, to wit, Mr. Edward S. Kendrick, for the procuring of a loan in the amount of $3,600.00 through the Small Agencies Credit Union. Pursuant to the instruction and direction of said J. W. CLAXTON, said loan was arranged by the said Jeanette Bennett in the name of Edward S. Kendrick and was consum mated in January, 1967. After said Edward S. Kendrick had obtained said loan proceeds, they were turned over and paid to the said J. W. CLAXTON. Said transaction between said J. W. CLAXTON and said Edward S. Kendrick took place without the execution of any docu ments to record said indebtedness. Said J. W. CLAXTON had made periodic monthly payments to Edward S. Kendrick up until the fall of 1967, at which time said payments ceased and no payments on said indebtedness have been made in the last several months; thus subject ing Edward S. Kendrick to the full liability and obligation of repaying said loan.
SPECIFICATION 2. On or about September 6, 1967, at the direc tion of said J.W. CLAXTON, Mrs. Jeanette Bennett contacted W. J. Logan, a Senior Parole Officer employed by the State Board of Pardons and Paroles, working out of the Savannah District Office, said em ployee being under the control and subject to the authority of said J. W. CLAXTON, requesting that said W. J. Logan come to Atlanta on Friday, September 8, 1967, and to spend the preceding night in the home of said J. W. CLAXTON. Said W. J. Logan spent the evening and night of September 7, in the home of said J. W. CLAXTON, at which time said J. W. CLAXTON approached and requested of the said Logan that a loan be obtained from the Small Agencies Credit Union in the amount of $1,000, which loan J. W. CLAXTON said was already arranged. During said conversation on the evening of Septem ber 7, said J. W. CLAXTON made the statement "anybody that can't spare $50.00 a month ought to be looking for another job". Said J. W. CLAXTON arranged for W. J. Logan to meet the next morning with Mrs. Bennett and several other parole officers for the purpose of dis cussing and consummating said loan. Then on Friday, September 8, said W. J. Logan met at the office of the State Board of Pardons and Paroles in the presence of Mrs. Bennett, Gerald Willis, Albert Martin Gates, Jr., and Roy Alien Richards, at which time Mrs. Bennett ex plained the desire of J. W. CLAXTON to obtain loans from all of said individuals in the sum of $1,000.00 each. After discussing same, said W. J. Logan declined to make said loan.
SPECIFICATION 3. On or about September 7, 1967, at the direc tion of said J. W. CLAXTON, W. J. Logan was in contact with Albert Martin Gates, a Senior Parole Officer employed by the State Board of Pardons and Paroles, working out of the Macon District Office, said employee being under the control and subject to the authority of said J. W. CLAXTON, requesting that said Albert Martin Gates come to Atlanta that day, to wit, September 7, 1967, and to spend the night in the home of said J. W. CLAXTON. Said Albert Martin Gates spent the evening and night of September 7, 1967, in the home of said J. W. CLAXTON, at which time said J. W. CLAXTON approached and re quested of the said Albert Martin Gates that a loan be obtained from the Small Agencies Credit Union in the amount of $1,000.00, which loan
3440
JOURNAL OF THE HOUSE,
J. W. CLAXTON said was already arranged. During said conversation on the evening of September 7, 1967, said J. W. CLAXTON made a remark to the effect that anyone that cannot spare $50.00 per month out of their salary should be looking for another job. Said J. W. CLAX TON arranged for Albert Martin Gates to meet the next morning -with Mrs. Bennett and several other parole officers for the purpose of dis cussing and consummating said loan. Then on Friday, September 8, said Albert Martin Gates met at the office of the State Board of Pardons and Paroles in the presence of Mrs. Bennett, Gerald Willis, W. J. Logan, and Roy Alien Richards, at which time Mrs. Bennett explained the desire of J. W. CLAXTON to obtain loans from all of said individuals in the sum of $1,000.00 each. After discussing the same, the said Albert Gates declined to make said loan.
SPECIFICATION 4. Gerald Willis, Institutional Parole Officer at Reidsville State Prison, said employee being under the control and subject to the authority of said J. W. CLAXTON, at the request of J. W. CLAXTON met at the office of the State Board of Pardons and Paroles on September 8, 1967, with Mrs. Jeanette Bennett and W. J. Logan, Albert Martin Gates, and Roy Alien Richards. At that time Mrs. Jeanette Bennett explained to the said Gerald Willis and the other gentlemen that J. W. CLAXTON desired to obtain loans from each of said individuals in the sum of $1,000.00. After discussing the matter, the said Gerald Willis declined to make the loan.
SPECIFICATION 5. Roy Alien Richards, an employee of the State Board of Pardons and Paroles, said employee being under the control and subject to the authority of said J. W. CLAXTON, met on September 8, 1967, at the request of J. W. CLAXTON, with Mrs. Jeanette Bennett, W. J. Logan, Gerald Willis, and Albert Martin Gates, at the office of the State Board of Pardons and Paroles. At that time Mrs. Jeanette Bennett explained to the said Roy Alien Richards and the other gentlemen that J. W. CLAXTON desired to borrow the sum of $1,000.00 from each of them. After discussing the matter, the said Roy Alien Richards declined to make the loan.
SPECIFICATION 6. John E. Whetsell, a Parole Officer employed by the State Board of Pardons and Paroles and subject to the authority and control of J. W. CLAXTON, on or about February 23 or February 27, was contacted by said J. W. CLAXTON, at which time the said J. W. CLAXTON requested that John E. Whetsell lend the said J. W. CLAX TON a sum of money. The said John E. Whetsell made a loan to the said J. W. CLAXTON in the amount of $8,000.00 on or about the afore said dates, after having borrowed said $8,000.00 from the Spivey State Bank in Swainsboro, Georgia.
SPECIFICATION 7. After informing Paula S. Tisdale, Office Manager of the State Board of Pardons and Paroles, and an employee of said Board subject to the control and authority and direction of J. W. CLAXTON, in August or September, 1967, that he was in dire need of financial help, J. W. CLAXTON attempted to induce the said Paula S. Tisdale to endorse a note in the amount of $5,000.00 in connection with the loan the said J. W. CLAXTON was negotiating with the Small Agencies Credit Union. The said Paul S. Tisdale declined to become involved in the transaction.
INTERIM COMMITTEE REPORTS
3441
ARTICLE II.
That J. W. CLAXTON is a duly appointed, qualified and acting member of the State Board of Pardons and Paroles. He had all the power and duties of said office devolve upon him on February 14, 1962; and on said date, he took the oath of office as said member; and, he, said J. W. CLAXTON, is now a duly appointed, qualified and acting member of the State Board of Pardons and Paroles; and he has been serving in said office and served with all the powers and duties thereof continuously since said date of February 14, 1962.
That the said J. W. CLAXTON, while holding office as a member of the State Board of Pardons and Paroles, as aforesaid, unmindful of and in utter disregard of the high duties, obligations and standards of conduct of his office, of his oath of office, and of the requirements of the Constitution and the laws of this State, took actions and rendered decisions which were subject to improper influences and considerations, and which amounted to a gross abuse of discretion in connection with the release of certain prisoners and the failure to revoke certain paroles.
WHEREBY the said J W. CLAXTON, member of the State Board of Pardons and Paroles, as aforesaid, did commit and was guilty of committing gross abuses of discretion and acts of gross misconduct in office, as represented by the aforesaid Articles and specifications, ren dering the said J. W. CLAXTON unfit to hold public office.
The following statement was delivered to the House by the Honorable George L. Smith II, Speaker of the House of Representatives:
On Thursday, February 1, 1968, the House of Representatives will meet under very grave circumstances to discharge a duty to the people of the State of Georgia pursuant to provisions of our State Constitu tion. On that date, the members of this body will take up for considera tion a resolution, which was reported out of the Judiciary Committee by substitute, calling for the impeachment of Mr. J. W. Claxton, a mem ber of the State Board of Pardons and Paroles.
Due to the seriousness of this matter, I have felt it my duty as your Speaker to give it deliberate study in order that I might make recommendations relative to the procedure which should be followed by this House. I know that every member joins me in the desire that the consideration of this resolution be conducted in a responsible and states manlike manner. With these thoughts in mind, it is my judgment that the proceedings should be held under the following conditions:
1. Absolute order and perfect decorum must be maintained at all times.
2. All of the proceedings will be open to the public and to the news media, but no disturbance or undue noise will be permitted.
3442
JOURNAL OF THE HOUSE,
3. House Rule 23 relative to the privileges of the floor will be strictly enforced and all members of the House are respectfully re quested to wear their identification badges.
4. The rules of the House will be suspended in order to allow Mr. Claxton and his counsel to be present on the floor of the House in order that they may hear the entire presentation of the Judiciary Committee.
5. The committee substitute will be considered as any other reso lution and shall be presented to the House as follows:
(a) The Chairman of the Judiciary Committee and, in his dis cretion, such other members of the Committee as he shall designate, shall present to the House the evidence and documents forming the basis for the charges contained in the committee substitute.
(b) During the period of the presentation, any member of the House shall have the right to propose a question or questions to the person making such presentation.
(c) At the close of the presentation by the Judiciary Commit tee, Mr. Claxton shall have the right to make such statement to the House as he desires.
(d) At the close of Mr. Claxton's statement, members of the House shall have the right to debate said matter in the manner prescribed by the rules of the House.
I hope that you agree with these recommendations, and I know that with your help and cooperation we can discharge the duties imposed upon us with the dignity and respect which the people have the right to expect from their duly elected Representatives.
HR 382-867. By Mr. Townsend of the 140th: (COMMITTEE SUBSTITUTE)
A RESOLUTION
Calling upon Mrs. Rebecca L. Garrett, a member of the State Board of Pardons and Paroles, to retire; and for other purposes.
WHEREAS, a resolution calling for the impeachment of Mrs. Re becca L. Garrett, a member of the State Board of Pardons and Paroles, was introduced in the House of Representatives at this regular 1968 session of the General Assembly of Georgia; and
WHEREAS, said resolution was referred to the standing Judici ary Committee of said House, which committee has conducted a hearing concerning the charges contained in said resolution; and
WHEREAS, the committee has heard and received evidence from the Attorney General and members of his staff relative to a report
INTERIM COMMITTEE REPORTS
3443
issued by the Attorney General on December 13, 1967, entitled "Report of Investigation of the State Board of Pardons and Paroles" and has also heard from Mrs. Garrett; and
WHEREAS, the evidence did not disclose probable cause to believe that she was guilty of committing gross abuses of discretion and acts of gross misconduct in office sufficient to justify Articles of Impeach ment, but rather that her actions were the result of ill health and other circumstances and do amount to an abuse of discretion not befitting of this high public office; and
WHEREAS, it is the judgment of the House of Representatives that, in the circumstances, the confidence of the people of the State cannot be restored in the operations of the Pardons and Paroles Board so long as she remains a member of said Board.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby call upon the said Mrs. Rebecca L. Garrett, member of the State Board of Pardons and Paroles, to retire as a member of said Board for the welfare of the State and the benefit of the Pardons and Paroles Board.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Mrs. Garrett and to the Governor.
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 AUTOMOBILE AD VALOREM TAX STUDY COMMITTEE
(House Resolution No. 3) ********
THE COMMITTEE
Honorable Sidney Lowrey, Chairman Representative, 13th District Honorable James A. Otwell, Jr. Representative, 10th District Honorable Fred L. Winkles Representative, 120th District Honorable J. R. Smith Representative, 44th District Honorable Jim T. Bennett, Jr. Representative, 95th District
Honorable Joe Mack Wilson Representative, 102nd District Honorable Rooney L. Bowen Representative, 69th District Honorable Donald E. Cheeks Representative, 104th District Honorable Jack E. Threadgill Representative, 32nd District Honorable Richard S. Hutchinson Representative, 79th District
3444
JOURNAL OF THE HOUSE,
PRELUDE
This Committee was created pursuant to the authority of House Resolution No. 3. The Speaker of the House of Representatives appointed the following members to the Committee:
Honorable Sidney Lowrey, Chairman Representative, 13th District Honorable James A. Otwell, Jr. Representative, 10th District Honorable Fred L. Winkles Representative, 120th District Honorable J. R. Smith Representative, 44th District Honorable Jim T. Bennett, Jr. Representative, 95th District
Honorable Joe Mack Wilson
Representative, 102nd District Honorable Rooney L. Bowen Representative, 69th District Honorable Donald E. Cheeks Representative, 104th District Honorable Jack E. Threadgill Representative, 32nd District Honorable Richard S. Hutchinson Representative, 79th District
INTRODUCTION
At the 1966 Session of the Georgia General Assembly, pursuant to the authority of a constitutional amendment ratified in the General Election of 1964, a comprehensive tax statute was enacted which classified motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes. This method of taxing motor vehicles went into effect on January 1, 1967. As is the case for all taxing statutes which provide for a new or different method of taxation, there were numerous pieces of legislation introduced at the 1967 Ses sion of the General Assembly to modify the methods and means of taxing motor vehicles. In order to come to grips with this most important field, the Speaker of the House of Representatives created this Committee and charged it with the responsibility of making a comprehensive study into the entire area of the taxation of motor vehicles.
WORK OF THE COMMITTEE
The most serious complaints with the method of taxing motor vehicles came from those persons engaged in the business of selling motor vehicles. Invitations were extended to the Georgia Automobile Dealers Association and the Georgia Independent Automobile Dealers Association to appear before the Committee and express to the members thereof their recommendations concerning the shortcomings of the present method of taxing motor vehicles and receive their suggestions for improvement therein. The Committee also extended invitations to the Georgia Association of Assessing Officials, the Georgia Municipal Asso ciation, the Georgia Association of County Commissioners, the Georgia Motor Trucking Association, the Georgia Department of Revenue, and other persons interested in this area to meet with the Committee and advise them concerning their thoughts and recommendations concerning the taxation of motor vehicles.
With the exception of representatives of the associations set forth above representing motor vehicle dealers, the general consensus of all parties appear-
INTERIM COMMITTEE REPORTS
3445
ing before the Committee was that the present laws pertaining to the taxation of motor vehicles are effective. They are generally well pleased with the first year of their operation, and they have no recommendations or suggestions for changes in the ad valorem taxation of motor vehicles.
During the early periods of the Committee's study, it was urged upon the Committee to investigate alternative methods of taxing motor vehicles. Two prime examples of other means of taxing motor vehicles are found in our sister states of Alabama and Florida.
Florida does not tax motor vehicles according to value. They employ a single excise tax which is collected at the time of the purchase of a license registration plate for the motor vehicle. This is the only tax levied on motor vehicles in the State of Florida. This legislation in the State of Florida was adopted pursuant to a specific constitutional amendment authorizing the taxation of motor vehicles in this manner. In order for Georgia to adopt a similar method of taxation, it would be necessary to amend our Constitution in a similar fashion since our present Constitution would not permit this type of taxation.
Alabama employs a method of ad valorem taxation for motor vehicles similar to the State of Georgia with certain significant differences. Rather than taxing motor vehicles according to the calendar year, Alabama employs a tax year for motor vehicles running from October 1st of one year to September 30th of the following year. Alabama requires that prior to purchasing a license plate for motor vehicles, an owner must present satisfactory proof that the previous year's ad valorem taxes have been paid and collected on the motor vehicle. There are also provisions present which proportionately reduced the taxes on motor vehicles depending upon which quarter the motor vehicle becomes subject to ad valorem taxation in Alabama.
In order to gain firsthand information concerning these types of motor vehicle taxation, the Committee spent a day at both Tallahassee, Florida and Montgomery, Alabama with the taxing officials of these states. Both states re port that each of the respective methods of taxation is generally accepted by the public. It is interesting to note that in the State of Alabama, approximately three years ago, ad valorem taxation of motor vehicles in the hands of automobile dealers was eliminated with no serious opposition being encountered either in the Alabama legislature or from the citizens of the State of Alabama.
FINDINGS
After examining several alternative methods of taxation for motor vehicles and receiving the benefit of comment and criticism on the present method of taxation of motor vehicles employed in the State of Georgia, the Committee is of the opinion that with a few minor exceptions the most serious objections to the present laws relating to the taxation of motor vehicles can be traced to the rather unrealistic and arbitrary evaluations assigned to motor vehicles by the State Department of Revenue. In many instances the evaluations assigned in the past to motor vehicles have been in excess of the full retail price of auto mobiles. Because of these evaluations, almost intolerable tax burdens have been placed on the shoulders of automobile dealers and because of the suddenness of the change in the taxation of motor vehicles, they have been unable to adjust the price of the motor vehicles in order to absorb this additional cost of doing business. After consultations with the Georgia Deepartment of Revenue by this
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JOURNAL OF THE HOUSE,
Committee, it is gratifying to report that for the 1968 tax year much more realistic evaluations will be employed, and there will be present methods whereby the heretofore extreme tax burdens on the part of automobile dealers will be further reduced.
Another area in which the present method of taxation of motor vehicles works to an extreme disadvantage of automobile dealers is found in those areas of the State which are located in close proximity to adjoining states. It does not take a great deal of imagination to understand the uncompetitive position which such dealers are placed in when adjoining states have little or no ad valorem taxation. Both ad valorem, sales and income taxes are being lost in those instances where sales are lost to dealerships located in adjoining states.
Many areas in which the automobile dealer desires relief for his particular problem cannot be brought about without the necessity of amending our Con stitution to permit this course of action. Under our present Constitution, all motor vehicle owners must receive the same treatment insofar as their ad valorem taxation is concerned. Therefore, while this Committee was generally sympathetic to the problems of the dealers, constitutional prohibitions have prevented this Committee from making recommendations which would satisfy all of the complaints of the automobile dealers to our present method of taxation.
RECOMMENDATIONS
This Committee recommends that the present method of taxation of motor vehicles be continued without significant change in our laws relating thereto. However, we recommend that the General Assembly maintain close scrutiny over the administrative supervision of the law being exercised by the Revenue De partment. We further recommend that all organizations and associations par ticularly concerned with the ad valorem taxation of motor vehicles be afforded ample opportunity to consult and advise with the Revenue Department prior to any meaningful change in the assessment and valuation of motor vehicles being adopted, including both dealer and governmental organizations and associations. If, in the future, unrealistic and arbitrary assessment of motor vehicles becomes evident, this Committee makes the following recommendations: (1) that ad valorem taxation of motor vehicles in the hands of dealers be eliminated, and (2) that an intensive study be commenced directed toward determining the advis ability of employing a single use tax similar to the State of Florida, and at the same time, a method be devised whereby the bonding capacity of our counties and municipalities will not be reduced by the removal of motor vehicles from the tax digest.
In order to relieve some of the economic burdens which dealers are now suffering, the Committee recommends that the General Assembly consider legislation which will provide that the ad valorem taxes on motor vehicles in the hands of a dealer for sale shall be paid at the time of the first sale of the motor vehicle or on December 20, whichever occurs first.
Last year's extension of time within which the taxes on motor vehicles were to be paid proved of no particular benefit to anyone, but did create some serious
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3447
problems. We recommend that in the future no new extensions be granted for the payment of taxes on motor vehicles.
Respectfully submitted, /s/ SIDNEY LOWREY, Chairman
Representative, 13th District
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS JOINT REPORT OF THE
SENATE COMMITTEE TO STUDY THE DEVELOPMENTS OF THE AVIATION INDUSTRY (Senate Resolution No. 120) AND THE HOUSE OF REPRESENTATIVES AIRPORT STUDY COMMITTEE (House Resolution No. 3) SENATE
Honorable Frank Eldridge Senator, 7th District Chairman Honorable A. W. Holloway Senator, 12th District
Honorable H. McKinley Conway, Jr. Senator, 41st District Honorable Brooks Pennington, Jr. Senator, 45th District
Honorable Robert A. Rowan Senator, 8th District
HOUSE OF REPRESENTATIVES
Honorable J. Crawford Ware Representative, 42nd District Chairman Honorable Guy Hill Representative, 121st District Honorable Cecil Turner Representative, 123rd District Honorable Bert Ward Representative, 2nd District Honorable Henry L. Reaves Representative, 99th District Honorable Nathan D. Dean Representative, 20th District
Honorable Richard S. Hutchinson Representative, 79th District Honorable Harry D. Dixon Representative, 83rd District Honorable Paul Stalnaker Representative, 59th District Honorable Alan S. Gaynor Representative, 114th District Honorable Jack Shuman Representative, 65th District Honorable Carlus D. Gay Representative, 60th District
January 1968
3448
JOURNAL OF THE HOUSE,
INTRODUCTION
The Senate Committee to Study Developments of the Aviation Industry Study Committee was appointed by the President of the Senate pursuant to the author ity vested in him under Senate Resolution No. 120. The President of the Senate appointed the following members to the Committee:
Honorable Frank Eldridge Senator, 7th District Honorable A. W. Holloway Senator, 12th District Honorable H. McKinley Conway, Jr. Senator, 41st District
Honorable Brooks Pennington, Jr. Senator, 45th District Honorable Robert A. Rowan Senator, 8th District
Senator Frank Eldridge was appointed Chairman of the committee by the President of the Senate.
The House of Representatives Airport Study Committee was created by the Speaker of the House of Representatives pursuant to the authority vested in him under House Resolution No. 3. The Speaker appointed the following members to the Committee:
Honorable J. Crawford Ware Representative, 42nd District Honorable Richard S. Hutchinson Representative, 79th District Honorable Guy Hill Representative, 121st District Honorable Harry D. Dixon Representative, 83rd District Honorable Cecil Turner Representative, 123rd District Honorable Paul Stalnaker Representative, 59th District
Honorable Bert Ward Representative, 2nd District Honorable Alan S. Gaynor Representative, 114th District Honorable Henry L. Reaves Representative, 99th District Honorable Jack Shuman Representative, 65th District Honorable Nathan D. Dean Representative, 20th District Honorable Carlus D. Gay Representative, 60th District
Representative J. Crawford Ware was appointed Chairman of the Committee by the Speaker.
FINDINGS
Both committees were created to conduct a broad study of the aviation indus try in the State of Georgia. At one of their first meetings the committees heard tes timony from state aviation officials which indicated that there were approximately ten airports in the State of Georgia which were in critical need of repairs. Upon investigation, the committees determined that there were eight airports in the State of Georgia which should be repaired in the very near future or it will be impossible to repair them all. These airports are: Cordele, Donalsonville, Herbert Smart Airport in Macon, Statesboro, Sylvania, Gainesville, St. Mary's and Tifton.
In most instances the runways, taxiways, and aprons need to be sprayed with a grass killer, dead grass removed from the cracks and the cracks sealed. This will cost approximately $40,000 for each 5,000 feet of runway. These airports are important not only to the economy of their particular community but they are
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3449
also important to the industrial development of the entire State of Georgia. The present estimated value of these airports is as follows:
Cordele Donalsonville Herbert Smart Statesboro
$1,400,000 $1,400,000 $1,500,000 $ 500,000
Sylvania Gainesville St. Mary's Tifton
$1,500,000 $4,500,000 $1,000,000 $1,500,000
A small investment to repair these airports at the present time will save the taxpayers of the State of Georgia and the taxpayers of the communities where the airports are located many thousands of dollars. The airports need repairs now and if they are not repaired, then it will be necessary to tear up the present runways and build new ones.
The committees studied the possibility of placing all state aircraft under one separate department of state government. In this connection, the committees employed the consulting firm of Kysor Associates, of Richfield, Connecticut to conduct a preliminary survey to determine if it would be in the best interest of the State of Georgia to place all state aircraft under one separate department. Kysor Associates have completed their report which is on file in the Office of Legislative Counsel for review by all interested persons. This report strongly recommends the establishment of a separate department of state government to manage and maintain all state aircraft.
The committees heard testimony from the governing: authorities of the counties and municipalities which own and operate airports. The overwhelming opinion of the persons who testified before the committees was that the counties and municipalities needed matching fund money on at least a 50% state and 50% local basis. However, some of the persons testified that their communities might be able to participate on a 25% state and 75% local basis.
The Georgia Civil Air Patrol appealed to the committees for state assistance in connection with its activities, which consists primarily of rescue operations. The officials of the Georgia Civil Air Patrol furnished the committees with information which indicates that over half the states in the United States appropri ate funds to the Civil Air Patrol in their respective states. The committees believe that this proposal is meritorious, however, the request for assistance was pre sented to the committees at one of their final meetings and the committees, because of the limited time available to complete their work, were not able to act upon the request.
The committees made a cursory study of registration fees in lieu of personal property taxes on all privately owned aircraft. However, the committees did not have the time to fully explore this proposition. The states of Arizona, Colorado, Florida, Idaho, Iowa, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, Oregon, South Dakota, Vermont, Washington and Wis consin presently charge registration fees in lieu of personal property taxes. Florida, for example, charges a registration fee of $5.00 on all aircraft from pri vate use based on a graduated gross weight scale ranging from $5.00 to $25.00. Aircraft for hire in Florida are charged a registration fee based on a graduated gross weight scale ranging from $1.00 to $100.00 and schedule air carriers pay
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1/10 of 1% per mile of over-Florida flying not to exceed $100.00 per aircraft. Glider fees in Florida are $2.50 and dealer demonstrations certificates are $10.00.
RECOMMENDATIONS
The committees recommend the following:
(1) A non-recurring appropriation of $160,000 to the State Highway Depart ment for the fiscal year 1968-69 to be used by the State Highway Department as matching fund monies which shall be available to the various counties and munici palities on a 50% state and 50% local basis to repair existing airports. These airports are all non-carrier airports and the Federal Aviation Agency is not authorized to participate because the repairs are considered maintenance. The maximum funds available to any county or municipality shall be limited to $20,000. These funds shall be used exclusively for repairs to existing runways, taxiways and aprons.
(2) A recurring appropriation of $30,000 per anum to the Aviation Division of the Department of Industry and Trade. The Department of Industry and Trade shall be responsible for furnishing continuous technical assistance to the various counties and municipalities in connection with the maintenance of their airports. The committees feel that this would eliminate the need of state assistance to repair airports in the future.
(3) That the further study be given the proposal concerning registration fees on all private aircraft in lieu of personal property taxes.
(4) That further study be given the request of the Civil Air Patrol for an annual state appropriation.
(5) During its deliberations, testimony was presented before the committees which indicated that the State of Georgia can realize a savings of approximately 25% on the purchase of aircraft fuel used by state owned aircraft by contacting the major oil companies and expressing a desire to participate in contract fuel.
The committees strongly recommend that this situation be investigated im mediately by the Supervisor of Purchases.
(6) The establishment of a new department of state government to be known as the State Department of Air Transportation. This recommendation was cor roborated by the Kysor Associates report.
ACKNOWLEDGEMENTS
The members of the committees wish to express their sincere appreciation to the federal and state aviation officials and local officials who appeared before
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3451
the committees and offered their suggestions and recommendations to improve airports in the State of Georgia and in their respective communities.
Respectfully submitted,
/s/ Frank Eldridge Frank Eldridge, Chairman Senate Committee
/s/ J. Crawford Ware J. Crawford Ware, Chairman House of Representatives Airport Study Committee
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL
ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS. ********
REPORT OF SPECIAL CAPITAL PUNISHMENT STUDY COMMITTEE
(House Resolution 3)
THE COMMITTEE
Honorable Willis J. Richardson, Jr. Representative, 116th District Chairman Honorable Hines L. Brantley Representative, 63rd District Honorable Thomas B. Buck, III Representative, 112th District Honorable Harold G. Clarke Representative, 45th District Honorable J. C. Daugherty Representative, 134th District
Honorable Jack N. Gunter Representative, llth District Honorable G. Robert Howard Representative, 101st District Honorable Preston B. Lewis Representative, 50th District Honorable Carl P. Savage Representative, 58th District Honorable Roger W. Wilson Representative, 109th District
December, 1967
REPORT OF THE SPECIAL CAPITAL PUNISHMENT STUDY COMMITTEE INTRODUCTION AND PURPOSE:
The Committee was created under House Resolution No. 3 for the purpose of studying the subject of "Capital Punishment in Georgia".
The Committee held is organizational meeting on August 24, 1967, and it was decided that since the interim Senate Committee of 1965 held its public meetings in principally metropolitan areas, that the Committee would hold four public hearings in the areas of the State not previously heard from by the Senate Com mittee, with the exception of Atlanta. These public hearings were held in Atlanta, Brunswick, Americus and Gainesville.
In addition to the public hearings, the members of the State Board of Pardons and Paroles, the Director of the Department of Corrections, the Warden of the State Prison at Reidsville and the Superintendent and psychiatrists of Central State Hospital at Milledgeville appeared before the Committee.
3452 FINDINGS:
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The Committee, in its public hearings, heard from approximately fifty people who represented the opinions of individuals and various groups, including attor neys, police officers, ministers, city, county and State officials, school boards, newspapermen, businessmen, and students--both high school and college.
There was no definite pattern or trend that the Committee could establish as to public opinion from the individuals who appeared before the Committee, as the opinions as to the retention or abolishment of capital punishment varied with each individual and the locality. The Committee noted, however, that the testimony favorable to the abolishment of capital punishment was based primarily on moral and religious grounds. On the other hand, the individuals and groups who ex pressed themselves as being in favor of retaining capital punishment confined their arguments primarily to the idea that capital punishment served as a deter rent to crime, provides protection for society, and furthers the concept of justice.
The Committee found considerable sentiment for reducing the number of offenses presently punishable by the death penalty, and in many instances those persons who testified as being in favor of the abolishment of capital punishment in principle, did state that they thought it would be wise to retain capital punish ment for certain crimes.
The Committee noted, however, that it was the general opinion of the persons in favor of capital punishment, as well as some of the individuals who were in favor of the abolishment of capital punishment, except for certain crimes, that capital punishment should be retained for the crimes of murder, rape, kidnapping and treason.
Although the subject of pardons and paroles and life sentences was not within the purview of the Committee's investigation, the Committee felt that it would be be impossible to properly study the subject of capital punishment without obtain ing information in regard to these two subjects, inasmuch as they were so closely related to the question of the retention or abolishment of capital punishment.
It was the unanimous opinion of the State officials responsible for pardons and paroles and the administration of the prison system that capital punishment should be retained in lieu of a mandatory life sentence without parole or commu tation. They further expressed a belief that the present law pertaining to the eligi bility of parole after seven years should be retained. There was some acquiescence to the possibility of lengthening the time whereby an individual would be eligible for parole.
An effort was made by the Committee, through the obtaining of statistical data from the Pardons and Paroles Board and the Department of Corrections, to determine if any conclusion could be drawn from the persons convicted of capital offenses in the past, as to the effect of social, educational or economic background
being a factor as to these individuals receiving the death sentence. Although no
conclusion could be drawn by the information made available to the Committee,
it is noted that from six individuals whose death sentences have been commuted
to life imprisonment, the lack of formal education, as well as limited income, is
apparent.
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3453
Inquiry was also made by the Committee on these factors through the State psychiatrists who have observed and treated individuals sentenced to the death penalty, but no information was available from which a conclusion could be drawn.
The Committee found in its public hearings some evidence that there is dis satisfaction as to the administration of justice with regard to the death penalty in the courts. However, the comments made in regard to this were based on no factual or documented evidence.
It is noted by the Committee that of the law enforcement officers appearing before the Committee, none advocated the abolishment of capital punishment.
There was no suggestion by any of those people appearing before the Commit tee that there should be a public referendum with regard to the subject of capital punishment.
Some interest was expressed in the substitution of a gas chamber for the elec tric chair as being a more humane method of execution.
The Committee determined that 415 persons were electrocuted in Georgia since 1924, and during this period there have been no executions for any crimes other than murder, rape and robbery by open force. At the present time there are 25 individuals under the death sentence in Georgia. There has been no execution in the State of Georgia since 1964. It is noted that there is one inmate who has been under the death sentence since 1958, three under the death sentence since 1960, and three under the death sentence since 1963.
The Committee found no information or statistics that indicate with any de gree of certainty that race was a factor in individuals receiving the death penalty, although this inference could be drawn insofar as race related to the economic, educational and social background of the individuals, and in the fact that the Negroes executed in Georgia outnumber the whites approximately four to one.
During the course of the Committee's investigation voluminous documentary and statistical materials from various sources have been assembled relative to capital punishment. These materials are being maintained on file by the Commit tee and any member of the General Assembly who wishes to inspect or study these materials may have the opportunity of doing so by contacting the office of Legis lative Counsel.
RECOMMENDATIONS:
(1) The Committee, by a vote of nine to one, recommends that capital punish ment should be retained in Georgia, for at least the following crimes: Murder, rape, robbery by force, kidnapping for ransom, perjury causing death or perjury resulting in the conviction of another person of an offense punishable by death, and treason, with one member being of the opinion that the death penalty should be abolished entirely.
(2) That the Committee introduce legislation at the 1968 session of the General Assembly providing for the following:
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(a) That persons sentenced to death, whose sentences are commuted to life, and persons sentenced to life imprisonment should be required to serve a minimum of 15 years before being eligible for parole.
(b) That a unanimous decision by the State Board of Pardons and Paroles be required prior to the commutation of a death sentence to life imprisonment.
(c) That the sentence in capital felony cases upon conviction, automatic ally be made life imprisonment unless punishment by death is recommended by the jury.
3. That due to the lack of public sentiment expressed to the Committee, as well as the questioned legality, that no necessity presently exists for a Statewide advisory referendum on the question of the retention or abolishment of capital punishment.
4. That the proper officials make a study of the feasibility of using a gas chamber in lieu of the electric chair.
Respectfully submitted,
/s/ Willis J. Richardson, Jr. Willis J. Richardson, Jr.
/s/ Hines L. Brantley Hines L. Brantley
/s/ Thomas B. Buck, III. Thomas B. Buck, III.
/s/ Harold G. Clarke Harold G. Clarke
/s/ Jack N. Gunter Jack N. Gunter
/s/ G. Robert Howard G. Robert Howard
/s/ Preston B. Lewis Preston B. Lewis
/s/ Carl P. Savage, Sr. Carl P. Savage, Sr.
/s/ Roger W. Wilson Roger W. Wilson
MINORITY REPORT OF THE HOUSE OF REPRESENTATIVES SPECIAL CAPITAL PUNISHMENT STUDY COMMITTEE
THE ARGUMENTS AGAINST THE DEATH PENALTY
The Committee in its deliberations considered most, if not all, serious argu ments regarding the retention or abolishment of capital punishment in this State; however, it is apparent that while 50 persons appeared before the Committee with
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3455
varying opinions as to retention or abolition of capital punishment, a great majority of the citizens of this State do not apparently have enough information on the subject to decide one way or the other, except those who have been affected directly or indirectly as the subject relates to the administration of justice, equal protection of the laws and the interplay of economic factors, racial factors, social factors and even religious factors.
LAW ENFORCEMENT AND RELATING AGENCIES
It is noted that all law enforcement, State prison and prisoner administrative agencies were unanimously in favor of retaining capital punishment while numer ous denominational representatives were for abolishing capital punishment. By way of opinion, based on the fact of opinions expressed by the law enforcement and related agencies, it should not be overlooked that in their zeal to enforce the laws of this State that maintain the good order, peace, morals and tranquility of our society and the discipline necessary to effective law enforcement, correctional procedure, rehabilitation, pardon and parole personnel tend toward the narrow view of a crime oriented legal-social structure. This should not be so in a many faceted ever-changing society that looks toward new and developing techniques of crime prevention, detection, sentencing and rehabilitation.
RELIGIOUS REPRESENTATIVES AND ELECTED OFFICIALS
Georgia is largely a state that believes in law and order if the proper climate is created by its leaders in local communities, general government and religious oriented organizations and denominations. The opinions of religious representa tives appearing before the Committee were largely in favor of abolishing capital punishment for moral reasons centered primarily on the modern concern for the significance of human life and the proper evaluation, preservation and rehabilita tion of it. At least one responsible representative of a deliberative body opposed capital punishment on the basis of the larger value of the overall social and behavioral development of our society, race and other factors notwithstanding.
DETERRENCE AS A FACTOR
Whether or not deterrence is a factor in the retardation of the commission of capital offenses, there certainly seems to be no conclusive evidence to support the notion that capital punishment serves the purpose of deterring crime; however, when it is considered that a great many capital offenses are committed between close relatives, friends and on impulse, it is reasonable to believe that these cate gories of offenses would be committed without regard to the existence or nonexistence of capital punishment. In this connection, see the "Memorandum on Capital Punishment", prepared by the American Civil Liberties Union, dated February, 1967.
RACE AND STATUS
E. T. Kehrer, President of the Civil Liberties Union of Georgia, stated at one of the public hearings that:
"The existence of the death penalty for crimes results in discrimination against the poor, the uneducated, and the Negro."
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Even a cursory look at that statement immediately demonstrates that the category of those persons described include Negroes in each category since Negroes are generally poor and uneducated; the conclusion being that the Negro accused on a capital crime has three strikes against him. This presses one to the conclusion that Negroes are more likely to get the death penalty than anyone else accused of capital crimes in this State. Information provided the Committee by the State Board of Pardons and Paroles showed statistically that there are presently 25 men under the death sentence in the penitentiary of this State and the county prisons; and of that number, 17 are Negroes, of which 5 were convicted of rape and 12 for murder. Of the 415 executions in Georgia within the last 40 years, 337 were Negroes according to the records of the penal and corrections offices. These statistics tend to bear out the belief of a great many people who have studied the subject that the death penalty operates unevenly against the poorer members of our society and Negroes, and is consequently a denial of equal protection of the laws.
ADMINISTRATION OF JUSTICE
It should not be disregarded that the whole question of the administration of justice in this country and in this State bears a direct relation to the general population's respect for law and order, and where laws are applied unevenly, it necessarily leads ultimately to a disregard for the courts and our general system of justice. This disrespect can be seen to manifest itself in terms of civil disorders, riots, demonstrations and all other forms of violent protest. It would seem that in view of the present-day emphasis on immediate and urgent fulfillment of the promises of our democratic institutions, the Minority believes that capital punish ment should be abolished in Georgia or at least suspended by a moratorium of a minimum of three years and a maximum of five years.
Respectfully submitted,
/s/ J. C. Daugherty J. C. Daugherty Representative, 134th 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 STATE CLAIMS STUDY COMMITTEE (House Resolution No. 3) ********
THE COMMITTEE
Honorable Don C. Moore, Chairman Honorable A. LaRue Parrish, Sr.
Representative, 12th District
Representative, 96th District
Honorable A. B. C. Dorminy, Secretary Honorable George W. Smith
Representative, 72nd District
Representative, 117th District
Honorable Robert H. Farrar
Honorable E. O. Branch
Representative, 118th District
Representative, 74th District
Honorable Marcus Collins
Honorable Young H. Longino
Representative, 88th District
Representative, 112nd District
Honorable A. T. Land, Sr.
Representative, 53rd District
December, 1967
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3457
REPORT OF THE STATE CLAIMS STUDY COMMITTEE (House Resolution No. 3)
INTRODUCTION:
The State Claims Study Committee was created pursuant to House Resolution No. 3 which was adopted at the 1967 session of the General Assembly of Georgia. The Speaker appointed the following members to the Committee:
Honorable Don C. Moore Representative, 12th District Honorable A. B. C. Dorminy Representative, 72nd District Honorable Robert H. Farrar Representative, 118th District Honorable Marcus Collins Representative, 88th District Honorable A. T. Land, Sr. Representative, 53rd District
Honorable A. LaRue Parrish, Sr. Representative, 96th District Honorable George W. Smith Representative, 117th District Honorable E. 0. Branch Representative, 74th District Honorable Young H. Longino Representative, 122nd District
Representative Don C. Moore was designated Chairman by the Speaker, and at the organizational meeting of the Committee, which was held on October 5, 1967, Representative A. B. C. Dorminy was elected Secretary.
The Committee was created for the purpose of studying the procedure for processing claims against the State. At present such claims are presented in the form of a resolution providing for payment to the party alleging the claim. The Committee heard from two persons who have a firsthand knowledge as to the method by which such claims are presently processed.
At this time the Committee wishes to express its appreciation to those per sons as follows:
Honorable Ben W. Fortson, Jr., Secretary of State, Chairman, Claims Advisory Board Mrs. Carolyn Thomas, Secretary Claims Advisory Board
FINDINGS AND RECOMMENDATIONS:
There have been several different suggestions proposed concerning this par ticular situation, among them being:
(1) Completely removing the State's immunity from suit; (2) The creation of a claims court; (3) Obtaining liability insurance to cover such claims; (4) Leaving the situation as it presently exists;
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JOURNAL OF THE HOUSE,
(5) Creating a subcommittee of the Appropriations Committee to make direct payments for specific amounts.
The Committee found that one of the complaints which was most numerous as regards the present procedure, concerns the time lag in making payments on claims. On the other hand, it was brought out that if the claimant were author ized to bring suit against the State, the time lag would probably be even greater, since the claimant would have to go through courts which might have a heavy backlog of cases.
After reviewing the procedures which are used by other states for processing claims against the state, the Committee found that Georgia was in the category of states which had one of the most economical procedures as far as payment by the state for claims is concerned.
Mr. Charles G. Duncan, Jr., State Insurance Program Director, in a memo randum prepared July 20, 1962, stated that annual premiums on comprehensive general liability insurance would amount to in excess of $400,000.00 per year. It is interesting to note that the total amount of money authorized by the General Assembly to be paid to claimants in the years 1953 through 1967 is approximately $466,000.00. Mrs. Thomas, in a report prepared for the Committee, furnished the following interesting statistics: During the fifteen year period in which the Claims Advisory Board has existed, there have been 802 claims presented, and the total amount claimed has been $2,209,415.36. The Claims Advisory Board has recommended payment of $359,361.53. The amount actually authorized by the General Assembly was $465,687.96. Consequently, the difference in the amount claimed and the amount actually paid was $1,743,727.40.
Since the Claims Advisory Board has been in existence, the General Assem bly has paid $106,326.43 more than the Claims Advisory Board has recommended. Mrs. Thomas also pointed out that during the 1967 session of the General Assem bly, the General Assembly paid approximately $17,400.00 more in claims than the Board recommended. Two claims were paid on which the Board recommended no action and eight claims were increased over the Board's recommendation to pro vide the total amount of approximately $17,400.00. This averaged out to approxi mately $1,740.00 more paid out on each of the ten claims than was recommended by the Board.
The Committee is of the unanimous opinion that the Claims Advisory Board is following the guidelines provided by the General Assembly when the Board was created and that the Appropriations Committee and the General Assembly should follow the recommendations that are made by the Board much closer than recom mendations have been followed in the past.
In light of the fact that actions for most types of injuries to the person must be brought within two years after the right of action accrues, the Committee recommends that the General Assembly consider whether claims against the State should also be brought within a limited period after the accident occurs, before the claims will be considered by the Claims Advisory Board and the General Assembly.
Respectfully submitted,
/s/ Don C. Moore Don C. Moore, Chairman Representative, 12th District
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3459
/s/ Robert H. Parrar Robert H. Farrar Representative, 118th District
/s/ A. T. Land, Sr. A. T. Land, Sr. Representative, 53rd District
/s/ George W. Smith George W. Smith Representative, 117th District
/s/ Loung H. Longino Young H. Longino Representative, 122nd District
/s/ A. B. C. Dorminy A. B. C. Dorminy, Secretary Representative, 72nd District
/s/ Marcus Collins Marcus Collins Representative, 88th District
/s/ A. LaRue Parrish, Sr. A. LaRue Parrish, Sr. Representative, 96th District
/s/ E. O. Branch E. 0. Branch Representative, 74th District
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERA1 ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
REPORT OF THE COMMITTEE TO INVESTIGATE THE FEASIBILITY OF LICENSING AND REGULATING COLLECTION AGENCIES
(Senate Resolution No. 72) ********
THE COMMITTEE
Honorable Billy Adams, Chairman Senator, 26th District Honorable R. Eugene Holley Senator, 22nd District Honorable Ben F. Johnson
Senator, 42nd District Honorable W. W. Fincher, Jr. Senator, 54th District Honorable W. Armstrong Smith Senator, 34th District
January, 1968
The Committee to Study the Feasibility of Licensing and Regulating Collec tion Agencies met with private individuals and representatives of various collec tion agencies in Georgia, and listened to testimony on the question of whethei collection agencies should be licensed or regulated.
Those speakers voicing opposition to the regulation of collection agenciet felt that the industry could take care of itself. Those speakers for regulation oi
3460
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collection agencies gave case histories where collection agencies have taken advan tage of various people, especially doctors, in Georgia.
As a result of the testimony, the Committee decided that there is a need for collection agencies to be subject to fair practices legislation, but there is no need for a regulatory agency for collection agencies to be created, nor is there any need for regulatory legislation.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AN**D**O**T*H* ER INTERESTED PERSONS.
REPORT OF THE DRUNK DRIVING LAWS STUDY COMMITTEE (Senate Resolution No. 92) ********
THE COMMITTEE
Honorable Frank G. Miller Senator, 43rd District Chairman Honorable W. Armstrong Smith Senator, 34th District Secretary
Honorable W. W. Fincher, Jr. Senator, 54th District Honorable I. William Gregory, Jr. Senator, 15th District Honorable William A. Searcey Senator, 2nd District
September 15, 1967
PRELUDE
The committee was created pursuant to the authority of Senate Resolution Number 92. The Lieutenant Governor appointed the following members of the Senate to the committee: Frank G. Miller, 43rd District; William A. Searcey, 2nd District; W. Armstrong Smith, 34th District; I. William Gregory, Jr., 15th District; and W. W. Fincher, Jr., 54th District. At the organizational meeting of the committee, Senator Miller was elected Chairman and Senator Smith, Secretary.
At the 1967 Session of the Georgia General Assembly, there were introduced several bills dealing with the problem created by the intoxicated driver. One of such bills was Senate Bill No. 120. This bill received extensive examination and scrutiny by the Senate Highway Committee. Following the Senate Highway Com mittee's consideration of this bill, a proposed substitute to the original Senate Bill Number 120 was drafted; however, due to the press of business at the close of the 1967 Session and the far reaching effects of this substitute, it was deemed advisable that an interim study committee be appointed for the purpose of inves tigating the entire field and problems relating to the intoxicated driver. This com mittee was created with that purpose in mind and was charged with the responsi bility of making an exhaustive study of this entire area and reporting its findings and recommendations back to the 1968 Session of the Georgia General Assembly.
INTRODUCTION
It is very difficult if not impossible to pinpoint with scientific exactness the precise percentage of drivers who have been drinking and who are involved in traffic accidents and fatalities. However, based upon reliable estimates, the com-
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3461
mittee is informed that approximately 12% of the entire driving force at any given time is drinking. Prom the same sources, the committee is informed that in excess of 50% of all traffic accidents in which fatalities occur, drinking drivers have been involved. Needless to say many authorities will disagree with the per centages set forth and reported to the committee. Suffice it to say here that there has been evidence presented to the committee to lead it to the unavoidable conclu sion that the intoxicated driver is a decided factor in contributing to traffic
accidents.
Last year there were more than 50,000 individuals killed in the United States due to traffic accidents. Hundreds of thousands of additional Americans received personal injuries which incapacitated and maimed them. When the millions upon millions of dollars of property damage caused by traffic accidents are added in, it is unavoidable that there is at the present time a terrific problem presented by the person who insists upon driving an automobile while intoxicated.
INVESTIGATION OF THE COMMITTEE
In the early stages of the work of the committee, it was felt that it would be advisable and desirable to present to the general public an opportunity to present their views on the problem of the intoxicated driver. As a result, the committee held, both in Columbus, Georgia, and at the State Capitol, extensive public hear ings which were well attended. For three full days witnesses did appear and pre sent to the committee their observations and recommendations dealing with this most important problem.
Without fail, it was the opinion of those responsible witnesses appearing before the committee that the one most important item of legislation needed in order to cope with the problem of the intoxicated driver was the enactment of an implied consent law. Basically speaking, an implied consent law has its foundation in the theory that the right of an individual to possess a driver's license is a privilege rather than an absolute right. Therefore, all implied consent laws provide that an individual operating a motor vehicle upon the public streets and ways impliedly consents to the submission of a scientific analysis of blood, breath or urine specimens in order to determine the amount of the alcohol present in the blood of a suspected intoxicated driver. In the event any suspected driver shall fail or refuse to consent to this test, his privilege to possess a driver's license is revoked. Twenty-two states have adopted such laws.
At the present time, the State of Georgia does not require that a suspected driver submit to a blood-alcohol test. However, there are provisions available for the testing of a person's blood, and upon the proper evidential foundation being laid, findings relating to the alcoholic content of a defendant's blood may be pre sented in evidence and certain presumptive conclusions concerning the defendant's sobriety may be drawn therefrom.
Recently, the United States Congress has enacted the Highway Safety Act of 1966. Pursuant to this legislation, the Department of Transportation has been charged with the responsibility of formulating comprehensive programs for high way safety which are to be designed to reduce the number of traffic accidents and deaths. In order to encourage and promote state participation in these recom mended programs, states who fail to comply with the standards of the highway safety programs will be penalized through their failure to receive certain federal, public road funds. One of the most important programs of the Highway Safety
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Act of 1966, and the standards adopted pursuant thereto, is that all of the states must adopt an implied consent law which provides that if a chemical analysis of the defendant's blood shall reveal that there were present 0.10% or more by weight of alcohol in the defendant's blood that he shall be presumed to be driving under the influence of intoxicants. At the present time, the presumptive level in Georgia is 0.15%. Many experts will disagree as to the proper level of the percent age of alcohol in the defendant's blood which will give rise to these presumptions. In the opinion of the committee, the real argument concerning this point has been eliminated when the Department of Transportation announced that it will require that the presumption shall arise when 0.10% is present.
In addition to recommendations that an implied consent law be adopted, the majority of those witnesses testifying before the committee were of the opinion that the present approach employed by the majority of the courts of this state in the punishment of those persons found guilty of driving under the influence were inadequate to deter future violations. It is rare when persons convicted of driving under the influence of alcoholic beverages are sentenced to and actually serve jail sentences. With only a little more frequency, it occurs that driver's licenses are suspended or revoked for certain periods of time for such offenses. However, these instances are not great at all when compared to the total number of violations. In the vast majority of cases, the defendant receives simply a monetary fine. It was urged upon the committee that more stringent penalties be assessed against persons who are found guilty of driving under the influence. This includes manda tory suspension of driver's licenses, and in those cases which warrant more severe penalties, jail sentences for repeated offenders.
In this day and time, the use of an automobile has become almost an indis pensable asset. The loss of an individual's license to operate a motor vehicle, there fore, is a severe penalty--one which is to be avoided by many individuals at all costs. This committee feels that if, rather than mere monetary fines, the judges of this state were to suspend and revoke driver's licenses on second offenses and in cases which warrant more severe penalties, sentence repeated offenders to con finement by jail sentences--a real deterrent would be present to those who insist upon driving while intoxicated.
FINDINGS
The committee unanimously feels that it is imperative that the State of Georgia adopt an implied consent law as outlined above which provides that when 0.10% or more by weight of alcohol is discovered in the defendant's blood that he be presumed to be operating a motor vehicle while under the influence of intoxi cants. It is the distinct feeling of the committee that if an implied consent law is adopted, the provisions of this law must provide for the testing of the alcoholic content of the defendant's blood by means other than the withdrawal of a blood sample. The state of the art has progressed to the point that there is available to law enforcement officers reliable breath testing equipment which will enable any one with a minimum degree of training to withdraw breath specimens and receive accurate results revealing the alcoholic content of the blood. The committee recom mends that provisions be made both for a breath sample chemical analysis as well as blood specimens.
Another glaring deficiency in the present legislative enactments concerning intoxicated drivers is represented by this situation. At the present time, unless a warrant is obtained charging an intoxicated driver with an appropriate offense there is no procedure whereby appropriate criminal charges may be preferred
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against intoxicated drivers which cause the death of third parties in traffic acci dents. This committee feels that it is within the province of, and should be the duty of, the solicitor general, in appropriate instances to seek indictments for criminal offenses of this nature without requiring private citizens to seek a warrant.
Another area in which improvement might be made in order to reduce the number of drivers who drive under the influence is the serious curtailment of the young driver's privilege to drive who has been found guilty of driving under the influence. The committee recommends that this group of drivers receive more serious revocation and suspension penalties. In order to support this recommen dation, it is interesting to note that all young drivers can expect to be involved in a traffic accident before reaching the age of twenty. In this day and time it is extremely valuable and desirable that young persons possess a driver's license and the means to transport themselves in this highly mobile economy. The loss of this privilege is serious indeed, and in this manner it is hoped that the young driver with his high accident potential will be discouraged from driving while intoxicated.
At the present time the laws of Georgia are designed so that upon receiving notification of the conviction of an individual for driving under the influence, the Department of Public Safety automatically suspends the driver's license of the defendant. At the present time, judges trying traffic cases are allowing an ac cused to enter a plea of nolo contenders (no contest) to charges of driving under the influence. This plea is not considered to be a conviction, and the Department of Public Safety is powerless to revoke the license of an individual who pleads no contest to a charge of driving under the influence although the person entering such a plea usually receives the same penalty from the court as one found guilty of driving under the influence. It was brought to the attention of the committee that there is a vast abuse of this use of no contest plea. From December of 1966 until August of 1967 a period of nine months there were 15,518 nolo contendere pleas reported to the Department of Public Safety by those courts which try traffic offenders and report the results thereof to the Department of Public Safety.
At the present time there are 647 courts trying traffic cases in the State of Georgia. Of this number 233 fail or refuse to report their convictions to the De partment of Public Safety. It is apparent that without complete and uniform reporting from all of the traffic courts of this state it will be impossible to devise a meaningful and comprehensive attack upon the ever increasing number of traf fic accidents and fatalities in this state. Traffic courts should report to the De partment of Public Safety all convictions of moving traffic violations in order that the Department of Public Safety might take appropriate action and have available the necessary statistical information upon which to base an effective program designed to reduce traffic accidents and deaths.
RECOMMENDATIONS
This committee recommends the adoption of an implied consent law with the presumptive percentage of alcohol being lowered to .10%. The committee also recommends that breath tests be authorized in addition to withdrawal of blood samples. The committee also recommends that solicitors general be required to seek indictments in those instances wherein a driver of a motor vehicle who is intoxicated is the proximate cause of the death of an individual involved in a traffic accident. The committee further recommends that the driver's license of
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persons less than 21 years of age be suspended for a period of 2 years or until age 21, whichever the court shall deem appropriate for these drivers who are found guilty of driving under the influence.
A copy of a bill incorporating these recommendations is attached hereto and made a part of this report as Exhibit "A".
The committee further recommends that the judges and clerks of all courts throughout this state who have jurisdiction to try offenders of traffic laws and ordinances be required to report to the Department of Public Safety convictions of such offenses. It is further recommended that the judges of such courts dras tically reduce the number of nolo contendere pleas which they will allow persons accused of driving under the influence to enter.
Respectfully submitted,
/a/ Prank G. Miller FRANK G. MILLER Chairman
A BILL
To be entitled An Act to amend an Act entitled "Uniform Act Regulating Traffic on the Highways" approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 9, 1956 (Ga. Laws 1956, p. 674), and an Act approved February 28, 1966 (Ga. Laws 1966, p. 70), so as to provide that it shall be unlawful for any person to drive, operate or be in actual physical control of any vehicle while under the influence of intoxi cating liquor; to provide for the chemical analysis of a defendant's blood or breath in order to determine the alcholic content thereof; to provide for certain presump tions concerning the amount of alchol found in a defendant's blood; to provide for those persons who may conduct an analysis of such blood and breath speci mens ; to provide for those persons who may withdraw blood specimens; to provide that information concerning the chemical analysis of the defendant's blood shall be made available to him; to provide that it shall be unlawful for persons under the influence of certain drugs to drive or operate a vehicle; to provide penalties for persons convicted of operating, driving, or being in physical control of a vehicle while under the influence of intoxicating liquors or drugs; to provide that it shall be the duty of the solicitor generals to seek indictments of persons involved in accidents which cause the death of third parties when a violation of the fore going offenses is the proximate cause of the death of the deceased; to provide that operators and drivers of motor vehicles impliedly consent to a chemical analysis of their blood or breath specimen for the purpose of determining the alcholic content of a driver suspected of driving or operating a vehicle while under the influence of intoxicating beverages or drugs; to provide the procedures con nected therewith; to provide for the suspension of the driver's license of those persons who fail to submit to proper chemical analysis; to provide the procedure connected therewith; to provide that persons accused of driving under the in fluence of intoxicating liquors shall be entitled to a chemical analysis of their blood or breath under certain conditions; to provide for the payment and cost of such tests; to provide the procedure connected with all of the foregoing matters;
to repeal conflicting laws; and for other purposes.
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EXHIBIT A
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particu larly by an Act approved March 9, 1956 (Ga. Laws 1956, p. 674), and an Act ap proved February 28, 1966 (Ga. Laws 1966, p. 70), is hereby amended by striking Section 47 in its entirety and inserting in lieu thereof a new Section 47 to read as follows:
"Section 47. Persons Under the Influence of Intoxicating Liquor or Drugs.
(a) It shall be unlawful and punishable as provided in subsection (g) of this Section for any person who is under the influence of intoxi cating liquor to drive, operate or be in actual physical control of any vehicle within this state.
(b) Upon the trial of any person accused of violating subsection (a) of this Section, evidence as to the amount of alcohol in the defend ant's blood at the time of the alleged offense as shown by a chemical analysis of the defendant's blood or breath shall be admissible as compe tent evidence bearing upon the question of whether the person was under the influence of intoxicating liquor and shall give rise to the following presumptions:
(1) If there was at that time 0.05 per cent or less by weight of alcohol in the defendant's blood, it shall be presumed that the de fendant was not under the influence of intoxicating liquor.
(2) If there was at that time in excess of 0.05 per cent but less than 0.10 per cent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether the defendant was under the influence of intoxicating liquor.
(3) If there was at the time 0.10 per cent or more by weight of alcohol in the defendant's blood, it shall be presumed that the de fendant was under the influence of intoxicating liquor.
(4) Per cent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood,
(5) The foregoing provisions of subsection (b) shall not be construed as limiting the introduction of any other competent evi dence bearing upon the question whether the person was under the influence of intoxicating liquor.
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(c) Chemical analyses of the defendant's blood or breath to be considered valid under the provisions of this Section shall have been performed according to methods approved by the State Crime Laboratory and by an individual possessing a valid permit issued by the State Crime Laboratory for this purpose. The State Crime Laboratory is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct such analyses and to issue permits which shall be subject to termination or revoca tion at the discretion of the State Crime Laboratory.
(d) Only a licensed physician, registered nurse, medical examiner, or ASCP certified or qualified medical or laboratory technician or aide may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath speci mens.
(e) Upon the request of the person who shall submit to a chemical test or tests at the request of a. law enforcement officer, full informa tion concerning the test or tests shall be made available to him or his attorney.
(f) It is unlawful and punishable as provided in subsection (g) of this Section for any person who is under the influence of any narcotic drug, or who is under the influence of any other drug to a degree which renders him incapable of safely driving or operating a vehicle, to drive or operate a vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drugs under the laws of this state shall not constitute a defense against any charge of violating this subsection; provided, however, it shall be the duty of the arresting- officer, if it shall become necessary to incar cerate a person suspected of violating the provisions of this subsection, to summon, as soon as possible, a licensed physician to examine the party so apprehended. The expense of such examination shall be borne by the court having jurisdiction of said alleged offense.
(g) Every person who shall be convicted of a violation of this Section shall be guilty of a misdemeanor and, except as otherwise pro vided for herein, shall be punished as for a misdemeanor.
(1) Those persons who are convicted of violating this Section for the first time shall have their drivers' license suspended for a period of at least 30 days and shall receive such other punishment as the judge shall deem appropriate.
(2) Those persons who are convicted of violating this Section for the second time within a period of three years shall be sentenced to imprisonment for a period of at least 60 days, shall have their drivers' license suspended for a period of at least six months and shall receive such other punishment as the judge shall deem ap propriate.
(3) Those persons who are convicted of violating this Section for the third or more time within a period of three years shall be sentenced to imprisonment for a period of at least 90 days, shall
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have their drivers' license suspended for a period of at least three years and shall receive such other punishment as the judge shall deem appropriate.
(4) Notwithstanding- the foregoing provisions of this subsec tion, if the person convicted of violating this Section shall be less than 21 years of age, the judge may suspend such person's driver's license until he shall reach 21 years of age or for a period of two years and impose such other punishment as he shall deem appro priate.
(5) In those instances wherein the defendant shall be con victed of a violation of this Section and he shall have been involved in an accident in which injuries result to parties other than the de fendant which require the hospitalization of such parties, the de fendant shall be punished by confinement for a period of at least 30 days, shall have his driver's license suspended for a period of at least three years and shall receive such other punishment as the judge shall deem appropriate.
(6) Nothing in this subsection shall be construed so as to limit or prohibit the judge from sentencing any person convicted of violating any provision of this Section to any punishment which the judge is otherwise authorized to impose.
(h) In the event a person shall be charged with a violation of this Section and he shall have been involved in an accident resulting in in juries which caused the death of a third party, it shall be the duty of the solicitor general of the judicial circuit in which such accident occurred to seek an indictment against such person for the appropriate offense which such persons conduct may dicate, if such person's violation of this Section was the proximate cause of the death of the deceased."
Section 2. Said Act is further amended by adding immediately after Section 47 a new section to be designated Section 47A, to read as follows:
"Section 47A. Implied Consent to Chemical Tests.
(a) Any person who drives or operates a motor vehicle upon a hig'hway of this state shall be deemed to have given his consent to a chemical test, administered pursuant to the provisions of Section 47, of his blood or breath for the purpose of determining the alcoholic content of his blood is lav/fully arrested for any offense allegedly committed while the person was driving or operating a vehicle under the influence of intoxicating liquor. If such persons shall be minors, their parents or guardians shall also be deemed to have given such consent. The test shall be incidental to a lawful arrest and administered at the direction of a law enforcement officer having reasonable cause to believe such person was driving or operating a motor vehicle upon a highway while under the influence of intoxicating liquor. Such person shall be informed by the arresting officer that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a vehicle for a period of six months.
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Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of a refusal, shall be deemed not to have with drawn his consent, and such tests may be administered pursuant to the provisions of Section 47 whether or not such person is told that his fail ure to submit to the test will result in the suspension of his privilege to operate a motor vehicle.
(b) If any such person refuses the request of a law enforcement officer to submit to a chemical test, the Department of Public Safety, upon receipt of the sworn statement of a law enforcement officer to the effect that he had reasonable cause to believe that such person had been driving or operating a motor vehicle upon a highway while under the influence of intoxicating liquor and that the person had refused to submit to the test after being requested by the law enforcement officer, shall suspend his license to operate a motor vehicle for a period of six months. No such suspension shall become effective until ten days after the giving of written notice thereof as provided for in subsection (c).
(c) The Department of Public Safety shall immediately notify such person in writing of the proposed action to be taken. Within 15 days of the receipt by the Department of the person's request in writing, the Department shall afford him an opportunity for a hearing in the same manner and under the same conditions as provided in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as the same may now or may hereafter be amended. For the purposes of this Section, the scope of the hearing shall cover the issues of whether the law enforcement officer had reasonable cause to believe the person had been driving or operating a motor vehicle upon a highway while under the influence of intoxicating liquor, whether the person was placed under arrest, whether he refused to submit to the test after being requested to do so by a law enforcement officer, and whether, except for the persons described in subsection (a) above who are incapable of refusing, he had been informed by the arresting officer that his driving privilege would be suspended if he refused to submit to the test.
An application for a hearing made by the affected person within ten days of receiving notice of the proposed action of the Department of Public Safety shall operate to stay the suspension by the Department for a period of fifteen days during which time the Department must afford a hearing. If the Department fails to afford a hearing within fifteen days, the suspension shall not take place until such time as the person is granted a hearing and is notified of the Department's action as hereinafter provided. However, if the affected person requested that the hearing be continued to a date beyond the fifteen-day period, the suspension shall become effective immediately upon receipt of the De partment's notice that said request for continuance has been granted.
If the Department determines upon a hearing of the matter to sus pend the affected person's license to operate a motor vehicle, the sus pension herein provided for shall not become effective until five days after receipt by said person of the Department's notification of such suspension.
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(d) Any person who is afflicted with hemophilia shall be exempt from the blood specimen test required by this Section.
(e) Any person who is afflicted with a heart condition and is using an anticoagulant under the direction of a physician or surgeon shall be exempt from the blood specimen test required by this Section.
(f) Only a licensed physician, registered nurse, medical examiner or ASCP certified medical or laboratory technician or aide acting at the request of a law enforcement officer may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath specimens. Only those persons provided for in subsection (c) of Section 47 shall conduct the appropriate tests to determine the alcoholic content thereof.
(g) Any person who is arrested for driving or operating a vehicle while under the influence of intoxicating liquor shall have the right to demand a blood or breath test to determine the amount or weight of alcohol in his blood. It is mandatory upon the officials in whose custody he shall have been placed after arrest to have a blood or breath specimen taken for the purpose of determining the amount of alcohol in the per son's blood, if the facilities for obtaining such specimens are available in the county of his confinement, and to have said specimen analyzed ac cording to the procedures provided therefor by this Section. The costs of such test shall be borne by the jurisdiction having custody of such arrested person, but in no event shall such jurisdiction be responsible for the payment of such costs which exceed $20.00.
(h) No licensed physician, registered nurse, medical examiner, or ASCP certified medical or laboratory technician or aide shall incur any civil or criminal liability as a result of the proper obtainment of such specimens for the purpose of determining the alcoholic content thereof when requested in writing by a law enforcement officer to administer such a test."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
December 26, 1967
TO: CHAIRMAN AND MEMBERS OF THE HOUSE STANDING EDUCA TION COMMITTEE AND CHAIRMAN AND MEMBERS OF THE SEN ATE EDUCATIONAL MATTERS COMMITTEE
Your Committee to study the "Teachers' Retirement System of Georgia" submits the following report:
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In carrying out its responsibilities the Committee met with the following per sons:
G. E. Pittman, Executive SecretaryTreasurer Teachers' Retirement Sys tem of Georgia Wesley R. Rucker, Deputy Director Teachers' Retirement System of Georgia Prank M. Hughes, Executive Secretary Georgia Education Association E. C. Mitcham, Jr. Director of State and Federal Relations E. C. Martin, Executive Director Georgia Education Improvement Council
FINDINGS AND RECOMMENDATIONS
The Committee found that the law governing the Teachers' Retirement Sys tem of Georgia provides that those members that retired on or before July 1, 1961, receive a minimum pension based on a floor of $5.00 for each year of serv ice up to 40 years. Therefore, such teachers will receive at least $5.00 per month for each year that they have been in service up to 40 years. The result of the $5.00 floor being limited to teachers that retired on or before July 1, 1961 is that, in some instances, teachers who have taught an equal number of years do not receive at least the same minimum benefits as other teachers even though such teachers have participated to the maximum in the retirement system. In fact, the Committee found that in some instances, teachers who have contributed more funds into the system and have been in service for a greater number of years, receive less than other teachers who have contributed less and have been in serv ice for fewer number of years simply because the teachers that contributed more retired after July 1, 1961. The Committee also found that a number of teachers have taught for 40 years or more and receive less than $200.00 per month. There fore, the Committee recommends that the minimum floor apply equally to all teachers who are members of the retirement system regardless of whether they re tired prior to, on, or after July 1, 1961.
The Committee also recommends that the minimum floor of $5.00 be raised to $6.00 so that a retired teacher will receive at least $6.00 per month for each year he has been in service up to a maximum of 40 years. To finance the raising of the floor, the Committee recommends that the teachers contribtition be increased from the present level of 6 per cent of his earnable compensation to 6.25 per cent.
The Committee also found that under the present law a teacher may retire at age 63 with 40 years of service and receive maximum benefits. The Committee recommends that the age be reduced from 63 to 62 so that a teacher may retire at age 62 with 40 years of service and receive maximum benefits.
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/ H. Goodwin Hall H. Goodwin Hall Representative, 67th District Chairman
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/s/ Richard S. Hutchinson Richard S. Hutchinson Representative, 79th District
/s/ Clarence A. Parker Clarence A. Parker Representative, 68th District
/s/ Dewey D. Rush Dewey D. Rush Representative, 75th District
/s/ Lamar D. Northcutt Lamar D. Northcutt Representative, 35th District
/s/ Martin Young Martin Young Senator, 13th District Chairman
/s/ Maylon K. London Maylon K. London Senator, 50th District
/s/ Joseph E. Kennedy Joseph E. Kennedy Senator, 4th District
/s/ Roy V. Noble Roy V. Noble Senator, 19th District
APPENDIX I
A BILL
To be entitled An Act to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for increas ing the employee contribution in order to receive membership service credit for any period of active duty in the military service after July 1, 1968; to provide for increasing the employee contribution; to provide for raising the minimum floor; to provide that the minimum floor shall apply to all teachers that are members of the retirement system; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding at the end of Para graph (ii) of Subsection (6) of Section 4 (originally Subsection (5) of Section 4) the following :
", and at the rate of 6 1/4 percent on the compensation last paid to him as a teacher before entering military service or 6 1/4 percent on the compensation first paid to him as a teacher after returning from
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military service, whichever the case may be, plus 3 1/2 percent interest on said employee contributions compounded annually to date of payment, for any period of active military service subsequent to July 1, 1968.",
so that when so amended Paragraph (ii) of Subsection (6) of Section 4 (origin ally Subsection (5) of Section 4) shall read as follows:
"(ii) Membership service credit shall be awarded for any period of active military service performed after January 1, 1945, provided said person shall pay the regular employee contribution of 5 percent on the compensation last paid to him as a teacher before entering mili tary service or 5 percent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus 3 1/2 percent interest on said employee contributions, com pounded annually to date of payment, for any period of active military service between January 1, 1945, and July 1, 1961, and at the rate of 6 percent on the compensation last paid to him as a teacher before enter ing military service or 6 percent on the compensation first paid to him after returning from military service, whichever the case may be, plus 3 1/2 percent interest on said employee contributions, compounded an nually to date of payment, for any period of active military service subsequent to July 1, 1961, and at the rate of 6 1/4 percent on the com pensation last paid to him as a teacher before entering military service or 6 1/4 percent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus 3 1/2 percent interest on said employee contributions compounded annually to date of payment, for any period of active military service subsequent to July 1, 1968."
Section 2. Said Act is further amended by striking from Paragraph (a) of Subsection (1) of Section 8 the following:
"six per centum",
and inserting in lieu thereof the following:
"six and one-fourth per centum",
so that when so amended Paragraph (a) of Subsection (1) of Section 8 shall read as follows:
"(a) Each employer shall cause to be deducted from the salary of each member for each and every payroll period (after the commencement date) six and one-fourth per centum of his earnable compensation, but the employer shall not have any such deduction made from the compensa tion of a member after the close of the school, fiscal or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit the deduction from compensation for any period less than a full payroll pe riod if a teacher was not a member on the first day of the payroll period,
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and to facilitate in making of deductions the employer may modify the deductions required of any member but not more than one-tenth of one per centum of the annual compensation upon the basis of which such deductions are to be made. Each employer shall immediately pay to the board of trustees, in such manner as the Board shall prescribe the amount deducted, which shall be credited by the Board to the individual accounts in the annuity savings fund of the member from whose com pensation the deductions were made."
Section 3. Said Act is further amended by striking from Paragraph (d) of Subsection 3 of Section 8 the following:
and inserting in lieu thereof:
"6 1/4%",
so that when so amended Paragraph (d) of Subsection 3 of Section 8 shall read as follows:
"(d) In addition to the 6 1/4% contribution of each member for an annuity savings fund as provided for in Section 8, Subsection (1) (a), that part of the cost for pensions under this retirement system which is to be borne by appropriation from the State, payable to the Board of Trustees, shall consist of the normal and accrued liability contribu tions based on the part of the earnable compensation of members payable from state teacher salary funds provided by law, or from funds of the Board of Regents of the University System of Georgia, or from other funds of the State, at the rates provided in Section 8, Subsection (3) (a) and the balance of the cost for pensions, consisting of the normal and accrued liability contributions at the rates provided in Section 8, Subsection (3) (a) based on the part of the earnable compensation of members not payable from State teachers' salary funds or from other funds of the State shall be borne by the employers having contributing members in their employ, and each employer having contributing mem bers in its employ shall pay immediately such contributions to the Board of Trustees, to be credited to the pension accumulation fund."
Section 4. Said Act is further amended by striking from Section 9 of an amendatory Act, approved April 5, 1961 (Ga. Laws 1961, p. 392), as amended, the following :
"those members retired on or before July 1, 1961, until a minimum floor of five ($5.00) dollars",
and inserting in lieu thereof the following:
"for all retired members until a minimum floor of six ($6.00) dollars per month",
and by striking in the last sentence of Section 9 the following:
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"five ($5.00) dollar floor",
and inserting in lieu thereof the following:
"six ($6.00) dollar floor",
so that when so amended Section 9 shall read as follows:
"Section 9. Also, the board of trustees shall after an actuarial in vestigation into the benefit structure of the system, study the benefits being paid to the retired members prior to the effective date of this bill with authority to increase their retirement allowances in keeping with actuarial soundness of the system. The board of trustees in hereby re quired to make available semi-annually such funds as the income of the State will allow to the retirement structure for all retired members until a minimum floor of six ($6.00) dollars per month for each year of serv ice up to 40 years is reached. If the funds made available semi-annually are not sufficient to fully finance said aforementioned floor the amount necessary to reach said floor or any part thereof may be authorized by the Budget Bureau to be paid from State funds. Provided, however, that the contribution of the State funds, shall be reduced as the funds made available from the income of the retirement system is increased. Said practice shall continue until the retirement system can absorb the entire cost of maintaining said minimum six ($6.00) dollar floor."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
TO: THE GOVERNOR, LIEUTEUANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF THE PROPERTY EVALUATION SUBCOMMITTEE OF THE STANDING HOUSE EDUCATION COMMITTEE ******
THE COMMITTEE
Honorable H. Walstein Parker Representative, 55th District Chairman Honorable Robert H. Farrar Representative, 118th District Secretary Honorable Preston B. Lewis Representative, 50th District
Honorable Robert C. Pafford Representative, 97th District Honorable Joe Mack Wilson Representative, 102nd District Honorable Walt Davis Representative, 119th District
December, 1967
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REPORT OF THE PROPERTY EVALUATION SUBCOMMITTEE OF THE STANDING HOUSE EDUCATION COMMITTEE
INTRODUCTION:
Members of the Subcommittee: Honorable H. Walstein Parker Representative, 55th District Chairman Honorable Robert H. Farrar Representative, 118th District Secretary Honorable Preston B. Lewis Representative, 50th District
Honorable Robert C. Pafford Representative, 97th District Honorable Joe Mack Wilson Representative, 102nd District Honorable Walt Davis Representative, 119th District
The purpose of this Subcommittee was to study all matters concerning the relationship between property evaluation and Senate Bill No. 180 establishing a new Minimum Foundation Program of Education. In order to complete these assigned tasks, the Subcommittee has met pursuant to its authority to prepare details of this report based on evidence received by it. Testimony was requested and received from officials and personnel of the following:
Honorable E. B. Davis, State Department of Audits and Accounts Dr. R. L. Johns, Head of the Department of Education Administration, University of Florida Mr. Jerald B. Searle, Hunnicutt and Associates, Inc. Dr. Jack P. Nix, State Department of Education
After collecting information from these sources, the Subcommittee has pre pared the following report.
GENERAL STATEMENT OF FINDINGS:
The financing of Georgia public school systems is a major responsibility of both the state government and of our local school districts.
The new Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, hereinafter referred to as SB 180, is resulting in improvement in the quality of education in our state and a com mensurate increase in school costs. Prior to the passage of SB 180, the state paid 85% of the Minimum Foundation costs and the local system collectively paid 15%. Beginning in 1965-66, the state was to reduce its share by 1% each year until it is paying 80%, and the local district increased its share by 1% until it is pay ing 20 % of the cost. After this the state will continue at an 80% share and the local district at 20%. For the fiscal year 1967-68, the ratio is 82:18, and legisla tion now requires the local effort to increase at 1/2 of 1% after 1968.
Many people have questioned whether there should be any local share. Why not, they ask, since all the money is coming from the local districts anyway, let the state pay all the costs?
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It is believed that we will have better schools if local people pay a portion of the cost. Local communities do not want to completely turn control of their schools over to the state. By paying a portion of the cost, local people will see that the money is not wasted and that schools will be operated to fit the needs of the community.
S. B. No. 180 inaugurated a new formula for measuring the ability of each local school system to pay its fair share of the total local effort. Based on local property evaluation, because this is the major source of local tax revenue, it is theoretically an accurate method of measuring ability to pay, but the change from the old "economic index" formula has caused a large increase in required local effort for some school systems which had been considered relatively poor under the old formula.
Pursuant to the Act requiring the State Auditor to establish an equalized adjusted school property tax digest for each county in the state and for the state as a whole, excluding therefrom real and personal property exempted from taxation for school purposes, approved March 18, 1964 (Ga. Laws 1964, p. 706), herein after referred to as S. B. 191, the only factor used is the evaluation of taxable property located within the school district. The State Auditor was given the re sponsibility of evaluating property using a method based primarily on actual sales of property within the school district during the last five years. This is, theoretically, an accurate measure of ability to pay, because local property evalution is the primary source of local school taxes.
The Subcommittee reviewed the progress of the Minimum Foundation Pro gram since 1964. The people who appeared before the Subscommittee felt Geor gia has an outstanding Minimum Foundation Program, and it should be fully implemented.
Local effort should be retained to insure a healthy educational program for each system. The percentage of local effort was discussed in the range of 17 to 20 percent. The local effort features of the program should be retained, but no definite decision was agreed upon on the percent of local effort. For fiscal year 1968-69 and thereafter local effort will increase at 1/2 of 1% each year until the state pays 80% and local sources 20%.
Most counties in Georgia are in the process of reevaluation of property for 1968. The State of Georgia could save approximately $100,000 as there would be no real change in evaluation. There would be no need for private evaluation if the counties are already performing this function.
After 1967, revenue estimates would be used rather than sales.
The Subcommittee was also concerned that part of the local effort paid is lost when educational funds lapse. Line item appropriations to the State Department of Education if not used are lapsed back to the general state fund, but the local effort is not returned to local sources. The money lapsed back to the state goes in to the general fund and is used for purposes other than education. Legislation has been drawn to return local effort on lapsed funds.
INTERIM COMMITTEE REPORTS
3477
RECOMMENDATIONS:
1. That legislation be enacted relieving the State Auditor of the responsibil ity of evaluating property under S. B. No. 191 and transferring responsibility to the Department of Revenue.
2. That legislation be enacted to return local effort on lapsed funds to local systems on the basis of state earned allocated teachers. (See Appendix)
Respectfully submitted,
/a/ H. Walstein Parker H. Walstein Parker
Representative, 55th District Chairman
APPENDIX A
Provided further, that all funds appropriated under this Act for purposes authorized by the Minimum Foundation Program of Education Act (Ga. Code Ann. 32-601 et seq.) which are not expended during the fiscal year shall be prorated and distributed to the local school systems of this State as a supplement to the maintenance and operation funds provided for in Ga. Ann. 32-613. The amount of funds to be distributed to each school system shall be determined by dividing the total unspent Foundation funds by the total number of teachers alloted throughout the State under Ga. Code Ann. 32-611 and 32-620 and then distri buting to each system that amount per teacher multiplied by the total number of teachers alloted to that system under Ga. Code Ann. 32-611 and 32-620.
Note: (1) Depending upon the location of this proviso (to wit: whether there are other provisos before it or not) the second word, i.e., "further," could or could not be eliminated.
(2) The use of the phrase "Local school systems" in the first sentence would exclude area school systems. If it is desired that area systems be included, the phrase should read "local and area school systems."
APPENDIX B
A RESOLUTION
Directing the State Revenue Commissioner to undertake a complete, exhaus tive examination of properties owned by public utilities in order to ascertain their true fair market values for ad valorem taxation purposes, and to assign said true fair market values to said properties; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
WHEREAS, the State Government, in order to efficiently and effectively carry out its constitutional responsibilities to the citizenry of Georgia, must adhere to sound financial principles and policies; and
3478
JOURNAL OF THE HOUSE,
WHEREAS, over the past few years, practically all of the counties have undertaken to redetermine the valuation of properties owned by private interests in order to assign realistic values for ad valorem taxation purposes; and
WHEKEAS, the returns of public utilities are made to the State Revenue Commissioner, and not to the county governments, and a revaluation of property owned by public utilities has not been undertaken in recent years; and
WHEREAS, there exists a disproportionate tax burden as between public utilities and private interests, and financial responsibility requires that the State Revenue Commissioner immediately implement the procedures provided by law to assign proper values to properties owned by public utilities doing business in the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEM BLY OF GEORGIA that the State Revenue Commissioner is hereby directed to immediately conduct a complete, exhaustive examination, and to assign the true fair market value to all properties returned to him for ad valorem taxation by public utilities.
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 ELECTION LAWS STUDY COMMITTEE
(Senate Resolution No. 88)
THE COMMITTEE
Honorable J. Roy McCracken Representative, 49th District Chairman Honorable T. Kenneth Kilpatrick Senator, 44th District Vice Chairman Mrs. Melba Williams Member, State Election Board Secretary Honorable Julian Webb Senator, llth District Honorable J. Steverson Knight Senator, 16th District Honorable Oliver C. Bateman Senator, 27th District Honorable Paul C. Broun Senator, 46th District Honorable Horace T. Ward Senator, 39th District Honorable Jay D. Gardner Senator, 1st District
Honorable E. Roy Lambert Representative, 38th District Honorable Regnald Maxwell, Jr. Representative, 106th District Honorable Joe C. Underwood Representative, 61st District Honorable Harry Mixon Representative, 81st District Honorable William J. Wiggins Representative, 32nd District Honorable Joe S. Higginbotham Representative, 119th District Honorable Dubignion Douglas Representative, 60th District Honorable Ben W. Fortson, Jr. Secretary of State Honorable Arthur K. Bolton Attorney General Mr. Bill Blanks Member, State Election Board
INTERIM COMMITTEE REPORTS
3479
REPORT OF THE ELECTIONS LAWS STUDY COMMITTEE
The Election Laws Study Committee was appointed pursuant to the authority of Senate resolution No. 88. During the initial phases of the Committee's study and investigation, a great deal of time was consumed in a review of Senate Bill No. 151, the so-called "Municipal Election Code". During the course of the Com mittee's review of this bill, the Committee arrived at the conclusion that in order for any workable municipal election code to be adopted, it would be necessary that the municipal election code provisions be divorced from the rather detailed and complicated provisions of the Election Code. Acting upon this finding, the Com mittee proceeded to prepare a substitute for Senate Bill No. 151 dealing only with municipal elections. Such substitute will be recommended to the General Assembly for passage.
After disposing of the municipal election code, the Committee then reviewed all election bills which had been introduced at the 1967 session of the General Assembly. Many of these bills, in the judgment of the Committee, were meritorious and deserve the attention of the General Assembly. However, because of the limited time available to the Committee and the exhaustive nature of some of these bills, the Committee recommends the adoption only of House Bill No. 75, which is a bill that prohibits all persons from soliciting votes within 250 feet of any polling place, House Bill No. 248, which authorizes newly arrived residents in the State who have not otherwise met the residential requirements to cast their votes for President, Vice-President, Governor and Lieutenant Governor, and Senate Bill No. 181, which provides that an incumbent independent shall not be required to again secure a nomination petition if he chooses to seek reelection.
The Committee's failure to recommend the adoption of any other bill coming before its consideration is not to be construed as an expression of approval or disapproval of the merits of the legislation. It should be understood that the Com mittee acted only on those items which it felt were imperative and did not recom mend bills which were of such a nature that an exhaustive study of their potential effects was required because the Committee did not have sufficient time to devote to such a study.
The Committee then undertook to draft legislation in the following areas which, in the Committee's judgment, requires immediate attention before the next general election:
A bill to increase from $25 to $50 the per diem authorized for members of the State Election Board, other than the Secretary of State.
A bill to extend the jurisidiction of the State Election Board to include pri maries as well as elections.
A bill to require that at least one vote recorder for each 300 electors be pro vided in each election district using vote recorders. The present requirement is one vote recorder for each 600 electors.
A bill to require that the size of an election district must be reduced so that it does not contain more than 2,000 electors, if, at the last general election, voting had not been completed by one hour after the polls closed.
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A bill to require candidates who have been nominated by a convention to file their notice of candidacy at least 60 days prior to the general election.
A bill to amend the Election Code to provide that a straight party vote does not cast a vote for that party's nominees for the office of presidential electors, but requires a separate and independent mark or voting action upon the part of the elector to cast a vote for the office of presidential electors. In 1965 the Election Code was amended to require that the candidates for office of presidential electors be listed in a separate column on the ballot and ballot labels. This bill conforms the other provisions of the Election Code to that amendment.
A Bill to provide that in the event an elector votes a straight party ticket and then casts a vote for a candidate which is not a nominee of the political party for which he has cast a straight party vote, his vote will be counted for the individual candidate which the elector by his action has indicated he desires to receive the same, and a vote will be counted for all other candidates on the straight party ticket.
A bill to amend the Election Code to provide:
(1) That the tax commissioner or collector shall be a deputy registrar in those counties which do not have a board of registrars which maintains an office which is open during regular office hours on weekdays;
(2) That the main office of the registrar shall remain open for business dur ing regular office hours of each weekday;
(3) For a simplification of the registration process;
(4) That, except for electors voting by absentee ballot, electors may vote only in the election district in which they are registered;
(5) That no person shall be a candidate in a primary for more than one of certain listed offices;
(6) For a change in the requirements and composition of conventions to provide substitute nominations;
(7) That nomination petitions must be signed by at least five percent of the number of electors eligible to vote for candidates for the office the candidate is seeking at the last general election;
(8) That in primaries paper ballots shall be marked by a "check" or "cross" mark rather than striking through;
(9) That the form of ballot labels for vote recorders may be changed in order to present a clear presentation of candidates and questions to the electors, and that the Secretary of State prescribe the form of the ballot labels;
(10) That if an elector has marked his ballot in such a manner to indicate clearly the candidate for whom he desires to vote, his ballot shall be counted even
INTERIM COMMITTEE REPORTS
3481
though he may have marked his ballot in some manner other than as prescribed by the Code;
(11) That write-in votes may not be cast in primaries;
(12) For a change in the method of folding the ballot prior to depositing the ballot in the ballot box;
(13) For an increase from one to five in the number of electors any one person may assist in voting;
(14) That a poll officer may vote by absentee ballot;
(15) That a postal employee designated by the postmaster may sign the jurat for an absentee ballot;
(16) That any aggrieved elector, rather than any five electors, may contest an election.
A bill to require political parties to establish rules and regulations governing the nomination of candidates by petition. This bill also requires nomination con ventions to be held at least 90 days prior to the day on which primaries are con ducted and requires that condidates nominated by convention must pay the same qualification fee which independent candidates are required to pay.
A Resolution proposing an amendment to the Constitution to provide that the Lieutenant Governor-Elect shall succeed to the Governorship in the event of the death of the Governor-Elect.
A Resolution proposing an amendment to the Constitution to provide for a runoff election in the event no candidate for governor receives a majority in the general election.
During the course of the Committee's study, it became apparent that the pre sent Election Code is a rather cumbersome and confusing document, and that it should, as soon as possible, be completely revised in order that the election pro cesses might be set forth clearly and in an understandable fashion. In order to accomplish this rather ambitious purpose, the Committee further recommends that a new interim study committee on election laws be created for the purpose of completely revising the Georgia Election Code.
Respectfully submitted,
/s/ J. Roy McCracken J. Roy McCracken Representative, 49th District
3482
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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
Jjs * # * * *
REPORT OF THE GEORGIA FIREMEN TRAINING ACADEMY STUDY COMMITTE
THE COMMITTEE
Honorable B. Jack Sullivan Representative, 95th District Chairman Honorable Joe F. Ragland Representative, 109th District Secretary Honorable C. Ed Berry Representative, 110th District Honorable Alan S. Gaynor Representative, 114th District Honorable Tom L. Shanahan Representative, 8th District Honorable James L. Bentley Georgia State Safety Fire Commissioner
Honorable Harrison W. Bray President, Association of County Commissioners of Georgia Honorable John L. Cromartie President, Georgia Municipal Association. Honorable T. R. Nichols President, Georgia State Firemen's Association Dr. George L. Simpson, Jr. Chancellor, Board of Regents
December, 1967.
REPORT OF THE GEORGIA FIREMEN TRAINING ACADEMY STUDY COMMITTEE INTRODUCTION
The Georgia Firemen Training Academy Study Committee was created pur suant to the provisions of H. R. 182. The Committee was made up of five mem bers of the House of Representatives, appointed by the Speaker, and five nonlegislative members, designated in the creating resolution. The names of the members of the Committee and the positions they hold are shown on the cover page of this report.
The creating resolution provided that the committee would elect its own Chairman from the legislative membership of the Committee.
At the organizational meeting of the Committee held on May 29, 1967, at the State Capitol, Representative B. Jack Sullivan was duly elected Chairman, and Representative Joe F. Ragland was elected Secretary.
The Committee established a quorum of five for the transaction of business.
The creating resolution charged the Committee with the responsibility of stu dying the need, feasibility and ways and means of establishing a Firemen Train ing Academy for the State of Georgia.
The following report sets forth the Committee's findings and conclusions and recommendations based on its study.
INTERIM COMMITTEE REPORTS
3483
FINDINGS
The Committee found that the need for a fireman training program has long been recognized, not only in Georgia, but in most of the other states. In 1966, thirty-four states conducted training programs involving 125,000 firemen. The beginning of Georgia's program dates back to the early 1930's when the Industrial Education Department of Georgia Tech appointed a group of leaders in the Georgia fire service to serve as training coordinators within their respective areas. World War II disrupted the program but was resumed in 1947, and by 1957, some 2,500 firemen were enrolled in training classes. In 1958, the Georgia Fire Institute was established at Georgia Tech which began offering training for firemen at the Institute and in zone areas, as well as courses in basic firemanship. The program offered by the Fire Institute of Georgia Tech has grown from an enrollment of fire fighters in organized training classes of 2,600 in 1958 to 4,100 in 1967.
The Committee heard testimony from Mr. Bruce Cox and Mr. Harold Thomp son of the Georgia Fire Institute, and from several members of the Georgia Fire men's Association to the effect that the training in Georgia in basic firemanship has been, and still is, quite good as compared to the other states, although there is some need for expansion of the program.
It appears, however, that Georgia is lagging seriously behind some of the states in providing the kind of highly technical training that is required for the complicated nature of modern fire fighting and prevention. Obviously, training in general firemanship is certainly still necessary, but this kind of training is not comprehensive enough for the problems associated with modern fire fighting. According to the Fire Training Facilities Committee of the Georgia State Fire men's Association, modern fire fighting involves the technical knowledge and manipulative skills of approximately 40 different vocations. Without enumerating the various skills required, the problems which are involved with raising water hundreds of feet above the ground to fight a fire on the 30th floor of a modern office building, and the complicated nature of fires caused by modern chemicals, could be mentioned by way of example.
Several other states have recognized that highly technical training is required for today's firemen. For example, the University of Southern California at Los Angeles offers a Master's and Bachelor's Degree in fire department administra tion; the Illinois Institute of Technology offers a Bachelor's Degree in fire pro tection engineering, and the University of Maryland offers a Bachelor's Degree in fire protection, and twelve states have universities, colleges and technical institutes that offer two year associate degree programs in various forms of fire training.
During its deliberations the Committee decided that it needed a great deal of information from those persons who are directly associated with fire fighting and fire training in the State of Georgia. For example, the Committee wished to obtain information relating to the type of fire protection which is presently being offered by the various departments of the State; information concerning training which is available to the firemen of the State; information concerning the attitude of the fire department personnel as to the feasibility of establishing a training center and offering a two year associate degree in fire protection technology or fire administration; information concerning the courses of study which might be offered by such a training center; information concerning the projected partici pation in such a training center; and finally information concerning financing
3484
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such a training center. As a result, the Committee devised a comprehensive ques tionnaire which was mailed to all the fire departments throughout the State and to certain counties and private industries in the State. The results that the Com mittee received from this questionnaire have been compiled and are attached to and made a part of this report as Appendix 1.
CONCLUSIONS AND RECOMMENDATIONS
Based on its findings and deliberations, the Committee has concluded that there is a definite need in Georgia to provide a higher level of training for fire men than is being offered at the present time. In this connection, the Committee believes that Georgia should be providing training similar to that which is already being provided by many of the other states in order to provide the kind of fire protection that is required by today's standards. In short, an adequate modern fireman training center should be established for the State of Georgia.
The Committee further believes that this center should take the form of an expansion of the Fire Institute at Georgia Tech. Not only do the skills required of the modern fireman involve higher education, but the knowledge and experience that the Fire Institute has already gained in this important field should be fully utilized in developing a fireman training center.
The Committee has concluded, however, that it does not have at this time ade quate information to make a concrete proposal to the General Assembly outlining the requirements associated with establishing an adequate fireman training cen ter. For example, information is needed concerning the physical facilities re quired to establish the training center; the location of the training center, in cluding whether or not it should be set up on a regional basis; information con cerning the personnel that would be required, and finally, information concerning the costs that would be involved in establishing and maintaining the center.
A study is being undertaken by the Fire Institute at Georgia Tech which will provide this needed information. This study should be completed during 1968, and the Committee believes that it will be very important for the General Assembly to take full advantage of the information gathered when the study has been com pleted. As a result, the Committee recommends that an interim committee be created at the 1968 session of the General Assembly to make such further studies as it deems advisable relating to the creation of a fire training center and to ana lyze the results of the study being made by the Fire Institute at Georgia Tech. By utilizing that information, the next Committee would be able to make an appropri ate report to the 1969 session of the General Assembly setting forth a concrete proposal, including cost estimates, for establishing an adequate fire training center lor the State of Georgia.
In conclusion, the Committee believes that the investment necessary to pro vide our firemen with the kind of training necessary to insure that Georgia has adequate fire protection will be returned many times through the lives and prop erty that will be saved, and through attracting more industry to our State and lowering fire insurance rates.
Respectfully submitted,
/s/ B. Jack Sullivan B. Jack Sullivan Representative, 95th District Chairman
INTERIM COMMITTEE REPORTS
3485
APPENDIX I
FIRE QUESTIONNAIRE RESULTS
The questionnaire was designed to give some idea of the type of fire protec tion which is presently offered by each department; the training which members of each department have received; the general attitude of each department head as to the feasibility of a training center and a two-year degree in Fire Protection Technology or Fire Administration; the courses of study which might be offered by a training center; the projected participation, both in courses at the training center and in local training by qualified instructors; and, finally, ideas in regard to financing the suggested program. The results of the questionnaire are as follows:
RETURN
Of some 430 questionnaires which were mailed out, 196 (45.6%) were re turned. One hundred and ninety units reported fire protection, while four said they have none; one answered "limited" and another failed to respond to the particular question.
Note: Most respondents left some part of the questionnaire blank.
TYPE OF PROTECTION
The following table reflects the response to the question, "What is the insur ance rate classification of your jurisdiction?"
STATEWIDE
Insurance Rate
3 4 5 6 7 8 9 10 11 13
No. of Units
7 11
7 26 32 55
9 4 2 1
STATEWIDE, OMITTING CITIES OF 25,000 AND ABOVE
Insurance Rate
No. of Units
3
0
4
9
5
6
6
26
7
32
8
55
9
9
10
4
11
2
13
1
Statewide
The mean insurance rate for the 140 departments which report either single rate or multirates is 6.98, while the median rate is 7.0.
Statewide, Omitting Cities of 25,000 and Above
The mean insurance rate for the 129 responding departments, exclusive of departments in cities above 25,000 population, is 7.25 and the median rate is 7.0.
Note: The mean insurance rate classification for 106 units which reported experi ence at state, area, zone or local fire training schools was 6.8. For 34 units which claimed no fire training experience, other than their own, the mean rate was 8.0.
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PERSONNEL
Full Time
Twenty-six of the responding fire departments operate with full time paid firemen exclusively. An additional 52 units reported the use of one or more full time firemen. With these 78 departments a total of 3,077 full time firemen are employed representing public (2,620), military (441) and industrial firemen (16).
Note. Omitting cities of 25,000 or more, there were 1,305 full time paid firemen reported, of which 441 were on federal payrolls.
Part Time
The total of volunteer firemen reported for the entire state is 3,769. Part paid volunteers represent 166 of the total while 3,603 are non-paid volunteers. Twelve private businesses use 541 non-paid volunteers.
PRESENT TRAINING
One hundred and seventy-seven departments reported their own training pro grams: daily training--41 departments; weekly--53 departments; monthly--54 departments. Bi-weekly and bi-monthly training is also reported by some units. Thirteen departments reported no training whatsoever, 11 of these being from cities of less than 5,000 population.
Question: "Do the personnel in your department now participate in any of the state, zone, area or local training sessions?"
Response: Yes--123; No--63.
State--52 units Zone--43 units Area--34 units Local--38 units
Forty-one of the negative responses were from cities of less than 5,000 population.
Note: The Georgia Fire Institute, Georgia Institute of Technology, reports an enrollment of 4,109 students for the fiscal year ending June 30, 1967. The enrollment represents 300 (75%) of the fire departments in Georgia, according to a report prepared by Mr. Bruce Cox of the Institute.
INTERIM COMMITTEE REPORTS
3487
TRAINING CENTER FEASIBILITY
Question: "Would a training center for fire fighters be beneficial to the members of the your department or company?"
Response: Affirmative--175 (89.2%)
Negative--12 Qualified-- 9
Fire departments in incorporated areas of 5,000 population or less reported 91.5% in the affirmative. Atlanta reported having its own training center. The greatest proportion of negative votes (3) in any one group was from the 12 businesses.
When asked if members of their departments would take advantage of the training center, 163 respondents said "yes," and 12 "no." In the group of cities of 25,000 population and above, where all department personnel are on a "full time-paid" basis, the mean estimate of class participation at the center by depart ment personnel on a continuing basis was 24.6%. The lowest mean estimate for any on group came from military installations which reflected a continuing partici pation of 24%.
One hundred and fifty-three units estimated the percentage of participation in a local part time training program taught by a Georgia Fire Institute Instruc tor at 80.8%, if such training were made available.
DEGREE PROGRAM FEASIBILITY
Question: "Should a two-year Associate Degree program in Fire Protection Technology or Fire Administration be offered, would some of your personnel take advantage of it?"
Response. Yes--100
No--53 Qualified--29
Thirty-eight of the 53 negative responses came from cities below 5,000 popula tion, which was a group registered only 33.8% affirmative. Eighty-seven respond ents would consider taking such courses of study themselves. Virtually "complete cooperation" could be expected in regard to arranging work schedules to allow men to take advantage of training. Only 29 registered "no," most of which quali fied their answers by explaining that they were volunteer units and as such were not in control of that factor.
SUGGESTED COURSES
When asked to indicate which courses listed on the questionnaire would be advantageous to their departments, the respondents incidated the following:
Responses
159 126
Courses
Basic Fire Fighting First Class or Advanced Fire Fighting
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107
Inspection
75
Driver Training
72
Hydraulics
65
Fire Fighter's Mathematics
84
Officership--Company Level
55
Officership--Command Level
69
Officership--Chief Level
100
Arson Investigation
57
Human Relations
82
Public Relations
95
Instructor Training
127
First Aid
67
Radiation Hazards
27
Photography
13
Marine Fire Fighting
72
Aircraft Crash and Rescue
98
Industrial Fire Protection
A number of additional possible courses were suggested:
Letter Writing and Record Keeping
Legal Training in the Field of Fire Prevention Traffic Control at Fires Radio and Telephone Communications General and Preventive Maintenance on Equipment Rescue Handling of Gas, Petroleum, Chemical and Electrical Fires Handling of Explosives Automatic Sprinklers and Alarm Systems
FINANCING
Question: "How much of the cost of sending the individual fireman for train ing do you feel should be paid by the local (city or county) government?"
Response
Statewide Statewide,
Omitting cities of 25,000 and above Cities below 5,000 Business
PercentAll None age
Other
81 25 44 Numerous
74 24 42 44 12 14
220
Numerous 12-50% 6-50%
Other suggestions for financing the cost of the proposed training usually
involved the state government. Fort Gordon suggested tuition for the training center programs, while Moody Air Force Base thought an increased rate on fire insurance with those funds earmarked for the program was a good idea. A few
INTERIM COMMITTEE REPORTS
3489
respondents suggested that civic clubs might take it upon themselves to raise the original funds. The Federal Penitentiary in Atlanta suggested federal funds.
Chief J. B. Hobbs of the Seventh District Fire Department in Chatham County said:
"I understand that the insurance companies in some states give addi tional rate classification to fire departments that send members to the fire academy, after the men pass the required classes. This local money saved on insurance premiums might be turned back to the state of Georgia."
Fire equipment companies and county governments were also suggested as pos sible sources of revenue.
Note: "The City of Quitman made a comment in regard to a term of duty for fire men after completing training which is financed by local government.
SUPPORT
Question: "Would the members of your department or company support legis lation providing funds for constructing, maintaining and operating such a train ing center in Georgia?"
Response: Yes--163 No--8
Three negative votes came from industry; four came from cities of 5,000 population or less which doubted that they would be able to make use of the center.
Note Their support would probably be for their conception of the training center and program. This question is not the type that can be a good indicator.
COMMENTS
In addition to the information specifically requested, several pertinent com ments were volunteered. Local training programs were mentioned by some small units as the best means for reaching their volunteers who had other responsibili ties which would keep them from being able to participate in courses at a training center.
1. "Due to the fact that 90% of the fire departments in the state of Georgia are volunteer, the biggest help to these departments would be for them to be able to get a qualified instructor from Georgia Tech (for local classes)." Chief J. B. Hobbs, Seventh District Fire Department, Inc., Chatham, County.
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2. "Since the fire insurance rate in the state of Georgia is based on fire protection statewide, I feel that this training center properly used will lower the basic rates for the entire state, showing to be very profitable. Also, it will be very encouraging to industry to know that we have the training center whereby they can send their personnel to be trained in fire protection for their plants."
Chief R. M. Adams, Bainbridge.
3. "Training should be tailored to the various needs of each department." Chief Charles E. Weir, St. Mary's.
4. "The former Chief of the Clarkesville Fire Department, Frank Hill, did a preliminary survey on the possibility of establishing such a school about five years ago. In his proposal there would have been two such training centers in the state--one at North Georgia Technical and Vocational School and one at South Georgia Training and Vocational School. We would be able to use facilities already owned by the state with a minimum of cost for expansion to perform such a service. The advantages of having two schools in the state should be explored."
Chief Claude Marcus, Clarkesville.
5. "Georgia is one of two states in the country that does not have a state training school! I think this speaks for itself."
Chief D. B. Foster, Valdosta.
September 29, 1967 ********
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 SUBCOMMITTEE ON TRAINING AND QUALIFICATIONS OF ENFORCEMENT OFFICERS OF THE
STANDING HOUSE GAME AND FISH COMMITTEE
(House Resolution No. 3)
********
THE COMMITTEE
Honorable Robert H. Walling, Chmn. Representative, 118th District Honorable Kent Dickinson, Secretary Representative, 27th District Honorable Joe S. Higginbotham Representative, 119th District Honorable W. Harvey Jordan Representative, 78th District
Honorable Dick Lane Representative, 126th District Honorable W. B. Malone Representative, 117th District Honorable Thomas A. Roach Representative, 15th District Honorable William J. Cox Representative, 127th District
March, 1968
INTERIM COMMITTEE REPORTS
3491
The sub-committee appointed to study the need for additional training and higher qualifications of enforcement officers of the Game and Fish Commission has completed its study and submit herewith the report of its findings and recommendations.
BACKGROUND
Fifty years ago, Georgia had approximately twenty thousand hunters and fishermen within her boundaries. Today this figure has grown to more than one million. As man strives to meet the mounting daily pressures of an affluent society, he must turn more and more to some type of recreation, or succumb to a miserable existence of complications and coronaries. As people realize this need to involve themselves in some type of relaxation, more people turn to hunting and fishing to fill this need, thus creating a greater responsibility for our Game and Fish Department. If the trend in the increase of hunters and fishermen merely continues at the present rate, the next fifty years will see an additional three million hunters and fishermen in Georgia.
To meet this challenge and to provide the necessary hunting and fishing will demand the very best of every man and woman involved in the work of wildlife conservation in our State. Georgia is blessed with a habitat that lends itself to almost all of the more desirable species of the game and fish. As a result the hunter and fisherman in our State expects to fill his game bag or creel basket on each outing, and this can be done only if the most progressive wildlife conservation programs are carried out by personnel of our Game and Fish Department who are the most qualified, conscientiuos and best trained that can be provided. The study and resulting recommendations of this sub-committee are intended to help assure qualified personnel which will in turn provide maximum benefits to Georgia's sportsmen.
SCOPE OF STUDY
During our studies, we have contacted representatives of the Missouri Con servation Department and the North Carolina Wildlife Resources Commission. These two states are regarded as having two of the finest conservation officer training programs in the nation. In addition to the representatives of these two states, we also conferred with Director George T. Bagby and various other per sonnel of the State Game and Fish Commission, Mr. James L. Adams, President of the Georgia Sportsmen's Federation, officials of the Georgia Police Academy and officials of the Georgia Center for Continuing Education at Athens. We also inspected a proposed location for a training school on Lake Seminole in southwest Georgia. Each of the persons with whom we conferred emphasized that selection and training of enforcement officers were probably the two important undertak ings of any conservation program since the success of the entire program of the department depended on their qualifications, ability and knowledge.
TRAINING IMPORTANT
In Georgia, as in most other states, the wildlife ranger is the man the public generally knows as "Mr. Game and Fish Department." How well he carries out his duties, how fairly he deals with the public, and especially how well he is able to answer the questions put to him day by day by the public reflects directly on
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the entire department and determines the degree of respect the department re ceives over the state. This sub-committee feels the importance of proper selection and training cannot be over-emphasized.
TRAINING NEGLECTED
Georgia's opportunity to move into the forefront of the national wildlife conservation picture has never been greater than it is today. In the past few years, we have made tremendous progress in many phases of our Game and Fish Department and there is every reason to believe that this progress will continue The one area that stands out as the most neglected, throughout the history of the department, is the area of selecting and training enforcement officers.
POLITICAL FAVORITISM DOES DISSERVICE
From the very inception of the enforcement division, the department has been influenced in the hiring of wildlife rangers by members of the General Assembly and others throughout the state with political connections. While this political favoritism is not as evident today as it has been, there is still reason to believe that hiring is still not based solely on a merit basis in all cases. Persons qualified for employment should not have to depend on politics to gain employment, and persons not qualified should not be employed, regardless of the political support which they might have. Political favoritism is a disservice to the department and to the sportsmen of our State who depend on the department to provide hunting and fishing.
SOME PERSONNEL EXCEPTIONALLY QUALIFIED
In spite of the methods used, the department in past years has managed to recruit some exceptionally qualified personnel; however, the department has had more than its share of unqualified personnel. This fact is pointed out both from conversations with employees and from the high rate of personnel turnover in Georgia when compared with turnover in states with a comprehensive program of selection and training.
PRESENT SYSTEM UNSATISFACTORY
At the present time, the department uses a "buddy system" of training new enforcement personnel. This system involves placing a new man with an experi enced man to work for a period of time, usually from three to six months. This system leaves much to be desired. If the new employee's "buddy" happens to be an energetic, conscientious officer, there is a good chance that the new employee will be a good officer. If, on the other hand, the experienced "buddy" is a deadbeat, the chances are the new employee will be infected with the same attitude. Every effort should be made to eliminate any element of chances in cultivating the right attitude in the new employee and the best way to eliminate element of chance is to provide adequate training facilities for such employees and to require the satisfactory completion of the training program. Again, it should be pointed out that some competent, dedicated men have evolved out of the present system, but this is in spite of it, and not because of it.
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PROBLEMS FORESEEN IN TRAINING PROGRAM
A comprehensive pre-employment training program and a regularly sched uled in-service refresher course for enforcement personnel is absolutely necessary if the Game and Fish Department is to meet its obligations to the citizens of Georgia. Such a program as we envision will not be easy to establish in our State. Some employees, and possibly even some commission members, may be expected to resist a training program. The department and its work is growing and becom ing more important and will continue to grow and become even more important and each employee must be prepared to grow with the department and to accept more responsibility as they grow. If we should ever reach the point where the employees become stagnant and no longer develop, then the department will also stop growing and that will mark the end of wildlife conservation in Georgia.
THREE-PHASE PROGRAM NEEDED
A three-phase training program is needed and should be given top priority within the department. This program should consist of: (1) A pre-employment training program for all employees; (2) An in-service review program to be held at least annually, and more often if circumstances dictate;
(3) An advance training program for potential leaders within the depart ment.
Here it should be pointed out that personnel employed to work on the tidal and salt waters of our State would need training that would not be necessary for other employees. Chart reading and tides are only two of the subjects which coastal employees would need in addition to the standard training program. It is therefore recommended that employees who are assigned to coastal Georgia be given additional training after completing the standard six weeks program. It will probably be desirable to continue this training at a location other than that used for the standard training program, possibly at the Brunswick office of the Commission where sleeping facilities are available. This would provide the proper environment for this special training. Details of this training should be worked out by the training officer.
PRE-EMPLOYMENT TRAINING FOR ENFORCEMENT PERSONNEL
The pre-employment training program for wildlife rangers will probably require a minimum of six weeks to adequately cover the necessary subject matter. Major emphasis should be given to a study of Georgia's laws dealing with wildlife and search and seizure as well as state and federal court decisions on these sub jects. Needless to say, these subjects must be taught by someone thoroughly familiar with the laws and court decisions affecting them. The quality of the training in all subjects can only be as good as the instructor. We recommend that pre-employment training for enforcement personel include the following subject matter: orientation; Georgia's wildlife laws; Georgia's boating laws; ecology of Georgia; basic concepts of wildlife conservation; basic game management; basic fish management; fish, game and waterfowl identification; communicable animal diseases; hunter safety; boating safety; first aid; predator control; public rela tions; public speaking; and, any other subject matter recommended by the department.
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PRE-EMPLOYMENT TRAINING FOR NON-ENFORCEMENT PERSONNEL
The pre-employment training program for personnel other than enforcement personnel will probably not require over a week or ten days. There seems to be no need to include subjects in law enforcement except the very basics. These em ployees will have already received their training in game or fish management. Consequently, a program of orientation; ecology of Georgia; first aid; public relations; public speaking, etc. should be all that is necessary for this type of program.
REFRESHER COURSES
The refresher course for employees should be designed to keep employees upto-date on new laws affecting wildlife conservation, search and seizure, etc. as well as pertinent court rulings. New programs in game and fish management as well as changes in departmental policies and procedures would be covered in such a training program. All employees would be kept abreast of the operations of the department through this in-service program.
ADVANCED TRAINING
Curriculum for the advanced training program should be worked out by the training officer in cooperation with the University of Georgia Center for Continu ing Education and other qualified organizations. The time required for this pro gram would depend on the curriculum selected.
LOCATION OF TRAINING FACILITIES
Some members of this sub-committee went to Decatur County and inspected a building on Lake Seminole which the Corps of Engineers has licensed to the Game and Fish Department. Director George T. Bagby has recommended that this building be used as a training facility, and it is the recommendation of this com mittee that arrangements be made to use this building on a temporary basis. The location of the facility, (in extreme southwest Georgia) is not ideal. The train ing facility should eventually be located in a more central location, possibly in the central Georgia area. It is the understanding of this committee that Bibb County has offered a parcel of land on the new Lake Tobesofkee near Macon, and we suggest that the training officer look into and make recommendations concerning the building of a training facility on this tract sometime in the future. During the course of our investigation we considered the use of the facilties of the Georgia Police Academy for this proposed training program; however, the physical facili ties of the Academy would be all that could be utilized in this program, and that the necessary expense at the Academy would not be justified.
SUMMARY
The need to establish a comprehensive training program has never been greater than it is today. Procrastination is the greatest threat to the proposed program and this subcommittee strongly recommends that the Director of the Game and Fish Department be requested by privileged resolution to immediately begin a study to determine the cost factor, to recommend curriculum and take
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every action possible toward the immediate establishment of a pre-employment training school as well as an in-service refresher and an advanced training pro gram. We further recommend that the Director be requested to keep the standing House Committee informed of the progress being made and that the Committee take whatever action is necessary to assure that the recommendations of the com mittee be carried out.
We recommend that a training officer familiar with the department be selected and charged with the responsibility of planning and coordinating this proposed program. The training officer can "make or break" this program and should be genuinely interested in and firmly committed to making this program one of the finest in the country. A thorough knowledge of the department and its workings as well as the other subjects covered in the training program is abso lutely necessary.
Careful selection of trainees and proper pre-employment training of the wild life ranger can produce an enthusiastic, disciplined, proud, professional enforce ment officer. For wildlife conservation to be successful, we must have public acceptance of our conservation laws and regulations. Proper training of enforce ment officers will help to assure this public acceptance. This training must be "in depth". A "once over lightly" program is worthless and will waste valuable money and time and cannot be justified. An effective training program must pre sent a challenge to the trainee. There is no pride in completing an easy task. Pride comes only from accomplishing the difficult. With the pride of accomplishment of a training program, such as this committee envisions, will come an esprit de corps that will mean much to the department and the State. We recommend that we move forward with this training program without delay.
Respectfully Submitted, Robert H. Walling, Chairman
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS. ********
REPORT OF THE STATE HIGHWAY GRANTS STUDY COMMITTEE
(House Resolution No. 246)
THE COMMITTEE
Honorable Nathan D. Dean Representative, 20th District Chairman Honorable Arthur J. Funk Representative, 116th District Vice-Chairman Honorable Richard A. Dent Representative, 104th District Secretary
Honorable Carlton Colwell Representative, 5th District Honorable John H. Hadaway Representative, 46th District Honorable Hugh Lee McDaniell Representative, 101st District Honorable Roscoe Thompson Representative, lllth District
December, 1967
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REPORT OF THE STATE HIGHWAY GRANTS STUDY COMMITTEE (House Resolution No. 246)
INTRODUCTION
The State Highway Grants Study Committee was appointed by the Speaker of the House of Representatives pursuant to the authority vested in him under House Resolution No. 246. The Speaker appointed the following members to the Committee:
Honorable Nathan D. Dean Representative, 20th District Honorable Carlton Colwell Representative, 5th District Honorable Richard A. Dent Representative, 104th District Honorable Arthur J. Funk Representative, 116th District
Honorable John H. Hadaway Representative, 46th District Honorable Hugh Lee McDaniell Representative, 101st District Honorable Roscoe Thompson Representative, llth District
Representative Nathan D. Dean was appointed Chairman of the Committee by the Speaker. Representative Arthur J. Funk was elected Vice-Chairman and Representative Richard A. Dent was elected Secretary by the Committee.
FINDINGS
The Committee was created to study the procedures and laws under which state highway grants are made to determine if the amounts involved are exces sive or inadequate. The Committee was authorized to consult with State Highway Department officials, county officials, and municipal officials in connection with this study. The Committee researched the various laws and constitutional pro visions in Georgia pertaining to state highway grants. The Committee also heard testimony from officials of the State Highway Department, Georgia Municipal Association, and the Association of County Commissioners. After studying the laws relative to State highway grants and listening to the highway, county, and municipal officials it was determined by the Committee that there was no need to change the laws relating to state highway grants at this time.
Mr. Elmer George, Executive Director of the Georgia Municipal Association and Mr. Hill Healan, Executive Director of the Association of County Commis sioners of Georgia, testified that the cooperation between city and county officials and the State Highway Department has improved tremendously since 1963. Both officials were asked if they had any criticism concerning the certification relative to the expenditure of state funds and both answered that their respective groups had no criticism of the certification requirement.
Mr. Emory C. Parrish, Assistant Director of the State Highway Department, in his presentation before the Committee, suggested that the counties assume more responsibility for the maintenance of rural roads constructed under the Rural Roads Authority in accordance with the laws of the state and the agreements signed by the counties. Mr. Parrish suggested that all municipalities which have not already done so up-date their traffic signals with a portion of the state funds received by them in accordance with the Georgia Manual on Uniform Travel Control Devices for Streets and Highways.
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During its deliberations the Committee discussed the sales tax which is being collected on gasoline tax. It was felt by the members of the Committee that these funds should be allocated to the State Highway Department. The Committee also discussed the possibility of amending the Constitution to provide that motor vehicle license fees be appropriated to the State Highway Department in the same manner as motor fuel taxes.
RECOMMENDATIONS
1. The Committee recommends that the grants be continued and increased proportionately in consistency with the growth and economic structure of the state.
2. Should the sales tax on gasoline tax continue to be collected, the Com mittee recommends that these funds be appropriated to the State Highway Department.
3. The Committee urges counties to assume more responsibility for the main tenance of rural roads constructed under the Rural Roads Authority in accord ance with the laws of the state and the agreements entered into by the counties.
4. The Committee strongly recommends that all municipalities up-date their traffic signals with a portion of the state funds received by them in accordance with the Georgia Manual on Uniform Traffic Control Devices for Streets and Highways.
5. The Committee recommends the passage of a constitutional amendment which will be introduced by the members of the Committee at the 1968 Session of the General Assembly to provide for the appropriation of motor vehicle license fees to the State Highway Department in the same manner as motor fuel taxes. These additional funds are needed by the State Highway Department immediately to adequately maintain the highways of this state.
ACKNOWLEDGEMENTS
The Committee wishes to express its sincere appreciation to the following persons who appeared and testified before the Committee: Mr, Elmer George, Ex ecutive Director, Georgia Municipal Association; Mr. Randolph Medlock, Chair man, Georgia Municipal Association Committee on Highways; Mr. Jim Mclntyre, General Counsel, Georgia Municipal Association; Mr. Hill Healan, Director, Asso ciation of County Commissioners; Mr. Emory Parrish, Assistant Director, State Highway Department; Mr. W. M. Williams, Treasurer, State Highway Depart ment; Mr. H. H. Huckeba, State Highway Engineer; Mr. Howard Atherton, Mayor of Marietta and past President of the Seventh District Georgia Municipal Association; and Mr. Griffin Smith, Commissioner of Bartow County and past President of the Association of County Commissioners.
According to information furnished to the Committee, the State Highway Department is expending highway funds on a basis which approximates a per capital distribution. The Committee wishes to commend the State Highway De partment for the equitable manner in which it is expending highway funds for the benefit of all of the citizens of this state.
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The members of the Committee wish to commend the county, municipal, and highway officials for the cooperation they have exhibited during the past few years. The Committee urges the county, municipal and highway officials to con tinue to improve this cooperation.
Respectfully submitted,
/s/ Nathan D. Dean Nathan D. Dean Representative, 20th District Chairman
/s/ Arthur J. Funk Arthur J. Funk Representative, 116th District Vice-Chairman
/s/ Richard A. Dent Richard A. Dent Representative, 104th District Secretary
/s/ Carlton Colwell Carlton Colwell Representative, 5th District
/s/ John H. Hadaway John H. Hadaway Representative, 46th District
/s/ Hugh Lee McDaniell Hugh Lee McDaniell Representative, 101st District
/s/ Roscoe Thompson Roscoe Thompson Representative, lllth 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 STATE HIGHWAY LAWS STUDY COMMITTEE (House Resolution No. 241) ********
THE COMMITTEE
Honorable Clarence R. Vaughn, Jr. Representative, 117th District Chairman Honorable Joe T. Wood Representative, 16th District Secretary Honorable Thomas B. Buck Representative, 112th District
Honorable Goodwin Gates Representative, 123rd District Honorable Frank P. Holder, Jr. Representative, 70th District Honorable G. Robert Howard Representative, 101st District Honorable John H. Sherman, Jr. Representative, 105th District
November 30, 1967
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REPORT OP THE STATE HIGHWAY LAWS STUDY COMMITTEE PRELUDE
The Committee was created by House Resolution No. 241. House Speaker George L. Smith appointed Representative Clarence R. Vaughn, Jr., Chairman of the Committee and appointed the following Representatives as members of the Committee: Representative Thomas B. Buck of the 112th District; Representative Goodwin Gates of the 123rd District; Representative Prank Holder of the 70th District; Representative G. Robert Howard of the 101st District; Representative John H. Sherman, Jr., of the 105th District; Representative Joe T. Wood of the 16th District. Representative Wood was elected Secretary by the members of the Committee at its organizational meeting June 27, 1967.
Legal practitioners have been aware for years that the laws relating to the State Highway Department, particularly those laws relating to the organization, powers, duties and operating practices, have been ambiguous and confusing. Highway laws dealing with truck weights, speed limits, maximum dimensions of vehicles allowed on the State's highways, exemptions, traffic signs, and powers of the State Highway Department to enforce its laws and regulations have caused headaches to motor vehicle owners, officials of the State Highway Depart ment, and to the Attorney General's office. Consequently, the State Highway Laws Study Committee was created to sort out the confusion created by the laws of Georgia which deal with highways and the State Highway Department.
The Committee was directed by House Resolution No. 241 to consult with officials and employees of the State Highway Department, the Attorney General's office and the Legislative Counsel's office in order to accomplish the necessary revision and modification of the State Highway Laws. Members of these offices met with the Committee at each of its meetings. The modification and revision of the State Highway Laws proposed by the Committee were decided upon after extensive thought, debate and research. The following persons were present at most of the Committee's meetings.
State Highway Department
Emory Parrish, Executive Assistant Director Richard Williams, Secretary and Treasurer H. Huckaba, Assistant State Highway Engineer
Attorney General's Office Richard F. Chambers, III, Assistant Attorney General John A. Sligh, Attorney
Office of Legislative Counsel Virlyn Slaton, Deputy Legislative Counsel Paul Listen, Assistant Legislative Counsel
Introduction
From the outset it was apparent that any meaningful revision of the high way laws would be an enormous task. Consequently, it was decided by the Com-
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mittee that a three-phased attack would be necessary: First, the Committee decided to consider laws that needed minor changes. This was accomplished in five meetings. Secondly, the Committee entertained consideration for changes in the substantive highway laws. Thirdly, the Committee considered the feasibility and practicability of authorizing the State Highway Department to devise a com plete, comprehensive and easily understandable Highway Code.
Minor Changes
(1) The Committee acceded to the wishes of the State Highway Department and Attorney General's office that the laws relating to internal operation of the Highway Department be amended, in appropriate cases, to have certain duties vested in the Director of the State Highway Department or in the State Highway Department rather than in the State Highway Board. The reasons for these changes are that the Director is the Executive Officer and he, of necessity, is responsible for seeing that all functions are carried out. The Board oversees the Director of the State Highway Department and establishes policy. The laws pres ently require that all duties be vested in the State Highway Board. It would be cumbersome to convene the Board every time some official action had to be taken by the State Highway Department, so the Committee voted to conform the laws to the actual practices of the State Highway Department.
(2) Several laws which are still on the books, but which have been repealed by implication by the Budget Act (Ga. Laws 1962, p. 17) were voted to be spe cifically repealed by the Committee.
Substantive Revision
The Committee, at the instance of officers of the State Highway Department, voted to make the following substantive changes in the State Highway Laws:
(1) The Committee heard testimony from State Highway engineers and experts concerning truck weights and highway damage caused by overweight trucks. Our laws presently allow certain types of materials to be hauled in trucks without regard to weight limits. Other industries are required to obtain a special excess weight permit before hauling loads above the maximum limit. The Com mittee voted to delete from our laws the blanket authorization for the specified loads to exceed weight limits on the state highways. The amendment proposed by the Committee requires the heretofore exempted industries to obtain a permit for hauling excessively heavy loads. This action by the Committee, if enacted, will eliminate favoritism to certain industries and will prevent a constitutional attack on the laws by the disfavored industries.
(2) Construction companies having contracts with the State are permitted by law to exceed the State Highway weight limitations under certain circum stances. Testimony before the Committee indicated that overweight trucks used in building new roads destroy the service roads. The Committee was of the view that considerable tax money would be saved if construction truck loads were reduced to the present maximum weight limit. Further testimony indicated that one of the private contractors doing business with the State has a policy of con forming his truck weights to the maximum load limit. This contractor is making more money since he reduced his loads because his trucks are lasting longer. In case of need, the contractor could be given a special permit to exceed load and length limits.
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(3) Code Chapter 95-1722 authorizes the State Highway Board to set aside $50,000.00 for use as an emergency fund. The Committee, at the instance of State Highway Department officials, voted to delete the provision granting this authority. The reason for the deletion is that the code provision conflicts with the Budget Act of 1962. The code section has probably been repealed by implication.
(4) The Committee voted to delete the provision contained in Ga. Laws 1956, p. 615, Section 3, which exempts sellers of fruits, nuts and vegetables from penal ties for selling anything of value while parked on the State right-of-way of the State highways. Testimony before the Committee indicated that many accidents are caused by cars slowing or stopping to look at wares offered by fruit stands. The Committee felt that the removal of the statutory exemption would place fruit sellers on par with sellers of other wares i.e., all sales be prohibited on the State right-of-way. This, the Committee feels, will reduce the many costly traffic acci dents and fatalities on the Georgia highways.
(5) The Committee voted to amend Section 3 of Georgia Laws 1941, p. 449. This section exempts haulers of timber, lumber and piling, going from their home county to the adjoining county, from weight and load limits. The Committee heard testimony which indicated that wood haulers are violating the Act's provisions by going into several counties with excessive load weights and lengths. Testimony also indicated that State roads are being destroyed by the excessive loads. The Committee's proposal will permit two-axle trucks carrying timber, lumber and piling to exceed the State's truck weight and length laws until January 1, 1969. No trucks will be exempted after January 1, 1969, but excessively heavy or long truck loads will require special permits in order to operate on the State highways.
(6) The highway laws presently permit trucks to travel at 60 miles per hour at night on four-lane highways. The Committee voted to reduce the truck speed limit at night to 50 miles per hour, so as to require trucks to conform to the speed limit for cars. This change will only affect four-lane highways other than inter state highways.
(7) The Committee voted to change the "stop" signs at all railroad crossings to "yield" signs. This change was sought by the officials of the State Highway Department because present law provides no penalty for drivers of vehicles failing to stop at railroads. Studies have shown that few automobiles observe the "stop" signs at railroads. A "yield" sign will require the driver to slow down and ascer tain whether a train is approaching.
(8) The Committee voted to require that "stop" signs and other traffic signals be of a uniform size. This change was advocated by Highway Department officials because some units of government have signs in their jurisdiction that are different from those on the State highways. Drivers might fail to recognize the odd-sized sign at high speed and at night, so the Committee voted to require a uniform sign size in hopes that the change would reduce the number of accidents on our highways.
(9) The Committee voted to place a sliding scale charge on special permits for exceeding the State's maximum load and length laws. Special permits presently cost the applicant One Dollar. The cost of issuing the permits has approximated One Million ($1,000,000.00) Dollars per year, while revenues from the special permits have averaged Two Hundred Fifty Thousand ($250,000.00) Dollars. The sliding scale cost, based on type of vehicle or object to be moved, is designed to
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bring in enough revenue to pay for the administration of the special permits. Charges, under the scale, will range from Two Dollars and Fifty Cents ($2.50) to Ten ($10.00) Dollars per trip.
(10) The Committee voted to set a maximum overall length of Seventy-Five (75) feet for trucks carrying loads of poles, logs, lumber, structural steel, piping, timber and pre-stressed or pre-cast concrete. The Seventy-Five (75) Foot limit applies to the truck and its load. Special permits will be required for trucks carry ing loads of these materials which exceed Seventy-Five (75) Feet. The SeventyFive (75) foot limitation was decided upon in a joint meeting with the Traffic and Safety Control Subcommittee and the Motor Carriers Sub-committee, after each Committee had heard from prepresentatives of the industry and Highway Department. The members of each of the Committees felt that their respective committees had a duty to investigate this area of the highway laws. The commit tees met jointly on two days in order to align their recommendations.
(11) The Committee voted to authorize the Department of Public Safety, upon recommendation of the State Highway Department, to take drivers' licenses of truck drivers who willfully refuse to drive their trucks upon truck scales for weighing of their loads. There exists on the books a law which assigns criminal penalties to drivers refusing to drive on scales, but the law was held unconstitu tional by the Supreme Court of Georgia. See Aldrich v. State, 220 Ga. 132. This holding created a void in the State Highway Department's enforcement powers. The Committee voted to fill the void by giving the State Highway Department powers to recommend that the Department of Public Safety suspend or revoke truck driver's licenses.
(12) The Committee voted to grant the State Highway Department power to reimburse the Attorney General's Office for expenses incurred in hiring expert attorneys in litigation involving contracts. The State Highway Department cur rently possesses authority to reimburse the Attorney General for expert counsel expenses in other areas, and the officials of the State Highway Department felt that this move is a necessary extension of authority. Contractors have been using expert legal counsel very effectively. The State Highway Department feels it is necessary to counter with counsel equally expert. The Committee agreed with the views of the State Highway Department.
(13) The Committee voted to give the State Highway Department authority to make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks and other equipment and appliances of any public utility in, on, along, over or under any State Highway project. This is the same authority granted to the Georgia Rural Roads Authority, but instead of being over rural road projects, the authority is granted to State Highway projects.
(14) The Committee voted to change the laws which deals with expenses of the State Highway Engineer, to provide that he may be reimbursed for expenses incurred while in Fulton County. The law presently grants the State Highway Engineer reimbursement for expenses incurred in all counties but Fulton. The State Highway Department feels the present law to be based on faulty reasoning.
(15) The Committee voted to propose legislation which will enable county governments to request that railroad signalling devices be installed at designated railroad crossings, with the railroad and county splitting the costs of the signalling
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devices and installation. Municipalities presently possess this authority. The officials of the State Highway Department feel that county governments need this authority.
(16) The Committee voted to propose legislation which will require the owner of land, which has been condemned by a special master, to post bond equal to the award of the special master before appealing the award to a superior court. The Committee feels that a law of this nature is necessary because several instances were cited to the Committee which showed that many landowners have refused to repay awards, or portions of awards, after the superior courts have reduced them.
Committee Proposal
The Committee voted to introduce a resolution creating a study committee consisting of five Representatives and five Senators to work with the State High way Department in a joint endeavor to develop a comprehensive Highway Code for Georgia. The resolution will recommend that the State Highway Department exercise its authority to execute contracts for research purposes by contracting with the University of Georgia Law School to research and draft a complete Highway Code for Georgia. Seventy-two per cent of the research cost of developing the State Highway Code will be paid by Federal funds.
The State Highway Laws Study Committee recommends that the Law School and the State Highway Department prepare the new Highway Code in chapter form and that the separate chapters be presented to the new committee for review and approval as soon as practicable after completion.
The Committee further recommends that the entire code, incorporating any changes which may be recommended by the new committee, be completed no later than December 1, 1968, and that the entire code be introduced at the 1969 Session of the General Assembly.
Recommendations
(1) The Committee strongly urges that all of the proposed changes recom mended by this Committee be adopted by the General Assembly. These proposals were made after considerable debate and study, and none were voted upon until they had been analyzed carefully.
(2) The Committee strongly urges that the resolution creating a new commit tee to work with the State Highway Department in the development of a complete and comprehensive Highway Code for Georgia be approved. The State of Georgia is in dire need of a separate code dealing with highway laws which will be mean ingful to truckers, contractors, lawyers, and officials of the State Highway De partment. A research staff from the University of Georgia Law School will be able to devote the needed time and study to develop a complete and understandable Highway Code for Georgia.
Respectfully submitted, /s/ Clarence R. Vaughn, Jr.
Clarence R. Vaughn, Jr. Representative, 117th District Chairman /s/ Joe T. Wood Joe T. Wood Representative, 16th District Secretary
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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA A*N**D***O*T* HER INTERESTED PERSONS.
REPORT OF THE HORSEBACK RIDING FACILITIES STUDY COMMITTEE ********
THE COMMITTEE
Honorable William J. Cox, Chairman Representative, 127th District Honorable Hubert Dollar Representative, 89th District Honorable H. Goodwin Hall Representative, 67th District
Honorable J. H. Henderson, Jr. Representative, 102nd District Honorable L. F. Jenkins Representative, 119th District
January, 1968
INTRODUCTION
The Committee was created pursuant to the authority contained in House Resolution No. 3 for the purpose of studying the desirability of providing horse back riding facilities at our State parks. The Speaker of the House appointed the following members of the House to the Committee: Dr. William J. Cox, 127th District, Chairman; Honorable Hubert Dollar, 89th District; Honorable H. Goodwin Hall, 67th District; Dr. J. H. Henderson, Jr., 102nd District and Honorable
L. F. Jenkins, 119th District.
FINDINGS
In carrying out its duties, the Committee visited several State parks and conferred extensively with officials of the Parks Department and others. The Committee decided that Hard Labor Creek State Park at Rutledge, Georgia, would be an ideal location to initiate a program of providing horseback riding facilities. This State park was selected by the Committee for several reasons, the most important of which are as follows:
1. It is the State's largest park consisting of approximately 6,000 acres.
2. It is easily accessible from Atlanta, Augusta, Macon and Athens.
3. It will serve in conjunction with the State's new golf course, catering to family outdoor recreation needs.
The Committee made a detailed study regarding all aspects of providing horseback riding facilities at this State park, and the results of this study, includ ing maps showing bridle paths and related information, is available to interested members of the General Assembly through the Chairman of this Committee. This material could not be reproduced for distribution with the Committee's report.
The Committee also made a detailed study of equipment and construction needs in connection with providing horseback riding facilties at this State Park. Based on its study, the equipment and construction needs for this facility are as follows:
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1. Three separate buildings with 10 stalls each making a total of 30 stalls enclosed by one large paddock.
2. Parking area for cars and horse trailers.
3. Riding ring 100 x 200 feet.
4. Shed for storage of shavings.
5. A concrete slab constructed with three walls for the disposal of refuse.
6. Two bridle paths consisting of 10 and 25 miles suitable for the safe travel of horse and rider and some elective jumps.
RECOMMENDATIONS
The Committee recommends that horseback riding facilities be provided by the State Parks Department at Hard Labor Creek State Park at the earliest prac ticable time. These facilities should be provided in accordance with the plans developed by the Committee and officials of the Parks Department.
ACKNOWLEDGEMENT
The Committee received excellent cooperation from everyone that was con sulted in connection with its study, but would like to express its appreciation to the following persons whose assistance was of particular value to the Committee: Mr. John Gordon, Director, Department of State Parks; Mr. Henry Struble, Dep uty Director; Mr. Dodson Carter, Superintendent, Hard Labor Creek State Park; Mr. Bill Mangum, former President, Georgia Horsemen's Association; Mr. T. H. Blackwell, Vice President, Georgia Horsemen's Association; Mr. Brooks Pennington, Jr., Senator, 45th District; and Mr. Roy Lambert, Representative, 38th District.
Respectfully submitted,
/s/ William J. Cox William J. Cox Representative, 127th District Chairman
/s/ Hubert Dollar Hubert Dollar Representative, 89th District
/s/ H. Goodwin Hall H. Goodwin Hall Representative, 67th District
/s/ J. H. Henderson, Jr. J. H. Henderson, Jr. Representative, 102nd District
/s/ L. F. Jenkins L. F. Jenkins Representative, 119th District
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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA, AND ALL OTHER INTERESTED PERSONS
^:**^**HJ
REPORT OF THE INSTITUTIONS AND MENTAL HEALTH STUDY COMMITTEE (Senate Resolution No. 114) *%*#**
THE COMMITTEE
Honorable Culver Kidd Senator, 25th District, Chairman Honorable Billy Adams Senator, 26th District, Vice-Chairman
Honorable I. William Gregory, Jr. Senator, 15th District Honorable Robert A. Rowan Senator, 8th District
January 1968
REPORT OF THE SENATE MENTAL HEALTH STUDY COMMITTEE
INTRODUCTION:
(Senate Resolution No. 114)
The Senate Mental Health Study Committee was created by the President of the Senate pursuant to the authority vested in him under Senate Resolution 114. The President of the Senate appointed the following members to the Committee:
Honorable Billy Adams Senator, 26th District Honorable I. William Gregory, Jr. Senator, 15th District
Honorable Culver Kidd Senator, 25th District Honorable Robert A. Rowan Senator, 8th District
Senator Culver Kidd was appointed Chairman of the Committee by the President of the Senate.
The Committee was created to study the need for standard licenses, practices and procedures in the field of psychodrama; the need for supplemental commit ment laws; the operation of Central State Hospital and other general problems in the field of mental health.
FINDINGS:
Since its appointment the Committee has visited the Central State Hospital on several occasions to discuss the needs and conditions of the hospital with Superintendent James Craig, Business Manager William Crittenden and other department heads at all levels of employment. The Committee also visited St. Elizabeth's Hospital in Washington, D. C. where they checked into the area of psychodrama and how it is utilized at that hospital. The Committee also visited Pilgrim's Hospital in New York where they learned of many new approaches which are being utilized by that State in the treatment of mental illness.
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RECOMMENDATIONS:
(1) Psychodrama
Mr. James Enneis, director of psychodrama at St. Elizabeth's Hospital, in formed the Committee that psyehodrama had been in use at that hospital for some twenty-five years. The Superintendent of the hospital is a psychiatrist and he was very high in his praise of the accomplishments which have been achieved through psychodrama. Mr. Enneis let the Committee participate in a class of psychodrama on two different occasions. The patients involved were very re ceptive and highly complimentary of the results. It was brought to the attention of the Committee that television strips are available through NEC dealing with psychodrama and suggested that these strips be presented to members of the Georgia General Assembly to familiarize them with the field of psychodrama. A story in the Wall Street Journal of August 28, 1967 was also shown to the Com mittee with its comments about the new psychiatric tool for dealing with mental illness. After these observations it was the general feeling of the members of the Committee present that certainly this was a new field in the treatment of mental illenss and one where certain restrictions needed to be imposed. Whether the legislation now pending in the General Assembly is the answer is debatable; however, it is a definite step in this new field which should place Georgia in a position to attract qualified psychodramatists and to utilize their experience. It is the general feeling of the Committee that the leaders in the field of mental health should be qualified in all areas, including psychiatry, psychology, psychodrama and others to bring about as speedy a recovery as possible. Qualifying standards have been established by the Federal Government in this area. A copy of these qualifications are attached to this report as "Exhibit A".
(2) New Approaches
The Committee, upon visiting Pilgrim's Hospital in New York, was confronted with the new approaches which have been utilized in that hospital for some five years. Over eighty per cent of the patients at Pilgrim's have no restrictions. They can more or less go and come as they please. The Superintendent of Pilgrim's, Dr. H. S. Barahal was very helpful to the Committee, taking an entire day off to show us its operation. Pilgrim's is the only mental hospital in the United States larger than Central State Hospital in Milledgeville, Georgia. The new approach in regard to mental health laws which have been enacted in New York is an admittance law rather than a commitment law. The new law sets up the mechanics whereby seven qualified attorneys are employed on the staff at Pil grim's and the law states that at the end of sixty days any person committed to the hospital will either have to be released or the attorney will check the case with the doctor in charge. If not released the patient would remain in the hospital for another four months. At the end of the six months period, the case would again be reviewed and if the patient again was not released, this same procedure would take place in twelve months. A court has been built and established on the grounds of the hospital to take care of this procedure and to speed it up. This has brought about an overall general change of feeling on behalf of the mentally ill according to Dr. Barahal. They feel like they will not be "railroaded" or sent away to be forgotten in some mental hospital and that they are really sick people. This Committee recommends that further study of the New York laws be made by the Senate Committee on Institutions and Mental Health in 1968 and make recommendations concerning changes in our commitment laws to the General Assembly in 1969.
(3) The Use of Commissaries Operated by Patients
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It was brought to the attention of the Committee at both hospitals that the practice of having commissaries run by patient help was obsolete. Vending ma chines have replaced the commissaries on all of the wards and in every building with one large commissary being run by hired labor to handle those items that could not be best distributed by machine. In checking this policy at the Central State Hospital, the general feeling seems to be that this was a good practice. In the past when patient help was being used and release was not as quick as it is today, this was a good spot to place certain patients for therapy and general rehabilitation. Now it is difficult to get patients who can do a good job in this area. With the hospital coming under wage and hour laws, the general feeling is that money can be saved and better service given to patients, by letting a con tract to a vending company to take care of these needs. The company in turn would furnish the machines, keep them in operation and have their men service them with the Patient's Benefit Fund of the Hospital receiving an adequate com mission monthly. The Committee believes that this is a practical move and recom mends to the Board of Health that this step be made not only at the Central State Hospital but at Gracewood and other institutions where it would be practical.
(4) Needs for More Facilities--Special School, Central State Hospital
The Committee upon visiting this new facility at Central State Hospital was very much impressed with what has been accomplished in a relative short time with the expenditure of very little money. This special education school is designed as a treatment-educational program in which the patients are given the oppor tunity to learn or relearn a variety of appropriate social behaviors so that their formal education can proceed. This type student carries many names--disturbed, emotionally upset, exceptional or partially retarded. Many of the children falling into this category are intensely frightened in regular school because of repeated failures both academic and social. Therefore, the first task at this special school has been to make the children less anxious so that adequate learning can take place and the child become more acceptable to regular behavior patterns. At the present time there are approximately 200 pupils attending these classes. During the month of October 1967, 56 children were admitted and there are over 200 children on the waiting list of the school. There is an immediate need for facilities to accommodate over 400 pupils. The admission trend for this age patient has been in the last five years as follows:
1964 -- 31% increase 1965 -- 33% increase 1966 -- 40% increase 1967 -- 30% increase
Or 141% increase in a five year period.
The projected estimate is 772 patients who will need this type treatment by 1970. The present cost per day per child at the Central State Hospital is hospital cost of $4.53, school cost of $1.90 or an overall cost of $6.43. For com parison, cost for the same child in Nashville, Tennessee is $34.00 and at Haw thorne School in New York, $36.00 per day. The general feeling of the Committee has been that this type child is entitled to an education just as any other school age child in Georgia and that to fail to appropriate needed funds to accomplish this is a mistake. The complex at the Central State Hospital was the first totally maintained school of its type in the State of Georgia. In order to take care of future needs and the general trend in the field of mental health and to try to give adequate treatment as soon as possible in order to reduce the number of mental institutions in later years, the Committee recommends that immediate steps be
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taken by the Board of Health to remove all under age children from wards in the hospital to one central area; that additional buildings be built creating a central educational complex with forty class rooms, a gymnasium, offices and meeting room spaces; that four dormitory buildings be made available with four wards to each building with approximately 24 to 30 patients to each ward and that a diagnostic center be established and equipped to evaluate and plan treat ment for disturbed youngsters. The overall cost for additional buildings would be approximately six million dollars. Salaries, classroom equipment and school room supplies for the first year, approximately one and one-half million with subse quent yearly costs for all purposes approximately one million three thousand and fifty dollars. The proposed funds, if appropriated, will be handled by both the State Health Department and State Department of Education. The coopera tion between these two groups has brought about the success that we have today and we have been assured by their department heads that they will work further for its continued growth and improvement.
ACKNOWLEDGEMENTS:
The members of the Committee wish to express their sincere appreciation to Mr. James Enneis, Director of Psychodrama, St. Elizabeth's Hospital, Wash ington, D. C.; Dr. H. S. Barahal, Superintendent, Pilgrim's Hospital, New York, New York; Dr. Jack Nix, Superintendent, State Department of Education; Dr. James Craig, Superintendent, Central State Hospital; Mr. William Crittenden, Business Manager, Central State Hospital, and to the other department heads at all levels of employment at Central State Hospital for the courtesies and cooper ation they extended to the members of the committee during this study.
Respectfully submitted,
/s/ Culver Kidd Culver Kidd, Chairman Senator, 25th District
lal Billy Adams Billy Adams Senator, 26th District
/s/ I. William Gregory, Jr. I. William Gregory, Jr. Senator, 15th District
/s/ Robert A. Rowan Robert A. Rowan Senator, 8th District
DRAFT
Single Agency Qualification Standard Psychodramatist Series GS-640 GS-7/15
Description of Work
Psychodramatists direct, supervise or perform work in psychodrama as a means of therapy for mentally ill patients, including participation in or direction of psychodrama sessions, and observation, evaluation and recording of patients'
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participation and reactions to therapy. The psychodramatist functions as an agent for change who diagnoses the functioning level or state of individuals and groups using knowledges and skills of the social sciences, particularly those of psychodrama, sociometry and group dynamics. After obtaining this diagnostic knowledge he employs psychodramatic methodology to assist the group (or individual) in achieving its goal (s) through focusing on concerns relevant to the problem area (s).
Some examples of the uses of psychodramatic methodology are: to combat the development of total institutionalization among hospital populations; to help prepare patients for return to the community as functioning members; and to conduct dynamically-oriented "uncovering" intensive group psychotherapy.
EXPERIENCE, TRAINING, AND OTHER REQUIREMENTS
State psychodramatist positions at Saint Elizabeth Hospital are established at grades GS-9 and above. Experience and training equivalent to that usually provided at grades GS-5 and GS-7 are acquired through participation in an ap proved psychodrama training program (or in a work setting providing experience of the same depth and scope).
LENGTH AND TYPE OF EXPERIENCE
Except as otherwise provided in this standard, applicants must have had the amount and type of experience indicated below:
Grade GS-9 GS-11/15
Total General Experience Specialized Experience Experience
(Years)
(Years)
(Years)
325
336
General Experience: For any grade level, applicants must show progressive ly responsible experience which has provided a basic knowledge and understanding of the fundamental theories and concepts of normal and abnormal psychology, sociopathology and personality development equivalent to that which is acquired in a full, four year course of study in an accredited college or university.
Specialized Experience: Progressively responsible experience in a psychodrama program under the supervision of a psychiatrist or professional psychodramatist which has included participation in and direction of psychodramatic sessions for mental patients, assistance to groups in the selection and interpreta tion of scenes focusing on particular concerns of the group, and exchange of information concerning patients with other professional workers (i.e. M.D.'s, social workers, registered nurses, clinical psychologists) regarding patients' re action and progress. The experience acquired must clearly demonstrate the appli cant's ability to function as an auxiliary ego, and to effectively utilize techniques such as role reversal, role playing, asides, doubling, mirroring, and soliloquy.
There is no increase in the length of specialized experience required for grades GS-12/15. However, for each successively higher grade, a correspondingly
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3511
higher level and quality of experience is required. This experience must demon strate clearly the applicant's ability to perform at the grade level for which he is applying.
Quality of Experience: The number of years of experience required for any grade level represents the minimum amount of time necessary to qualify, but length of time alone is not of itself qualifying. For grades GS-9 and GS-11, one (1) year of the required specialized experience must have been at the level of difficulty and responsibility comparable to the second lower grade in the Federal service (i. e. one year at the GS-7 level for GS-9 positions and one year at the GS-9 level for GS-11 positions). For grades GS-12/15, one year of experience equivalent to the next lower grade is required.
Substitution of Education for Experience
For General Experience: Study in an accredited college or university which has included a minimum of six (6) semester hours per year in the fields listed below, may be substituted on the basis of one full year of academic study for nine (9) months of general experience. Receipt of a bachelor's degree with at least 24 semester hours in the fields below will meet the general experience requirements for all grade levels in full.
Fields of Study: Any one or combination of major fields which has pro vided the applicant with a basic knowledge and understanding of the fundamental theories and concepts of normal and abnormal psychology, sociopathology and personality development is satisfactory. Typically acceptable fields of study in clude: psychology, sociology, anthropology, social work, criminology, psychiatric nursing, and counseling.
Specialized Experience: Two full years of graduate study in an accredited college or university which has included at least 48 semester hours in one or a combination of the fields specified above may be substituted for the two years of specialized experience required for grade GS-9.
Completion of all the requirements for the Ph.D. degree in an appropriate field will satisfy the requirements for grade GS-11 in full.
NOTE: Applicants who qualify on the basis of education only, should refer for additional information to the section below entitled PERFORMANCE EVALUATION REQUIREMENT.
PERFORMANCE EVALUATION REQUIREMENT
Applicants who qualify on a basis of education alone will be required to undergo a performance evaluation through active participation in a regular psychodrama session at Saint Elizabeths Hospital to obtain an eligible rating. In the performance evaluation the applicant will be required to demonstrate in a realistic situation with patients that he has acquired, and can apply the requisite knowledge and understanding of the techniques, methodologies and concepts essential to effective performance as a Psychodramatist.
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PROVISION FOR RECOGNITION OF SUPERIOR ACHIEVEMENT AND ABILITY IN AN INTERNSHIP OR RESIDENCY *******
To qualify for grade GS-9, applicants must meet the following requirements:
A. Three years of general experience, and in addition,
B. Have demonstrated within the past 2 years superior achievement and ability in a full-time, one year psychodrama internship in a training program accredited by the Academy of Psychodrama and Group Psychothearpy or the American Society of Group Psychotherapy and Psychodrama.
To obtain an eligible rating for grade GS-11, applicants must meet the fol lowing requirements:
A. Three years of general experience; plus
B. Satisfactory completion of an approved full-time, one year psychodrama internship; or
C. One year of specialized experienced equivalent in scope and difficulty to that which is gained in a psychodrama internship; and
D. Within the past 2 years have demonstrated superior achievement and ability in a full-time, one year psychodrama residency in a training program accredited by the Academy of Psychodrama and Group Psychotherapy or the American Society of Group Psychotherapy and Psychodrama.
Superior achievement and ability is defined as that demonstrated by a psychodrama intern or resident who completed his training within the preceding 2 years, and who, on the basis of a total evaluation would fall into approximately the upper quartile of all interns and residents in the program.
In evaluating an intern or resident to determine whether he falls into the upper 25% of his class (or previous classes over the preceding 5 years period) the following will be taken into consideration:
1) Knowledge of psychodramatic methodology, group dynamics and sociometry, and ability to apply this knowledge in working with patients.
2) Maturity and judgment in working with patients, structuring patient groups and focusing groups on goals.
3) Effectiveness in working with physicians, nurses, social workers and others on the professional team.
4) Ingenuity, resourcefulness and dedication in working with patients and associates.
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5) Consistency of performance from day to day.
6) Ability to handle unusual or stressful situations satisfactorily.
7) Professional potential in the field of Psychodrama.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS: ******* REPORT OF THE INVASIONS OF PRIVACY STUDY COMMITTEE
(House Resolution No. 3) *******
THE COMMITTEE
March, 1968
Honorable Elliott H. Levitas Representative, 118th District Chairman Honorable W. Mobley Howell Representative, 86th District Honorable Milton Jones Representative, 112th District Honorable Harry Mixon Representative, 81st District
REPORT OF THE INVASIONS OF PRIVACY STUDY COMMITTEE
At the 1967 Session of the General Assembly the new Right of Privacy Law, House Bill No. 64, was adopted and subsequently signed into law by the Governor as Act No. 567, (Ga. Laws 1967, p. 844). This legislation is designed to protect the individual's right to privacy, to prohibit illegal bugging and electronic snooping and authorized court-ordered and supervised surveillance of persons by electronic devices only under strict statutory and constitutional safeguards. Also at the 1967 Session of the General Assembly, the House of Representatives adopted and transmitted to the Georgia congressional delegation, a Resolution (H.R. No. 102) calling upon Congress not to preempt the states from legislating in this field. At that time several bills relating to this subject matter were pending before Congress.
This committee was created by the Speaker of the House of Representatives for the purpose of continuing to survey the need for protection of privacy in light of recent developments, and of assuring that Federal legislative activity in this field would not preempt State laws. In this latter connection, one of the most important functions of the committee related to the need for appearing before the Subcommittee on Administrative Practice and Procedure of the Com mittee on the Judiciary of the United States Senate which was holding public hearings on S. 928, the pending bill in Congress which would outlaw eaves dropping. This U.S. Senate subcommittee had conducted a study of this subject over a course of several years which culminated in the introduction of S. 928.
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This committee appeared and testified before the U.S. Senate subcommittee and placed into the record of proceedings concerning S. 928, so as to preserve as an integral guide to Congress's legislative intent, the desire of the Georgia House of Representatives that any Federal legislation on this subject should not preempt the states from dealing effectively with this problem. The states are best able to perceive the local problem in the area of privacy and find the best solutions to them. At that appearance, this committee received in the record the assurance of the Senate subcommittee's counsel that here was no intention of Congress to preempt this field. The following is an excerpt from that record:
"Mr. Fensterwald I think the record should be clear that there is no attempt on the part of this committee, and I think on the part of any Federal agency to exempt or to preempt the field."
(See Hearings Before the Subcommittee on Administrative Practice and Pro cedure of the Committee on the Judiciary of the United States Senate, 90th Congress, First Session, Part 2, at p. 623.)
Shortly after this committee's appearance before the congressional sub committee, the United States Supreme Court announced its long awaited decision concerning court-ordered wiretapping and held the New York statute on this sub ject to be unconstitutional. The invalid New York law was quite different from the new Georgia Act, and it is the considered opinion of experts in the field, including the Solicitor General of the Atlanta Judicial Circuit, that House Bill 64 was specifically drafted in anticipation of this decision and that House Bill 64 very likely meets the standards set forth in the case of Berger vs. New York, (35 LW 4649). Following the Berger decision, another landmark case in this field was announced by the Supreme Court in the case of Katz vs. U.S. (36 LW 4080) in which it was held that the so-called "trespass" doctrine found in Olmstead vs. U.S., 277 U.S. 438 and Goldman vs. U.S., 316 U.S. 129 was overruled and that henceforth only court-supervised surveillance would be permitted. This decision further demonstrates the usefulness of House Bill 64 and its anticipation of subsequent judicial developments. In short, it is the view that Georgia's law is valid in the case of court-supervised surveillance and as such will provide a model available to other state legislatures and even to Congress itself.
During the course of the committee's work, it received no complaints of specific suggestions for any amendments from any law enforcement agency within the state, and based upon all information received, House Bill 64 has apparently functioned satisfactorily since its enactment in protecting the citizen's right of privacy.
Respectfully submitted,
/s/ Elliott H. Levitas Elliott H. Levitas, Chairman
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
*$$$***
REPORT OF THE JUVENILE COURT LAW STUDY COMMITTEE
INTERIM COMMITTEE REPORTS
3515
THE COMMITTEE
SENATE Honorable John T. McKenzie Senator, 17th District Honorable Jack L. Stephens Senator, 36th District Honorable Maylon K. London Senator, 50th District Honorable Leroy R. Johnson Senator, 38th District Honorable Billy Shaw Abney Senator, 53rd District
HOUSE OF REPRESENTATIVES Honorable Charlie L. Carnes Representative, 129th District Chairman Honorable J. Robert Cooper Representative, 16th District Honorable Billy Gene Fallin Representative, 94th District Honorable Dick Lane Representative, 126th District Honorable Carr G. Dodson Representative, 107th District
GOVERNOR'S APPOINTEES
Honorable Elmo Holt Judge, Juvenile Court of
Fulton County Honorable Thomas A. Parker Judge, Juvenile Court of
Ware County Honorable Edwin Kemp Judge, Superior Court of
Clayton County Mr. John Pierce Blanchard Superintendent, Columbia
County School
Honorable John A. Frazier, Jr. Judge, Juvenile Court of
Floyd County Honorable Albert Henderson, Jr. Judge, Superior Court of
Cobb County Mr. Stewart Werner Executive Director, Georgia
Citizens Council Mr. S. Ed Kelly Attorney At
Law
EX-OFFICIO ADVISORY MEMBERS
Dr. James C. Quarles Mercer University
Dr. Robert S. Stubbs Emory University
Dr. Thomas F. Green University of Georgia
CONTENTS
I. PRELUDE .,,...__... II. INTRODUCTION III. RECOMMENDED CHANGES IN THE
1951 JUVENILE COURT ACT ____._. IV. GENERAL RECOMMENDATIONS V. EXHIBITS ___.____,,_._.__
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I. PRELUDE
The Juvenile Court Law Study Committee was created pursuant to the au thority of House Resolution Number 190-566. The following persons were appointed to the Committee:
From the Senate: Honorable John T. McKenzie, 17th District; Honorable Jack L. Stephens, 36th District; Honorable Leroy R. Johnson, 38th District;
Honorable Billy Shaw Abney, 53rd District; Honorable MayIon K. London, 50th District.
From the House: Honorable Charlie L. Carnes, 129th District; Honorable J. Robert Cooper, 16th District; Honorable Billy Gene Fallin, 94th District; Honorable Carr G. Dodson, 107th District; Honorable Dick Lane, 126th District.
By the Governor: Honorable Elmo Holt, Judge, Juvenile Court of Fulton County; Honorable Thomas A. Parker, Judge, Juvenile Court of Ware County; Honorable John A. Frazier, Jr., Judge, Juvenile Court of Floyd County; Honorable Albert Henderson, Jr., Judge, Superior Court of Cobb County; Honorable Edwin Kemp, Judge, Superior Court of Clayton County; Mr. Stewart Werner, Executive Director, Georgia Citizens Council; Mr. John Pierce Blanchard, Columbia County School Superintendent; Mr. S. Ed Kelly, Attorney at Law.
The following persons were appointed ex-officio advisory members of the Committee: Dr. James C. Quarles, Mercer University; Dr. Thomas F. Green, University of Georgia; Dr. Robert S. Stubbs, Emory University.
Charles L. Carnes, Representative, 129th District, was appointed Chairman by the Committee.
In October, 1960, the Supreme Court of the United States held, In re Gault, 387 U.S. 1 (1966), that juvenile court delinquency hearings must provide the essentials of due process and fair treatment that are provided criminal cases, that the juvenile and his parents must be notified in writing of the specific charges to be considered at the hearing, that the child and his parents must be advised of the child's right to counsel, that the child must be advised of his right to remain silent, that the opportunity to cross-examine witnesses must be given and that means for appeal must be provided for the juvenile (i.e., transcripts
must be kept of the proceedings).
The Court's decision graphically demonstrated the shortcomings of the Juve nile Court Act of 1951. The Georgia Act was created with the view that juvenile courts would act as parens patriae to juvenile offenders. This meant that the juvenile judge would determine what treatment would best aid the juvenile in becoming an asset to society. The duty of the judge was not to mete out punish ment, as in criminal cases, but he was to take custody of the juvenile and see that the boy or girl had proper guidance prior to reaching adulthood. Harsh trial pro cedures were felt to be unnecessary. Consequently, the Juvenile Court Act of 1951 provided few of the procedural safeguards so common in criminal trials. The child needed no attorney, nor a court transcript, nor the right to cross-examine witnesses. Now, however, these procedural safeguards must be engrafted into our law in order for it to withstand constitutional attack. This Committee was created to bring the Juvenile Court Act up to constitutional standards.
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II. INTRODUCTION
The Commitee held its organizational meeting on June 14, 1967. Time was spent in studying the Gault decision and measuirng its mandates against the wording of the Juvenile Court Act of 1951. The Committee immediately became aware of the fact that substantial revision was necessary in order to save the 1951 Act from being held unconstitutional. The Committee painstakingly went through each section of the 1951 Act, as amended, and posted solutions and new
wording to remedy the patent defects. Materials were secured from each of the forty-nine other states in hopes that their legislation and reviews would aid the Committee in its task.
After several meetings it became increasingly apparent that Georgia's Juve nile Court Act contained many loose ends that could possibly come to light in a constitutional attack. Several members of the Committee were of the opinion that
completely new legislation was in order, rather than just an amendment of the old Act. The majority of the Committee members felt that time was of the essence and too precious to spend in areas other than making our present Act constitutional according to the dictates of Gault. The Committee was of the unanimous opinion that a permanent study commission, with at least a two-year life, would be necessary to create for Georgia a Juvenile Court Act that will stand the test of time and Supreme Court scrutiny.
After making the basic policy decisions and after approving many changes of the 1951 Act, the Committee held a public hearing in the old Supreme Court chambers at the Capitol. The Committee spent a great percentage of the time in apprising the audience at the public hearing what the Juvenile Court Act states and what the Supreme Court held in Gault. A member of the A.C.L.U. stated that our present Act is unconstitutional. Several other speakers echoed the view of Elmo Holt, Judge, Fulton County Juvenile Court, that the Supreme Court will make further inroads in the area of juvenile proceedings.
Several more meetings were held by the Committee and the final passages of the proposed amendments were hammered out.
A draft of the Committee's work was presented to the Joint Conference of Juvenile Court Judges and Superior Court Judges in Athens on November 1. This was to be the supreme test of the Committee's work. Four changes in the Juvenile Court Act were questioned by the judges. The Committee upon returning to Atlanta, studied the remarks made by the judges in Athens, and voted to accede to the judges' wishes in all but one instance. The requested changes were made in the proposed draft.
Upon reading its work product, the Committee once again voiced the need for a permanent study commission, or one with at least a two-year life, that can effectively devise a Juvenile Court Act for Georgia that will provide efficient channels for supplying the needs of society. The Committee feels that the work it has done will make Georgia's Act constitutional, according to the Gault decision, but that the Act might not measure up to further tests created by the Supreme Court of the United States.
III. RECOMMENDED CHANGES IN THE 1951 JUVENILE COURT ACT
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(1) The Committee voted to change the definition of "child" in the Juvenile Court Act of 1951, from a person less than Seventeen years of age to a person less than Eighteen years of age. This serves to increase the jurisdiction of the juvenile courts. The amendment will permit the courts to have jurisdiction over children up to eighteen years of age, rather than just up to seventeen years of age. The reasons for the change are: People are allowed to vote at eighteen; they are subject to the draft at Eighteen; they are treated as adults at eighteen; and people Seventeen or less associate with younger children who are under the juvenile court jurisdiction. The age of eighteen appears to be the natural cut-off point for juvenile court jurisdiction, and the great majority of other states use the age of eighteen as their juvenile court jurisdictional cut-off point. It is illogical to send a sixteen-year-old to juvenile court, while his seventeen-yearold partner goes to a Superior Court for trial and possible criminal sentence.
(2) A definition was provided for "delinquent child." Ten sub-categories were created which define the acts a juvenile must commit in order to be adjudged a "delinquent child." The reason for this addition is that the juvenile court's jurisdiction attaches upon a finding of delinquency, in most cases, and due process of law requires that the offender be apprised that his actions are wrong. If a statute is unduly vague, an enterprising attorney can have the statute de clared to be unconstitutional. Georgia's definition of delinquent child should with stand constitutional attack, if this amendment is enacted. If the amendment is not enacted, Georgia will not have a definition of "delinquent child", and charges, of necessity, will be subject to constitutional attack.
(3) The jurisdiction of juvenile courts was extended to children who "are found to be in need of supervision." This enables a juvenile court to have juris diction over children who have not committed a crime, but have done some act injurious to themselves or others--case in point: glue sniffing. This is not a crime, so a finding of delinquency would be improper under our present law. The amendment permits the juvenile court to take custody of the child and see that
he is supervised.
(4) The Act was changed to require that the complaint against the juvenile be set out in writing and that the charges be stated with specificity. This change was necessary in order to meet the requirements of due process and the Gault decision.
(5) The Act was changed to give the juvenile offender the right to legal counsel and the right to be informed of his right to remain silent. These changes were dictated by due process requirements and the Gault decision.
(6) The juvenile court was made a court of record. This has the effect of bringing in to play the Georgia Civil Practice Act and its requirements for pro ceedings in court; the Habeas Corpus Act; and it gives each juvenile court judge a clerk, a seal, and requires minutes and records to be kept of all proceedings. This was dictated by predictions of what the Supreme Court of the United States will require in the future.
(7) A requirement was placed in the Act that provides for an official court reporter to take down testimony of all proceedings. This requirement meets the dictates of Gault.
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(8) Provisions dealing with delinquency and other jurisdiction-giving factors --neglect of child, insufficient guardianship, etc.--were re-written to conform to due process.
(9) The juvenile judge was given authority to issue arrest warrants, writs of habeas corpus, and search warrants.
(10) Provisions dealing with appeals were rewritten so as to conform to a 1956 amendment of the Georgia Constitution.
(11) Various other sections were re-written to make them grammatically correct.
IV. GENERAL RECOMMENDATIONS
(1) The Committee feels that it is absolutely necessary to enact the above changes of the Juvenile Court Act of 1951 in order to keep the Georgia Juvenile Court system in existence. Without these changes, no finding of delinquency by a juvenile court judge will withstand constitutional attack.
(2) The Committee recommends that a study commission, with at least a two-year life, be created to devise modern, efficient and durable juvenile court legislation for Georgia. The Supreme Court of the United States has served notice on the states that it intends to begin an exhaustive review of juvenile court proceedings. Georgia's Act, even with the aforementioned changes, will not withstand heavy scrutiny.
The commission should be composed of judges, law professors, legislators, and lay people who are experienced in juvenile affairs. It should be given a staff, a lawyer and funds with which to conduct the requisite research and draft the ap propriate laws. The Committee feels that Georgia will be able to have proper juvenile court legislation only if a long-term study group is made possible. The Committee experienced the problems that come from too little time to do so much.
The commission's first assignment will be to create laws that will withstand constitutional attack--for years to come. Secondly, the commission will undertake to create a juvenile court system that operates uniformly throughout Georgia. Decisions will have to be made on questions like: "Shall the juvenile courts be made a division of the Superior Court system or shall juvenile courts be separate and apart from superior circuits?"
A copy of the resolution creating the Juvenile Court Law Study Commission is attached hereto and made a part of this report as Exhibit "A".
(10) Provisions dealing with appeals were rewritten so as to conform to a 1956 amendment of the Georgia Constitution.
(11) Various other sections were rewritten to make them grammatically correct.
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V. EXHIBIT A A Resolution
Creating the Juvenile Court Law Study Commission; and for other purposes.
WHEREAS, the Juvenile Court Act of 1951 was created with the view that juvenile courts would act as parens patriae to juvenile offenders; and
WHEREAS, the Juvenile Court Act of 1951 contemplated informal proceed ings designed to afford juveniles protection and guidance as opposed to trial procedures with criminal sanctions; and
WHEREAS, the Supreme Court of the United States in recent decisions has held that constitutional safeguards apply to juvenile court proceedings; and
WHEREAS, the Juvenile Court Act of 1951 needs complete revision in order to meet the standards that experts predict the Supreme Court of the United States will require when the appropriate questions are presented to the Court; and
WHEREAS, the Juvenile Court Act of 1951 needs a complete revision in order to provide for a uniform system of juvenile courts in Georgia; and
WHEREAS, a great amount of study and consideration will be required to provide Georgia with a completely modern juvenile court system that will with stand the test of time and Supreme Court scrutiny;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEM BLY OF GEORGIA that there is hereby created the "Juvenile Court Law Study Commission". The Commission shall be composed of Twelve (12) members as follows: Three (3) members of the House of Representatives to be appointed by the Speaker; Three (3) members of the Senate to be appointed by the President of the Senate; and Six (6) other members to be appointed by the Governor, Two (2) of whom shall be juvenile court judges who are not superior court judges, One (1) of whom shall be a superior court judge, and Three (3) of whom shall be selected from the law schools of Emory University, the University of Geor gia, and Mercer University.
The Commission shall study the juvenile court procedures of Georgia, other states, and of other countries, and shall elicit views from experts in juvenile af fairs and laws. It shall study recent court decisions affecting juvenile courts and shall create a new juvenile court system for Georgia, having in mind a uniform system that will operate throughout the State. It shall be the Commis sion's duty to devise a juvenile court law that is modern, efficient and constitu tionally sound.
The members of the Commission shall be appointed within Thirty (30) days after approval of this Resolution by the Governor or after it otherwise becomes law. The members shall meet within Thirty (30) days after all members have been appointed for the purpose of organizing, electing a chairman and such of-
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ficers as are deemed advisable and adopting the procedures for the operation of the Commission.
The Commission shall remain in existence until December 31, 1969, at which time the Commission shall present to the Governor and General Assembly a re port and proposed legislation creating a new juvenile court system for the State.
The Commission is authorized to employ a fulltime staff, consisting of no more than Two (2) secretaries, a clerk and legal counsel, to be paid for from funds appropriated to or available to the executive branch of government and from other available funds. The compensation to be received by staff members shall be fixed by the chairman.
The members of the Commission shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than Forty (40) days. The superior court judges and juvenile court judges shall be paid from the same funds from which they are otherwise compensated. The other non-legislative members of the Commission shall be paid from the funds appropriated to or available to the executive branch of the government and from any other available funds. The legislative members of the Commission shall be paid from the funds appropriated to or available to the legislative branch of the government and from any other available funds.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS. ******
REPORT OF THE JOINT COMMITTEE TO STUDY THE FEASIBILITY OF ESTABLISHING A STATE LIAISON OFFICE IN WASHINGTON, D. C.
THE COMMITTEE
Honorable A. W. Holloway Senator, 12th District Chairman Honorable Ronald F. Adams Senator, 5th District Honorable Jay Carroll Cox Senator, 21st District Honorable Sam P. McGill Senator, 24th District Honorable Ford B. Spinks Senator, 9th District
Honorable Mac Pickard Representative, 112th District Vice Chairman Honorable Harold G. Clarke Representative, 45th District Honorable Arthur M. Gignilliat Representative, 113th District Honorable Guy Hill Representative, 121st District Honorable Roger W. Wilson Representative, 109th District
November, 1967
REPORT OF THE JOINT COMMITTEE TO STUDY THE FEASIBILITY OF ESTABLISHING A STATE LIAISON OFFICE IN WASHINGTON, D. C.
INTRODUCTION
The Committee was created pursuant to the authority of a joint resolution (Senate Resolution No. 27) adopted at the 1967 session of the General Assembly.
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The President of the Senate appointed the following Senators to the Committee: Honorable Ronald F. Adams, 5th District; Honorable Jay Carroll Cox, 21st Dis trict; Honorable A. W. Holloway, 12th District; Honorable Sam P. McGill, 24th District; and Honorable Ford B. Spinks, 9th District. The Speaker of the House appointed the following Representatives to the Committee: Honorable Harold G. Clarke, 45th District; Honorable Arthur M. Gignilliat, 113th District; Honorable Guy Hill, 121st District; Honorable Mac Pickard, 112th District; and Honorable Roger W. Wilson, 109th District. The organizational meeting of the Committee was held on June 7, 1967, at the State Capitol, at which time Senator Holloway was elected Chairman of the Committee and Representative Mac Pickard was elected Vice Chairman.
The creating resolution charged the Committee with the responsibility of studying the feasibility of establishing a State liaison office in Washington, D. C. In connection with this study, the resolution also provided that the Committee ". . . shall examine the types of offices which have been established by other states, the scope of activities of such offices, the staffing of such offices, and the cost involved in the operation of such offices." The following sections of this re port briefly summarize the Committee's findings regarding these matters as well as the other functions of the Committee. The final section of the reports sets forth the Committee's conclusions and recommendations based on its findings and deliberations.
FINDINGS
A. Existing State Liaison Offices in Washington, D. C. The Committee found that several states including California, New York, Ohio, Pennsylvania, Texas and Virginia have established liaison offices in Washington. While the na ture of these offices varies somewhat from state to state, each of them is pri marily concerned with promoting and protecting the economic interests of the state they represent through close contact and liaison with the Federal govern ment. In protecting and promoting their state's economic interests, these offices obtain and disseminate current information concerning the following subjects:
(1) Any Federal action that would affect business and industry of their state.
(2) Any Federal contracts that might be awarded to businesses and indus tries located within their state.
(3) Any Federal installations already located or which may be located with in their state.
(4) All Federal grant-in-aid programs of interest to state departments and agencies and local governments within their state.
These offices supply the information they obtain and compile to the various agencies of their state government which may be interested in it and, frequently, to local governments, private industry and private business associations. In some instances, these offices work very closely with private industry and help in securing Federal loans and providing other assistance for the businessmen of their respective states.
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Other services provided by some of these offices are promoting tourism with in their states, assisting state residents visiting or living in Washington, con tacting Federal officials and agencies on behalf of state agencies and officials, and performing research.
These offices are usually created as an extension of the Governor's office or as a division or agency of the counterpart of Georgia's Department of Industry and Trade, although in some instances the offices are set up as agencies of other departments of the state government. The liaison office for Texas was created by an Act of the legislature which established the "Division of State-Federal Rela tions in the Office of Governor". The Texas Act also provided that the legislature could establish interim committees to work with and receive information from the Washington office and develop and recommend legislation that might be bene ficial.
The State of California has recently created a legislative liaison office in Washington. This office is entirely separate from the California executive branch and is the only one created exclusively to serve the legislative branch of the state government. The California legislative liaison office began operation only this year and, unlike the offices previously summarized, has the following primary responsibilities:
(1) To supply information requested by the various members and committees of the California General Assembly.
(2) To keep the California General Assembly advised of the progress of actual legislation before Congress which affects the state.
(3) To act as a personal liaison between the various Federal agencies and the California General Assembly.
The staff of these offices varies from a director and one secretary to a direc tor and six additional personnel, including secretarial help. The cost of the opera tion of these offices varies, of course, with their size, but the Committee found that the smallest offices require approximately $50,000 per annum, while the larger offices, such as New York's, cost in excess of $100,000 per annum.
With the exception of the California legislative liaison office, the directors of the liaison offices in Washington ordinarily work in cooperation with their respective state delegations in the United States Congress.
B. Meeting with the Georgia Congressional Delegation. Shortly after begin ning its study, the Committee decided that it would be essential to meet with the members of the United States Congress from Georgia to gain the benefit of their knowledge, experience and views concerning the subject under consideration. The Committee also thought it advisable to observe firsthand the operation of some of the liaison offices that have been established in Washington by other states. As a result, the Committee arranged to visit Washington during the latter part of June to carry out these objectives.
The Committee was fortunate in gaining the attendance of all members of the Georgia congressional delegation at the Washington meeting, and the various aspects of the feasibility of establishing a state liaison office in Washington was
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discussed at length. It is the consensus of the members of the Committee that the meeting with the congressional delegation was informative and constructive and of great benefit to the Committee in arriving at its conclusions and recommenda tions.
The Committee also visited some of the major liaison offices in Washington and interviewed their directors in order to gain firsthand knowledge regarding the operation and effectiveness of these offices. These visits and interviews were also informative and beneficial to the members of the Committee and formed the basis for some of the information provided in this report concerning state liaison offices in Washington.
CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions. Generally speaking, the members of the Committee believe that the state liaison offices which have been established in Washington are pro viding a valuable service for their respective states. The Committee has concluded, however, that it would not be advisable for Georgia to establish such an office by legislative act at the present time, although it may be advisable for the executive branch of the State government to give consideration to the problem of better coordinating Federal and State programs. The Governor, in cooperation with the Department of Industry and Trade or the recently created State Plan ning and Programming Bureau, may wish to consider coordinating State and Federal programs through one of these agencies which might act as a central informational facility on Federal and State programs. Private municipal and county governmental associations and private business associations may also wish to give consideration to the establishment of a liaison office in Washington on either a part-time or full-time basis. These thoughts are merely observations of the Committee, however, and should not be considered formal recommendations to the executive branch or to the private associations.
The primary reasons for reaching the conclusion that a liaison office in Wash ington should not be established by an Act of the General Assembly are as fol lows:
(1) The members of the present Georgia congressional delegation are effec tively providing essentially the same services that a liaison office would provide.
(2) As long as the statement above remains true, the few additional services such an office might provide would not justify the considerable expense involved in establishing and maintaining such an office.
(3) State agencies and their Federal counterparts are effectively com municating at the present time, and the State is not losing any available Federal funds for lack of knowledge of Federal programs.
(4) Local governmental agencies in Georgia have access to information regarding Federal programs through their counterparts at the State level and through the municipal and county associations.
B. Recommendations.
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(1) That no action be taken by an Act of the General Assembly to establish a liaison office in Washington for either the executive or legislative branches of the State government at this time.
(2) That the question of establishing such an office be periodically reexamined by the General Assembly, because the need for such an office could change with time and circumstances.
ACKNOWLEDGEMENT
The Committee wishes to express its appreciation to members of the Georgia congressional delegation for the courtesy and excellent cooperation given to the Committee at the Washington meetings. The Committee would also like to express its appreciation to the personnel of the state liaison offices which the Committee visited in Washington for their assistance and cooperation.
Respectfully submitted,
/s/ A. W. Holloway A. W. Holloway, Chairman
/s/ Mac Pickard Mac Pickard, Vice Chairman
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS. ******
REPORT OF THE MENTAL RETARDATION STUDY COMMITTEE (House Resolution No. 3) ******
THE COMMITTEE
Honorable Virgil T. Smith Representative, 3rd District Chairman Honorable Jack H. Cole Representative, 3rd District Honorable William J. Crowe Representative, 1st District Rev. J. D. Grier, Jr. Representative, 132nd District Dr. A. S. Johnson, Sr. Representative, 25th District
Honorable Nick G. Lambros Representative, 130th District Honorable Dick Lane Representative, 126th District Honorable C. C. Moreland Representative, 28th District Honorable Glenn S. Phillips Representative, 41st District Honorable Howard Simmons Representative, 9th District
December, 1967
REPORT OF THE MENTAL RETARDATION STUDY COMMITTEE INTRODUCTION
The Mental Retardation Study Committee was created pursuant to the pro visions of House Resolution No. 3. Honorable Geo. L. Smith, Speaker of the House of Representatives, appointed the following members of the House to serve
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on the Committee: Representative Virgil T. Smith, Chairman; Representative William J. Crowe; Representative J. D. Grier, Jr.; Representative A. S. Johnson, Sr.; Representative Nick G. Lambros; Representative Dick Lane; Representative C. C. Moreland; Representative Glenn S. Phillips; and Representative Howard Simmons. The Committee was created for the purpose of studying the problems of mental retardation in Georgia. In completing its study, the Committee heard from officials of the various departments of the State government providing services for the mentally retarded, and officials of private associations providing services for the mentally retarded.
FINDINGS AND RECOMMENDATIONS
The Committee found early in its study that the subject of metal retardation is quite complex and that it involves several departments of the State government. Because of the broad nature of the subject and the limited time available, the members of the Committee decided to limit their primary concern to a particular phase of the subject rather than attempting a comprehensive analysis of the many problems associated with mental retardation. The particular phase of the subject on which the Committee decided to focus its attention was the matter of lateral coordination of services among the various departments of the State gov ernment providing services, in one form or another, for the mentally retarded.
As a result of the testimony given to the Committee by some of the depart ment heads, other officials and officials of private organizations, it appeared to the Committee that there is a certain degree of duplication of effort and loss of efficiency resulting from a lack of coordination of services among the depart ments providing services for the mentally retarded. For example, everyone who appeared before the Committee agreed that adequate psychological testing and evaluation is crucial to any successful program for the mentally retarded, whether the program is in the area of treatment, vocational rehabilitation, educa tion or otherwise. It appears, however, that some departments and divisions within the departments are purchasing psychological testing and evaluation serv ices for the mentally retarded independently of each other. The members of the Committee feel that if psychological testing and evaluation of the mentally re tarded were coordinated for all departments and divisions, it may be possible to do a better job in this area for less per capita cost. There are other areas where coordination of services among various departments and divisions of the State government might promote more efficiency and better services for our citizens, and psychological testing is mentioned only by way of example.
The Committee recognizes, of course, that obstacles exist to coordinating serv ices in many instances. In some instances there might be legal obstacles prevent ing coordination, and in others the lack of a vehicle to promote coordination of services might have operated as a disadvantage to the various departments of the State government. As a result of these considerations, the Committee decided to propose a bill for consideration by the General Assembly which would create an interdepartmental council to achieve the coordination of services among the de partments of the State government providing services for the handicapped.
The Committee first considered a version of the bill which created an Inter departmental Council on Mental Retardation, consisting of members of the Department of Health, Department of Education, and the Department of Family and Children Services. As the Committee looked further into the matter, how ever, and heard additional testimony from some of the department heads, it was
INTERIM COMMITTEE REPORTS
3527
decided that the Council should not be limited to the subject of mental retardation but should be expanded to include the coordination of services for all handicapped inasmuch as mental retardation is included in the more general area of handicap ped persons. It was further decided that membership on the Council should be expanded to include the Department of Labor, Department of Corrections, and the Board of Regents, as well as the Department of Education, Health and Family and Children Services, because the handicapped, including the mental retarded, are served by all of these departments.
The Committee also gave consideration to including members of private or ganizations and members of the General Assembly on the Council, but decided that such extensive membership would not be advisable at this time. The principal ob jective of the Committee was to achieve coordination of services among depart ments of the State government, and as a result, the vehicle to achieve this coordi nation should be an "Interdepartmental Council" and not a new and separate State agency, which would be created if the membership included private as sociations and members of the General Assembly.
Attached hereto and made a part of this report as Appendix 1, is a proposed bill creating the Interdepartmental Council on the Handicapped. The members of the Committee recognize that after experience has been gained in the matter of coordination of services among departments of the State government, further refinements might need to be made in the proposed bill, but the Committee feels that the bill, as proposed, is certainly a step in the right direction. If further changes are needed, they should be based on a thorough consideration of the mat ter by the members of the Council and could be set forth in detail in one of the annual reports to the General Assembly that the bill requires the Council to make. The Committee hopes that the members of the General Assembly will give the attached bill careful consideration, and urges that it be adopted at the 1968 ses sion.
Respectfully submitted,
/s/ Virgil T. Smith Representative, 3rd District Chairman
APPENDIX I.
A BILL
To be entitled An Act to create the Georgia Interdepartment Council on the Handicapped; to provide for the membership of said Council; to provide for the powers and responsibilities of said Council; to provide that said Council may promulgate rules and regulations for its own government; to provide for the organizational meeting of said Council; to provide that the Governor shall serve as temporary Chairman for the purpose of calling said organizational meeting; to provide that said Council shall meet at least once during each calendar month; to provide that the members of said Council shall not receive additional compen sation for their services on the Council but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
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Section 1. There is hereby created the Georgia Interdepartment Council on the Handicapped, hereinafter referred to as the Council. The Council shall be composed of twelve members as follows: The State Superintendent of Schools and one official or employee of the State Department of Education designated by the Superintendent of Schools; the Director of the Department of Family and Children Services and one official or employee of the Department of Family and Children Services designated by the Director of said Department; the Director of the State Department of Public Health and one official or employee of the Department of Public Health designated by the Director of said Department; the Director of the Department of Corrections and one official or employee of the Department of Corrections designated by the Director of said Department; the Commissioner of Labor and one offical or employee of the Department of Labor designated by said Commissioner; the Chancellor of the Board of Regents and one official or employee of the Board of Regents designated by said Chancellor.
Section 2. The Council shall have the following powers and responsibilities:
(a) To promulgate rules and regulations for its own government, including rules and regulations governing the election of officers, other than the Chairman who shall be elected as provided in Section 3 of this Act, and for the establish ment of a quorum for the transaction of business;
(b) To make a thorough study regarding the services being provided for the handicapped of Georgia by the various departments and agencies of the State government and by private associations in an effort to better coordinate such services to avoid duplication and inefficiency;
(c) To make advisory recommendations, from time to time, to the heads of the various departments of the State government providing services for the handicapped regarding the steps that should be taken by such departments to coordinate, expand and make more efficient services for the handicapped;
(d) To make an annual report to the General Assembly and to the heads of the various departments providing services for the handicapped setting forth recommendations and suggested legislation, when necessary or desirable, re garding the steps that should be taken by the General Assembly or said de partments or by the General Assembly and said departments to coordinate, expand and make more efficient the services for the handicapped of Georgia. Such report shall be made during the first week of each annual session of the General Assem bly.
(e) To devise a plan for the creation of a central referral and information agency regarding all services available to the handicapped of Georgia on the State and local level. Such plan shall be included in the first annual report to the General Assembly and to the department heads;
(f) To devise a plan for the coordination of services for the handicapped on the local, district or regional level. Such plan shall be included in the first annual report to the General Assembly and to the department heads.
Section 3. The organizational meeting of the Council shall be called by the Governor of Georgia within thirty days after the effective date of this Act. The Governor is hereby designated temporary Chairman of said Council only for the purpose of calling said organizational meeting and presiding until a permanent Chairman is elected by a majority vote of all members of the Council. After the
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3529
organizational meeting of the Council, meetings shall be called and held in ac cordance with rules and regulations adopted by the Council at the organizational meeting, but such rules and regulations shall provide for at least one meeting of the Council during each calendar month.
Section 4. The members of the Council shall not receive any additional com pensation for their services on the Council but shall be reimbursed for any actual and necessary expenses incurred in the performance of their duties.
Section 5. This Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
January, 1968
REPORT OF THE SPECIAL SUBCOMMITTEE OF THE MOTOR VEHICLE COMMITTEE ON LENGTH, WIDTH AND WEIGHT
LIMITATIONS FOR MOTOR VEHICLES
TO: THE CHAIRMAN AND ALL MEMBERS OF THE HOUSE STANDING MOTOR VEHICLES COMMITTEE
Mr. Chairman, your committee appointed for the purpose of looking into re commendations for proposed changes in the restrictions of width, weight and length for motor vehicles has met, concluded its study, and submits the following recommendations:
1. Annotated Code Section 68-407 (Ga. Laws 1941, p. 449, Sec. 3) exempts motor vehicles transporting timber, lumber and piling from all length and weight limitations when transported from the forest where cut to the owner's place of business or residence within the county cut or the adjoining county. The committee recommends that this exemption be repealed with the proviso that two-axle motor vehicles transporting such products be allowed to operate under the exemption until January 1, 1969.
2. That the following maximum limitations as to length and weight apply to motor vehicles transporting forest products:
(a) Length - 75 feet.
(b) Weight - single axle load - 24,000 pounds.
(c) Maximum total gross weight - 78,000 pounds.
No permit will be issued to authorize any such vehicle to exceed these limita tions, under any circumstances. No vehicle transporting forest products which exceeds 55 feet in length should be in operation after darkness or on Saturdays, Sundays and legal holidays.
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3. For motor vehicles transporting poles, piling, structural steel, pre-stressed concrete and piping, the maximum permissible length should be increased to 75 feet.
4. Vehicles transporting those materials set forth in 3 above may exceed the 75-foot limitation by special permit issued by the Highway Department pursuant to the following procedure:
(a) Persons and firms engaged in transporting such materials will be licensed according to the following scale:
5 vehicles or less 6 to 10 vehicles 11 to 50 vehicles 51 to 100 vehicles above 100 vehicles
$ 50.00 per annum 100.00 per annum 250.00 per annum 500.00 per annum
1,000.00 per annum
(b) These permits will be issued on an annual basis and predicated upon the number of vehicles owned as of January 1st of each calendar year and shall permit unlimited trips during the effective period of the license.
(c) For isolated incidents of transporting such materials not war ranting a yearly license, single-trip permits in accordance with the exist ing procedures will be continued at the option of the operator.
5. The State Highway Department should decentralize its permit operations so that facilities will be available for securing permits to exceed width, length and weight limitations in each highway division office and each State patrol divi sion headquarters.
6. We recommend the following mandatory safety procedures for all motor vehicles transporting 5' 3" pulpwood:
(a) Motor vehicles with fixed metal standards should have one binder chain of 5/16" or cable equivalent.
(b) Motor vehicles with movable or wooden standards should have two binder chains of 5/16" or cable equivalent or combination thereof.
(c) The present law for binding logs or lumber (95-613) should be amended to read "5/16" chain or cable equivalent". This would specify sizes as in the other load binder provisions.
7. During the course of this committee's study, it came to our attention that there are in this State jurisdictions who do not see fit to prosecute to a final conclusion violators of the width, length and weight provisions of this State's laws. It also came to our attention that there are a number of jurisdictions which do not remit the State's proportionate share of the fines and forefeitures derived from violations of the size and weight laws.
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3531
We recommend that the Attorney General institute immediate action to secure the State's lawful share of all fines and forfeitures from those jurisdic tions which are not now presently remitting the same. We further recommend that the State Highway Department periodically inform the governing authorities of those jurisdictions in which such violators are not being prosecuted, as well as the members of the General Assembly, so that appropriate corrective action may be taken.
Respectfully submitted,
/s/ Bobby AV. Johnson Bobby W. Johnson, Chairman Representative, 40th District
/s/ Joe Frank Harris Joe Frank Harris, Vice-Chairman Representative, 14th District
/s/ Jack H. Cole Jack H. Cole Representative, 3rd District
/s/ John H. Anderson, Jr. John H. Anderson, Jr. Representative, 71st District
/s/ David N. Vaughan, Jr. David N. Vaughan, Jr. Representative, 14th District
/s/ Bert Ward Bert Ward Representative, 2nd District
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS ******
REPORT OF THE HOUSE NATURAL RESOURCES COMMITTEE (House Resolution No. 3) ******
THE COMMITTEE
Honorable A. B. C. Dorminy, Chairman
Representative, 72nd District 701 W. Central Avenue Fitzgerald, Georgia 31750
Honorable Fulton Lovell, Vice Chairman
Representative, 6th District Clayton, Georgia 30525
Honorable Edwin C. Poss, Secretary
Representative, 17th District RFD Hull, Georgia 30646
Honorable Joseph A. Battle Representative, 116th District 2308 Ranchland Drive Savannah, Georgia 31404
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Honorable Ward Edwards Representative, 57th District Butler, Georgia 31006
Honorable James D. Mason Representative, 22nd District Route 1, Oak Road Snellville, Georgia 30278
Honorable G. Ed Knapp Representative, 109th District 4435 Pio Nono Avenue Macon, Georgia 31206
Honorable John Harvey Moore Representative, 20th District 503 N. Cave Spring Street Cedartown, Georgia 30125
Honorable W. E. Laite, Jr. Representative, 109th District 2948 Crestline Drive Macon, Georgia 31204
Honorable A. T. Land, Sr. Representative, 53rd District Allentown, Georgia 31003
Honorable Dick Lane Representative, 126th District 2704 Humphries Street East Point, Georgia 30044
Honorable Alien LaRue Parrish, Sr. Representative, 96th District 301 E. 4th Street Adel, Georgia 31620
Honorable David N. Vaughan, Jr. Representative, 14th District P. O. Box 534 Cartersville, Georgia 30120
Honorable George W. Smith Representative, 117th District 2218 Deer Ridge Drive Stone Mountain, Georgia 30083
Honorable Harry Magoon Representative, 19th District 410 E. Franklin Street Hartwell, Georgia 30643
Honorable Richard L. Starnes, Jr. Representative, 13th District 1001 Terrace Drive Rome, Georgia 30161
Honorable Howard Simmons Representative, 9th District Ellijay, Georgia 30540
Honorable Fred L. Winkles Representative, 120th District 878 Falcon Drive, S. W. Atlanta, Georgia 30311
Honorable John H. Hadaway Representative, 46th District Hillsboro, Georgia 30138
REPORT OF THE HOUSE NATURAL RESOURCES COMMITTEE
(House Resolution No. 3)
During the 1967 Session of the General Assembly, the Natural Resources Committee resolved to investigate and study the various procedures and holdings of the Georgia Forestry Commission.
The first phase of the Committee's investigation was to visit, for two days, the headquarters of the Georgia Forestry Commission in Macon. The Director, Ray Shirley, and his staff briefed the Committee on the various programs, serv ices and operations of the Commission, thus providing for the committee an excel lent overview of the Commission's functions.
While in Macon, the Committee discussed matters with the Director and his staff, watched slides, took tours and observed demonstrations. The service pro grams of forest protection (including fire, insect and disease protection) for the
INTERIM COMMITTEE REPORTS
3533
24,066,000 acres of forest land owned by private individauls and the State were explained to the Committee fully.
The Committee's feelings, after the two-day session with the Director, were that the Georgia Forestry Commission is being handled most ably.
In November, the Committee visited several points of interest in the Savan nah area. The Committee toured Union Camp Corporation's vast operation on the Savannah River. The plant employs some 5,300 people and produces from 900,000 to 1,000,000 tons of paper products annually. In 1966, the plant was the first mill to pass the million-ton figure when it produced 1,001,202 tons.
The Committee was informed that the plant uses 4,000 cords of pulpwood per day. Accordingly, the company is concerned with and involved in forest regenera tion and conservation, and has been a leader in forest managment technique in Georgia.
The plant uses slash, longleaf, loblolly and short leaf pine, plus hardwoods of tupelogum, redgum, bay, magnolia, yellow poplar and maple.
The Committee was informed by the officers of Union Camp that Georgia is the largest supplier of pulpwood in the nation and is the leader of the Tree Farm movement.
Next on the Committee's agenda was the impressive Herty Laboratory facility in Savannah. The Herty Foundation is the successor of the Savannah Pulp and Paper Laboratory which was established in 1932 when the late Dr. Charles Holmes Herty was Director of Research for Pulp and Paper of the Geor gia State Department of Forestry.
The principal objective of this laboratory was to find a use for fast growing and resinous Southern slash pine, especially trimmings from dense stands. The most significant accomplishment was the production of sulfite and groundwood pulps and their conversion into newsprint. This led to the establishment of the first newsprint mill in the South and greatly influenced and hastened develop ment of the paper industry in the South with accompanying beneficial effect on the economy.
In 1938 by an Act of the Georgia General Assembly, the Herty Foundation was created to assume the assets of the Savannah Plup and Paper Laboratory and to operate under a trusteeship of the State. Since 1938 Herty Foundation has developed into a unique institution exclusively for reseach and development on all fibrous materials, specifically on forest and agricultural products and synthetic fibers, emphasis is on pulping and papermaking in the broadest sense. Other areas of interest are: (1) conservation of natural resources, (2) improvement of water and air, (3) evaluation of materials for use in pulp and papermaking.
New quarters and improved facilities provided in 1957 have enabled Herty to grow because of the quality of its work and service. This established an excellent reputation with clients from whom all funds for operations were derived. To satisfy requirements of clients, additional quarters and equipment had to be installed in 1967. Herty Foundation is in a position at present to render greater service than it has in the past and to contribute still more to the economy and welfare of Georgia, the South, and the Nation.
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The Committee then boated to Skidaway Island for a tour of the proposed O. S. C. A. Site.
The Committee spent several days in Middle Georgia observing experimental stations and pulpwood mills.
The Committee also took time out to visit the Coweeta Experiment Station in Franklin, North Carolina, where many problems were discussed concerning experimentation of Southern Appalachian Conifer and Hardwoods common to the region--especially the effects and measurement of rainfall.
The Committee wishes to thank the following gentlemen for their most able assistance during the various tours:
Ray Shirley, Director of the Georgia Forestry Commission. James C. Turner, Assistant Director and Chief, Forest Protection. W. H. McComb, Chief, Forest Management. Sanford Darby, Chief, Reforestation. Frank Craven, Chief, Forest Education. George Bishop, Chief, Forest Administration. Jim Wynens, Seed Orchard Development.
Bill Miles and Tom Hankinson, who so ably demonstrated the various devices used in forestry.
The Committee was, and is, pleased with the way the Georgia Forestry Com mission is being run. The men are able, the equipment is capable, and the plans and ideas are excellent.
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 OCEANOGRAPHIC STUDY COMMITTEE (House Resolution No. 3) ******
THE COMMITTEE
Honorable Charles M. Jones, Chairman
Representative, 76th District
Honorable Chappelle Matthews Representative, 29th District
Honorable Arthur J. Funk Representative, 116th District
Honorable Paul E. Nessmith, Sr. Representative, 64th District
Honorable Joseph A. Battle Representative, 116th District
Honorable Richard M. Scarlett Representative, 85th District
Honorable John F. Collins Representative, 62nd District
Honorable J. Robert Tye Representative, 115th District
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The Oceanographic Study Committee was created pursuant to the authority of House Resolution No. 3. The Speaker of the House appointed the following members of the House to the Committee:
Honorable Charles M. Jones Representative, 76th District
Honorable Chappelle Matthews Representative, 29th District
Honorable Arthur J. Funk Representative, 116th District
Honorable Paul E. Nessmith, Sr. Representative, 64th District
Honorable Joseph A. Battle Representative, 116th District
Honorable Richard M. Scarlett Representative, 85th District
Honorable John F. Collins Representative, 62nd District
Honorable J. Robert Tye Representative, 115th District
Your Committee, composed of the aforementioned members, is pleased to make the following report on the status of the OSCA activity.
First, however, we would like to remind you that our Georgia project on Skidaway is one of first magnitude as an educational and research resource to the State, with eventual economic repercussions which will be State-wide in ef fect.
The OSCA research activity excepts to participate in the present Federal $3,000,000,000 per year expenditure for this work and to earn a substantial part of the $600,000,000 which the Federal Government is expected to spend in the early 1970's. This money supports research activities, contracted out to oceano graphic stations of acknowledged excellence throughout the country, and is a cornerstone of national defense. The U. S. Navy enumerates some 70 budget items in the oceanographic spectrum covering subjects from anti-submarine surveil lance to the medical aspects of under-water operations. This research enters ac tively into biological and technological fields alike.
In the industrial areas the oceanographic field is moving ahead in such areas as undersea oil drilling, marine life conservation and harvesting, desalinization, corrosion resistant materials, sea protein sources. The list is growing. One trade survey indicates that one out of four of America's 500 largest corpora tions have an oceanographic interest, while another estimate puts the figure at 60 percent. Westinghouse, for example predicts that 10% of its sales, or $400,000,000 will come from products of its oceanographic enterprises by 1975. North American Aviation makes a similar prediction. The excellence of our Skidaway facility, the timeliness of its research findings, the national attention that it is bound to attract, the wholehearted local and State support it is receiving, will inevitably focus the attention of industrialists to the area. The station is a new asset; a new resource.
It will be of interest to know that the Government's offshore oil lease liquidate the amount it spends on its oceanographic effort. Latest available data indicated that the value of off-shore gas and oil production was $779 million, 6% of the U. S. total. The recovery of mineral deposits on the sea floor (such as the Blake Plateau off the Georgia coast) will make our country mineral rich in certain critical items instead of mineral poor. One of the objectives of oceanography is better weather forecasting. It has been estimated that a 10% increase in forecasting would save southeastern growers millions of dollars a year. These are but some of the facets of oceangraphic knowledge to which Georgia has committed itself.
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To return to our committee activities proper, your committee has had two formal meetings since its organization, but I say with pride that each member of this Committee has had an intimate working experience with one or more of the following programs of OSCA activity, to the end that it is a working committee dedicated to the objectives of this program.
During the fall of 1966 the OSCA site selection committee of the Georgia Science and Technology Commission was beginning with its work, and it was the prerogative of this Committee to see that the selection committee was afforded a full and impartial view of the assets of the several communities that were considered. The selected committee eventually announced that the Skidaway Island site in Savannah was chosen as the location for the State's oceanographic venture.
In September of 1967 the people of Chatham County in an unprecedented vote of approval (the margin being nine to one in favor) approved $3,600,000 worth of general obligation bonds to finance a bridge to Skidaway Island to service the center and the general growth of the island. Your Committee members from Chat ham County worked tirelessly to build up voter sentiment for this project, and the success of their efforts is apparent.
Construction work on the first segment of the road began on December 27 and bids will be asked for the Back River bridge in March of this year, and in July of this year the county will advertise for a bascule bridge across Skidaway Narrows.
In November of 1967 at a public ceremony in Savannah with your Committee members present, OSCA organization accepted a deed of gift from Mr. Robert Roebling conveying his northern portion of the island to OSCA fronting on the intra-coastal Waterway along with a number of pieces of equipment needed for land clearing, grading, and drainage. His gift also included a number of pieces of valuable marine equipment, including a steel barge of 30 tons capacity.
Simultaneously with the Roebling transaction, the Union Bag Camp Cor poration is preparing a conveyance to give to OSCA some 500 acres of high land. The Union Bag gift makes available about 3,000 feet of deep water front age to the property.
It is estimated, with the increase in island values in coming years that will be produced by the bridge, that these two donations will have a multimillion dollars value and the thanks of this Committee and the Savannah community in general go to these two donors.
Your Committee is pleased to report that the use of the island property is being carefully planned by the OSCA authorities, these authorities having en gaged the industrial development branch of Georgia Tech for a detailed land use plan. Assisting them is Arthur D. Little, Inc., an organization of recognized sta ture in the oceanographic field. The two organizations, along with the local Chatham County Metropolitan Planning Commission, will also give broad plan ning suggestions for the island in general. We are pleased with the careful ap proach exhibited by the members of the project, a theme discussed in some de tail at our Committee meetings.
The Committee is cognizant of and endorses the five lines of research activity announced by Dr. Tom Jackson, Director of the Institute to be located on the
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island under the direction of the Board of Regents. They are: 1) geophysical ex ploration of the continental shelf, 2) marine biological sciences, 3) undersea vehicle design, 4) undersea communication, and 5) minerals mining. Your Com mittee calls attention to the fact that Dr. Jackson is an acknowledged leader in the research field and has performed a number of contracts with the Navy, in the mine countermeasures branch and other departments. Thus, the Savannah activity begins with entree into the oceanographic field in a very important gov ernment activity.
Your Committee has likewise taken a keen interest in the location of a state parks activity on Skidaway, visualizing these activities as complementary to each other and viewing with pleasure the announcement from the State Parks that tentatively the Big Ferry site on the island has been selected facing the Intracoastal Waterway and affording some 500 acres of land containing some of the most beautiful natural portions of the island. All of the members of this Com mittee have visited the site.
Your Committee wishes to announce that the budget submitted by the OSCA activity represents the considered judgment of each member of our Committee. We reviewed it pro forma at our last meeting and have previously had it under study as individual members. Without going into details, the budget breaks down into three basic components; construction, personal services, and operations. Construction involves the erection of the first permanent building, a multi purpose structure for research, instruction, assembly and administration, and the land-fill phase of the deep water dock facility. The second element consists of personal services for the OSCA staff; the third element is the cost of operations of the Institute for Advanced Studies, which will have already begun by the time you receive this report. This institute visualizes in its first year of operation a staff of post-doctoral type projects directors (and assistant directors) and technicians embarking on work connected with under-water mobility devices and life support systems, desalinization, thermal systems, mapping, geological survey and instrumentation development (this latter also pertaining to commercial fishing techniques). The total amount of budget is $1,539,572.
These programs, while situated on Skidaway, will also draw upon the tech nological might of the University of Georgia and Georgia Tech, both long oriented to the National research program.
In short, your Committee deems it a pleasure not only to have had a part in the inception of this program when it was unanimously supported by the House, but also to have assisted in the fullest practical extent in its execution. We rep resent in the House, therefore, a wide-awake commission which is moving and wasting no time in identifying itself with the urgently necessary governmentoriented oceanographic activity, as well as the emerging industrial significance of ocean science, which can call on a sea resource covering 71% of the earth's surface. We concur with Senator Richard B. Russell, who said the following:
"The State of Georgia has taken a giant step forward in the field of technology and research in the development of the Ocean Science Center at Skidaway Island.
The world's greatest store of untaxed resources lies beneath the sea, and the importance of exporting these resources for the well-being of mankind is incalculable.
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In my career as a public servant, I have been convinced time and again of the wisdom of finding ways to make the gifts of providence serve us through the establishment of research facilities. I am, there fore, filled with pride in the knowledge that the Ocean Science Center Makes Georgia a pioneer in oceanic research."
Respectfully submitted,
Honorable Charles M. Jones, Chairman
Representative, 76th District
Honorable Chappelle Matthews Representative, 29th District
Honorable Arthur J. Funk Representative, 116th District
Honorable Paul E. Nessmith, Sr. Representative, 64th District
Honorable Joseph A. Battle Representative, 116th District
Honorable Richard M. Scarlett Representative, 85th District
Honorable John F. Collins Representative, 62nd District
Honorable J. Robert Tye Representative, 115th District
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVE, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA, AND ALL OTHER INTERESTED PERSONS
REPORT OF THE PARI-MUTUEL BETTING STUDY COMMITTEE
(House Resolution No. 3)
THE COMMITTEE
Honorable Richard L. Starnes, Jr. Representative, 13th District Chairman
Honorable William B. Steis Representative, 100th District Vice-Chairman
Honorable Marvin E. Moate Representative, 39th District
Honorable W. Lance Smith Representative, 114th District
Honorable Kiliaen V. R. Townsend Representative, 140th District
Honorable Hubert Dollar Representative, 89th District Secretary
Honorable Benjamin D. Brown Representative, 135th District
February, 1968
INTRODUCTION
The Pari-Mutuel Betting Study Committee was created by the Speaker of the House of Representatives pursuant to the authority vested in him under House Resolution No. 3. The Speaker appointed the following members to the committee:
Honorable Richard L. Starnes, Jr. Representative, 13th District
Honorable Marvin E. Moate Representative, 39th District
Honorable W. Lance Smith Representative, 114th District
Honorable Kiliaen V. R. Townsend Representative, 140th District
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Honorable Benjamin D. Brown Representative, 135th District
Honorable Hubert Dollar Representative, 89th District
Honorable William B. Steis Representative, 100th District
Representative Richard L. Starnes was appointed Chairman of the com mittee by the Speaker of the House of Representatives. Representative William B. Steis was elected Vice-Chairman and Representative Hubert Dollar was elected Secretary by the committee.
FINDINGS
The committee was created by the Speaker of the House of Representatives to study the desirability of pari-mutuel betting in Georgia. The committee re quired the Office of Legislative Counsel to obtain copies of the pari-mutuel bet ting laws in the twenty-nine states which have legalized pari-mutuel betting and any other research reports or background studies published by the other states on pari-mutuel betting.
Attached to this report as "Exhibit A" is a breakdown of the revenue collected from horse racing alone during 1966 by the states which have legalized parimutuel gambling. This revenue is the total tax monies collected on thoroughbred, harness and quarterhorse races. The committee was unable to obtain similar information on dog racing but it is believed that the revenue to the states which have legalized dog racing amounts to substantially more than the revenue collected on horse racing because the racing seasons are longer.
The State of Connecticut conducted a comprehensive study in 1965 to deter mine whether or not horse racing should be authorized in that state. The Con necticut majority report is quoted below:
"MAJORITY REPORT
In our deliberations, we considered one of our major responsibilities to be the determination of the question of raising revenues for the State. At the conclusion of our investigation, we feel that the State could expect to realize revenue in an amount between 3 million and 3% million dollars. This does not represent even one per cent of the State expenditures. In addition, New Eng land and adjacent states are 'over raced' as things are now and Connecticut could not for many years, if ever, compete as a first rate racing operation. For these reasons, we consider the insignificant amount of revenue that would be realized would not in any way alter or alleviate the Tax structure of the State and so we voted to recommend against the establishing of Pari-Mutuel betting in Connecticut.
However, we do not wish our vote to be interpreted to be in any way against the sport of Horse Racing or Pari-Mutuel Betting in connection there with. After interviewing hundreds of people in communities that have long been accustomed to the presence of a race track, we have come to the conclu sion that the claims of bad influence on economic, social, welfare, and criminal aspects in a community are greatly exaggerated. In the small percentage of cases where abuse may be demonstrated, we feel that this is an insignificant number to condemn horse racing because of the small abuse.
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In summary, we did not feel that it was our position to lobby for or against pari-mutuel betting. We tried to present the facts as we found them. We conclude that the estimated revenues to be obtained in only a 'drop in the bucket'. If the citizens of Connecticut desire a race track for recreational pur poses or for amusement, a different question is presented. But it should not be presented to the people as a valid revenue producing venture.'^1)
The primary reason the committee in Connecticut voted against establishing pari-mutuel betting was that the estimated revenues would be negligible compared to overall revenues and that the issue should not be presented to the people as a valid revenue producing venture. The majority report was signed by six members and there were two individual concurring majority reports.
A minority report signed by four members was also submitted. The Connecti cut minority report is quoted below:
"MINORITY REPORT
The subject is beclouded with emotion and preconceived notions. We have done our best to uncover such facts as are available, yet must always recognize that there are many intangible factors which can not be reduced to fact. Concerning such elements widely divergent opinions have been weighed by the committee.
Based upon our investigation we conclude that pari-mutuel betting will not have a harmful effect on the moral climate or the economy of the state. We conclude that competition for the racing dollar will limit large tax revenue for several years but that eventually an appreciable addition to state tax revenue will accrue from pari-mutuel betting.
We believe that the great majority of the people in the state want legal ized betting on horse races and the legislature should permit it under very careful controls."(2 )
HISTORY AND MECHANICS OF PARI-MUTUEL GAMBLING
Prior to 1872 all wagers were made either directly between interested persons or with bookmakers, a breed of semi-outlaws who lived by their wits. From a bookmaking background, M. Oiler, an 18th Century Parisian businessman devised the pari-mutuel system of betting. After experiencing some losses at bookmaking, he decided it would be beneficial to devise a system whereby the people would bet among themselves and distribute the money among the winners. To name the game, he chose the French verb "parier", meaning "to wager" and attaching the shortened form pari to mutuel meaning "between ourselves". The effect was to make a true market, to insure a return exactly in accordance with the mass opinion, as opposed to the bookmaking method under which the return depends upon the contest of wits between the better and the bookmaker. Racing was to be rescued by this timely innovation which completely transformed the pastime from the dubious diversion of the sporting nabobs, to a complicated activity run by entrepreneurs for profit under the sanction of tax hungry state governments/3) (4)
Today racing has become a commercialized sport cashing in on its entertain ment value, much like professional baseball, football, basketball, and hockey but
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with one notable difference--by placing bets spectators participate in the action. It is interesting to note that racing attracts more spectators than any other sport. More than twice the number who see professional baseball or professional or collegiate football.C5)
Under the rules governing pari-mutuel betting, the player purchases a partici pation in the pool, e.g., $2.00 to "win", or to "place" or to "show", and he has no assurance as to his return should he win, beyond the knowledge that he will share proportionately with all players of the same opinion. He receives no unfair advan tage, nor does he suffer from any discrimination. Obviously, the pari-mutuel prop erly supervised, is the fairest to the general public.C6)
The wagering transactions and the betting odds are recorded and computed in the wink of an eye by a formidable device known as the totalisator. It may be described as a computer, activated by electronic impulses set in motion the instant the player exchanges his money for a ticket appropriate to his wager. It is entirely a machine transaction in which the totalisator instantly and automatically records the cash received, assigns the bet to the right wagering pool, adjusts the odds and flashes the changes to an illuminated tote board in public view. Betting windows are closed only seconds before the particular race begins.C7)
These totalisator machines are an integral part of every licensed racing track in the country. Normally, they are not owned or operated by the track manage ment, but are the exclusive property of an independent company which supplies not only the machines but the operators as well, all under a leasing and service arrangement. The company guards the integrity of its machines and its men jealously. In every case machines and men are removed the day after the racing season ends to be installed and re-activated at the beginning of the ensuing season.( 8 )
MORAL ASPECTS OF GAMBLING
In 1966 the Christian Life Commission of the Georgia Baptist Convention spent a year in studying gambling, and reported upon its study and investigation and findings. Quoted below is a portion of the report relating to individual and family life and psychological factors in gambling:
"THE INDIVIDUAL AND FAMILY LIFE
The greatest harm in gambling comes from the damage done to human personality and the family. Win or lose, the gambler's life is affected. Some thing happens to him.
Even if he wins, he takes out of the society more than he puts in. Greed enters his life. He has learned a short-cut, and his interest in his work is not the same. His whole moral life begins to deteriorate."(9)
"PSYCHOLOGICAL FACTORS IN GAMBLING
Psychologists say that almost everyone has at some time a desire to gamble. Most people resist this urge by finding other interests that provide
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excitement or relief from the tensions involved. Evidently the urge to wager is stimulated by a number of factors: personality, maladjustment, emotional disorder, spiritual sickness, economic need, the pressure of materialistic soci ety, and inability to use leisure time creatively. All contribute to one's desire to gamble.
The gambling-prone personality not only becomes involved in social gambling, but becomes a public gambler due to the accessibility of gambling opportunities made legal and given the acceptance of respectability. Approxi mately fifty to sixty million Americans gamble, and six million are compulsive gamblers.
For the compulsive gambler, gambling is religion.
The gambler through his very act of gambling is affirming a creedal proposition: Behind the seeming uncertainty and chance of event in the human context, there is order. Through devotion to his spirit world, a world called 'luck', the gambler believes he can both discover and control this order.
Environed by education escalation, space exploration and religious matur ation, the gambler remains a devotee of black magic and superstition. To dispel bad luck, he throws salt over his shoulder, knocks on wood, avoids black cats. To engender good luck, he wears an old hat, necktie, or tiepin.
He is a believer in revelations. He dreams dreams and sees visions of winning numbers or unbeatable 'systems'. He experiences a sudden burst of 'inner light' and feels in his bones the fire of a winning streak.
Further, gambling for the compulsive gambler is a religion of crisis. He goes to the brink, walks on the edge and dangles over the precipice of economic ruin. The crisis is like unto life and death.
To his strange religion, the gambler gives a total commitment. He counts 'all things but loss' for the sake of the game. When he shuffles the cards or rolls the dice, he has put his hand to the plow.
But precisely in this crisis where he risks all and commits all, the gambler receives his thrill.
The compulsive gambler is an odd mixture. He has an egotistical drive to win but at the same time a neurotic desire to lose. And it is the latter desire that is dominant.
Despite the overt behavior which appears bent on winning, the gambler's unconscious but real desire is to lose. For in losing, the gambler uses his gambling in another religious act. He punishes himself and feels a certain clean feeling of forgiveness for his plaguing guilt.
The compulsive gambler is neurotic. He is ill. For society to place at his disposal the instruments for his own mental, moral and spiritual self-destruc tion is a crime of the first magnitude.'^1 )
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POTENTIAL REVENUE TO THE STATE OP GEORGIA
Based upon the Missouri Report which indicated that the State of Missouri would collect approximately 10 million dollars annually if pari-mutuel gambling was legalized in that state, the State of Georgia could expect to collect approxi mately five million dollars annually if pari-mutuel gambling was legalized in this State.
These estimates do not include the sums that would be spent by the spectators who would attend the races. As mentioned in the Missouri Report, it is possible to conceive of people from surrounding states journeying to Georgia for entire week ends. This, of course, would be an assist to the restaurant, hotel and tourist industries. There is a possibility that horse breeding would become a major indus try in the State of Georgia. Agricultural products and industry would expand in an entirely new direction in Georgia. The breeding and the training operations required to support major thoroughbred racing ventures would be immense. These requirements would be reflected in increased demands for feed, supplies and for the expensive animals themselves.
CONCLUSIONS
The members of the committee have attempted to conduct an objective study of pari-mutuel betting. We have studied the laws of the various states which have legalized pari-mutuel betting and we have also reviewed the statistics, background studies and research reports prepared by the other states. We do feel, as was pointed out in the Connecticut majority report, that the claims of bad influence on economic, social, welfare and criminal aspects in a community are greatly exaggerated.
If the State of Georgia wishes to adopt pari-mutuel betting as a minor source of revenue and a major source of recreation and a boost to industry and commerce, particularly in relation to agriculture, the committee recommends that the Florida law, which allows local option by the counties, conditioned upon approval by the voters in such counties, be used as a model or guide. The Racing Commission or Board, which would supervise all of the aspects of racing, could be placed under an existing department without the necessity or expense of creating a new depart ment. The Committee emphasizes that this report should in no way be interpreted as an endorsement for or against pari-mutuel betting. The mission of the commit tee was fact finding only and we do not presume to dictate to the other members of the General Assembly what stand they should take relative to pari-mutuel betting.
ACKNOWLEDGEMENTS
The members of the committee wish to express their sincere appreciation to all persons who appeared and testified before the committee, particularly Dr. Searcey Garrison, Executive Secretary of the Georgia Baptist Convention, Mr. Jack U. Harwell, Editor of the Christian Index and Mr. Cothran Campbell, Presi dent of the Georgia Thoroughbred Association.
Respectfully submitted,
/s/ Richard L. Starnes, Jr. Richard L. Starnes, Jr. Representative, 13th District Chairman
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/s/ William B. Steis William B. Steis Representative, 100th District Vice-Chairman
/s/ Hubert Dollar Hubert Dollar Representative, 89th District Secretary
/s/ Marvin E. Moate Marvin E. Moate Representative, 39th District
/s/ W. Lance Smith W. Lance Smith Representative, 114th District
/s/ Kiliaen V. R. Townsend Kiliaen V. R. Townsend Representative, 140th District
/s/ Benjamin D. Brown Benjamin D. Brown Representative, 135th District
EXHIBIT "A"
Horse Racing Revenue to States for 1966*
State Arizona Arkansas California Colorado Dleware Florida Idaho Illinois Kentucky Louisiana Maine Maryland Massachusetts Michigan Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York Ohio Oregon Pennsylvania Rhode Island South Dakota
Total $ 1,632,357
1,244,900 20,228,835
1,157,874 5,194,570 8,200,110
105,667 19,264,444
6,104,085 2,434,950 1,312,533 10,001,725 4,538,978 8,165,266
263,068 2,583,000 __ __________ 3,722,091 8,940,760 4,534,934 37,542,392 10,076,016
833,620 5,473,028 3,598,126
308,515
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State Vermont Washington West Virginia Total
Total 1,576,842 1,885,160 5,922,240 $176,855,086
*The National Association of State Racing Commissioners, Lexington, Kentucky
FOOTNOTES
1 . Horseracing for Connecticut? A Study of the Proposal. Connecticut Horseracing and Pari-Mutuel Study Committee Hartford, Connecticut 1965, p. 89
2 . Ibid, p 92 3 . Comptrollers Report on Pari-Mutuel Gambling State of Missouri, 1966,
P. 4
4 . Joint Legislative Study Relating to Division of Pari-Mutuel Pool Commis sion. Joint venture between the State of Vermont and Licensee, State of Vermont, pp. 5-6
5 . Ibid, p. 5
. Ibid, p. 6
7 . Ibid, p. 6
8 . Ibid, p. 7
9 . Gambling, A Study of the Christian Life Commission--Georgia Baptist Convention 1966, p 3
10 . Ibid, pp. 3-4
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 INSTITUTIONS SUBCOMMITTEE ********
THE COMMITTEE
Honorable J. T. Dailey, Chairman Representative, 66th District
Honorable J. Lucius Black Representative, 56th District
Honorable Thomas A. Roach Vice Chairman Representative, 15th District
Honorable John F. Collins Representative, 62nd District
Honorable George W. Potts, Secretary Honorable Dewey D. Rush
Representative, 33rd District
Representative, 75th District
December, 1967
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REPORT OF THE PENAL INSTITUTIONS SUBCOMMITTEE
On the 28th day of April, 1967, the Honorable George L. Smith, Speaker, House of Representatives, requested the Penal Institutions Subcommittee of the State Institutions and Property Committee to institute an immediate and thorough investigation of all state and county correctional institutions located within the State of Georgia. The Committee on the aforesaid date began its investigation by onsight inspection of all camps. These visits were made by the Committee without prior announcement and at various times during the day and night. Particular attention was paid to physical facilities, sanitary conditions, treatment of pris oners, kitchen facilities and diet. On each inspection, several prisoners were chosen at random and interviewed at length concerning the operation of the camp, diet and treatment received by all inmates. Guards, wardens and commissioners were also interviewed.
The inspection revealed that there are approximately 8,370 prisoners incar cerated in our correctional institutions, of this number, 7,586 are felons and 787 are misdemeanors. Approximately 4,800 inmates are confined to the Georgia State Prison at Reidsville, the Georgia Industrial Institute at Alto, the Training and Development Center at Buford, the twelve road prison branches, the Battey State Hospital, the Colony Prison Farm and the Stone Mountain Prison Branch. There are approximately 3,200 prisoners confined to 74 county public work camps. It is estimated that the costs per day per inmate range from $3.75 to $4.50.
There are presently 2,850 inmates confined to the Georgia State Prison at Reidsville. This number is in excess of the capacity for which this prison was built. It was pointed out to the Committee that the prison population should not by any means exceed 2,400 prisoners at any one time and that it would be a much better and more efficiently operated institution if the population could be reduced to 2,000. The physical facilities at Reidsville were found to be in reasonably good condition, the buildings and adjacent grounds were neat and orderly, with the exception of the kitchen and dairy barn, which in the Committee's opinion should be modernized or replaced. The wooden buildings are old and are expensive to maintain. It is felt that some consideration should be given to removing them and replacing them with masonry structures.
It was also pointed out to the Committee that a smaller kitchen is needed for the purpose of preparing food for prisoners who are on special diets, prescribed by the prison physicians.
The State owns approximately 9,000 acres of land at Reidsville and approximately 8,000 acres are in cultivation, producing a major portion of the food for the inmates.
A new industrial facility is presently being erected and when completed will produce uniforms, clothing and shoes for prison inmates and personnel. A new canning plant is also being erected and a more modern up-to-date license tag plant.
It was also pointed out by correctional officials that the State of Georgia spends approximately $65,000 annually for tobacco furnished the inmates. It is estimated that a modern Tobacco Processing Plant could be established at Reids ville in connection with the other industrial facilities for approximately $75,000 that by so doing the State could save in the neighborhood of $35,000 per year.
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It was determined by the Committee that most correctional officials in Geor gia work a 60 hour work week at a starting salary of $326.00 per month and that in view of this, it is most difficult to employ capable personnel or to keep them for any length of time. It was the feeling of all correctional institution officials inter viewed that the work week should be shortened and that the starting salary should be increased. It was also felt by officials that if the State could erect an additional number of low cost houses at Reidsville for custodial officials that this would be an added incentive and would make it much easier to hire and keep qualified personnel.
By far, the major portion of the Committee's time was spent investigating the 74 county work camps located throughout the State. As the Committee began its investigation, it was evident that most counties recognized the need for up grading and improving their correctional facilities and immediately instituted certain reforms and clean-up campaigns. Almost all of the camps visited by the Committee were in the process of painting, improving kitchen facilities, sanitary conditions and generally attempting to improve their facilities. It was determined by the Committee, however, that there was no uniformity throughout the county camps with respect to working hours, working conditions, visitation privileges and uniformity of punishment. Many of the camps were in very good condition, affording the inmates an opportunity to attend classes and/or to learn a skilled trade. Inmates were furnished books, newspapers and had access to regional county libraries. Many of the camps also had radio and television which the inmates were permitted to enjoy during their non-working hours. By far, the majority of the camps visited were serving wholesome, adequate meals, however, some camps did not have adequate food supplies, storage facilities, and the meals served were not well prepared or adequate.
In several of the camps, the Committee found prisoners incarcerated in an isolation cell commonly known as the "hole". These cells varied throughout the State in size, cleanliness, ventilation, lights, etc. Some were absolutely unfit for human habitation. This situation has been dealt with at length in the new rules and regulations hereinafter referred to and it is hoped that once these rules and regulations become effective that these conditions will be improved.
As the investigation progressed, detailed reports were submitted by this Com mittee to the Honorable Lester G. Maddox, Governor, State of Georgia, to the Honorable George L. Smith, Speaker, House of Representatives, to the Honorable Asa D. Kelley, Director, Board of Corrections, and to all members of the House of Representatives. Inasmuch as copies of the aforesaid periodic reports have been mailed to each member of the House, the Committee feels that it is not neces sary to attach copies hereto. Copies of these reports are available and can be obtained by any member who desires them. The Committee feels that these reports adequately reflect the findings of the Committee and the conditions existing in each county facility. It is not deemed necessary to comment further concerning the condiitons existing in each public work camp. It should be noted, however, that the Committee felt it necessary to visit some camps as many as three times to check on improvements which prison officials stated would be forthcoming.
As this investigation further progressed and after receiving copies of periodic committee reports, the State Board of Corrections adopted a new set of rules and regulations governing the operation ol the state correctional institutions and county public work camps. These new rules are to become effective January 1, 1968, with the exception of capital outlay improvements which shall become effec tive on January 1, 1969. Some of these new rules and regulations are constructive
3548
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and the Committee feels they will serve to upgrade the correctional institutions in Georgia. It is the feeling of the Committee, however, that the capital outlay to be required of some counties will be almost prohibitive, and the State may find itself in an intolerable situation if these counties decide to abandon their county work camps and turn these prisoners over to the State.
A copy of the Kules and Regulations adopted by the Board of Corrections are attached hereto and made a part of this report.
RECOMMENDATIONS
1. It is recommended that a maximum security prison be erected within the State of Georgia for hardened, incorregible criminals in order that these inmates might be segregated from the remaining prison population; that the dairy barns at Reidsville be repaired or replaced and that the kitchen be modernized, that a smaller kitchen be established for the purpose of preparing food for prisoners on special diets, that the State, as soon as practicable, construct its own Tobacco Processing Plant on the grounds at Reidsville State Prison.
2. That the working hours of all custodial personnel be reduced and that the salaries be increased and that additional living quarters be erected for custodial officials at Reidsville.
Due to the comprehensive rules and regulations adopted by the State Board of Corrections, which are to become effective on January 1, 1968 the Committee makes no recommendations at this time concerning the operation of the 74 county public work camps; with the exception that all wooden structures housing prison ers be eliminated as rapidly as possible.
The Committee feels that much good has come from this investigation and from the publicity created thereby and recommends that periodic inspections be made by members of the General Assembly to determine the effect of the new rules and regulations heretofore referred to.
The Committee wishes to express its appreciation to the members of the De partment of Correction, Warden Lament Smith and to all other State and County correctional officials and county commissioners who were so cooperative during the course of our investigation.
Respectfully submitted,
/s/ J. T. Dailey J. T. Dailey Representative, 66th District Chairman
/s/ Thomas A. Roach Thomas A. Roach Representative, 15th District Vice Chairman
/s/ George W. Potts George W. Potts Representative, 33rd District Secretary
INTERIM COMMITTEE REPORTS
3549
/s/ J. Lucius Black J. Lucius Black Representative, 56th District
/s/ John F. Collins John F. Collins Representative, 62nd District
/s/ Dewey D. Rush Dewey D. Rush Representative, 75th 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 COMMITTEE ON CARE AND TRAINING OF PRE-SCHOOL CHILDREN (House Resolution No. 3) *******
THE COMMITTEE
Honorable Janet S. Merritt Representative, 68th District Co-Chairman
Honorable Charles Graves Representative, 13th District
Honorable W. Lance Smith Representative, 114th District Co-Chairman
Honorable Grace T. Hamilton Representative, 137th District
Honorable G. D. Adams Representative, 125th District
Honorable Ben B. Ross Representative, 31st District
November 1967
CONTENTS I. Introduction ______--__,,____--__________--____._--__----_____,,______,,_____._..
II. Witnesses Appearing Before the Committee --__------__-_-________________
III. Conclusions ----,,_--_----____._____________.___--_________________________ IV. Recommendations ____--__------__._.._,,_________________________._ V. Exhibits and Testimony Before Committee ___________________________
I.
INTRODUCTION
Pursuant to the authority granted by House Resolution No. 3, Honorable George T. Smith, Speaker of the House of Representatives, created an interim
3550
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legislative study committee to be known as the Committee on Care and Training of Pre-School Children. The following members of the House of Representatives were appointed to serve on said Committee:
Honorable Janet Merritt Representative, 68th District
Honorable W. Lance Smith Representative, 114 District
Honorable G. D. Adams Representative, 125th District
Honorable Charles Graves Representative, 13th District
Honorable Grace T. Hamilton Representative. 137th District
Honorable Ben B. Ross Representative, 31st District
Honorable Janet Merritt, Representative, 68th District, and Honorable W. Lance Smith, Representative, 114th District were designated as Co-chairman of the Committee.
The purpose of this Committee was to examine present early childhood education in Georgia and make recommendations concerning state participation in this area.
II
WITNESSES APPEARING BEFORE THE COMMITTEE
Jack P. Nix, State Superintendent of Schools. Dr. Alien C. Singletary, Associate State Superintendent of Schools. Miss Nancy Edwards, Senior Consultant on Day Care, Department of Family
and Children Services. Mr. William H. Burson, Director, State Department of Family and Children
Services. Dr. Elizabeth Sheerer, Department of Family Development, University of Georgia. Dr. M. S. McDonald, Superintendent of Rome City Schools. Joseph Williams, Dean, College of Education, University of Georgia. Dr. Rachael Sutton, Professor, College of Education, University of Georgia. Dr. Charles Johnson, Professor, College of Education, University of Georgia.
INTERIM COMMITTEE REPORTS
3551
Dr. Cornelia C. Eldridge, Assistant Professor of Elementary Education, Atlanta Instructional Services.
Dr. Betty Jennings, Professor, University of Georgia.
Dr. Stanley H. Ainsworth, Professor and Chairman of Department of Education, University of Georgia.
Fannie L. Brooke, Assistant Professor of Home Economics, University of Georgia.
Dr. Therry Deal, Assistant Professor of Home Economics, University of Georgia.
Mrs. Flora Conger, Coordinator for Child Development Programs, Atlanta School System.
Mrs. Hayes Edwards, Regional Training Officer, Project Head Start, University of Georgia.
Dr. Mary Ellen Perkins, Professor, University of Georgia.
Ill
CONCLUSIONS
During its consideration of the care and training of pre-school school children, the Committee heard from numerous persons qualified in the field. The consensus was that pre-school training should not be considered separately from the present system of education in Georgia but must be included as a basic element. The conclusion was also drawn that pre-school training is essential to the upgrading of Georgia's elementary and high school systems.
Three independent school systems in Georgia--Atlanta, Columbus, and Bremen--have established kindergarten programs operated without the benefit of state funds. Federal Head Start programs are conducted in many communities but enrollment is limited to economically deprived children. Privately operated kindergartens are located in virtually every community in the State but function without supervision as to facilities, curricula or personnel.
It was the unanimous opinion of those who appeared before the Committee, and also the position of many operators of kindergartens who spoke privately with individual Committee members, that there is an immediate need to imple ment supervision of privately operated kindergartens.
While many private kindergartens are staffed with qualified personnel and have adequate facilities, concern was expressed that many private programs in Georgia are detrimental to children because they instill faulty or outmoded learning processes in the children. Several programs which deem themselves as "kindergartens" are really nothing more than overcrowded babysitting agencies.
It is the opinion of the Committee that the State Department of Education is best qualified to render this supervisory service and should immediately begin preparing minimum standards of accreditation.
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Honored as the first State to charter its University System, Georgia has long since taken cognizance of her responsibility to educate her young men and women to their fullest potential. We must take advantage of the knowledge gained in the field of education and be willing to make the necessary adjustments to accomplish the ultimate objective. Those witnesses appearing before the Com mittee agreed that a public kindergarten system is essential to the success of education in Georgia.
Slightly more than 100,000 boys and girls will enter first grade next year and approximately 50 per cent of these children will have had some type of pre-school training. This poses two basic problems: Those who have the benefit of pre-school experiences, in most cases, will be ready to engage immediately in those learning processes now prescribed for the first year of formal education. Assembled in classes with those who have had no formal pre-school experiences, however, their progress will be retarded because of the necessity of gearing the educational output to those without these experiences.
As a rule, those children without pre-school experience soon fall behind their classmates and are faced during their first year of formal education with a sense of failure. Surveys of high school dropouts show that many experienced failure during their elementary education years.
Records in the State Department of Family and Children Services revealed that of 1,007 juveniles where educational information was adequate for reporting purposes, 305 were school dropouts. Only 113 of the total number had attended kindergarten. Of the 702 probationers who were in school, only 90 were on their proper grade placement. The following chart provides a more complete picture of those who were behind on their grade placement and placement period:
Behind 1 year
148
Behind 2 years
130
Behind 3 years
90
Behind 4 years
41
Behind 5 years
46
Behind more than 5 years
157
Development of a State-wide public kindergarten program will be a totally new venture in the educational system of Georgia and must be approached in an orderly and economically feasible manner. The program must be launched with a continuing awareness of other pressing needs of education and the total economic structure of the State. Adequate facilities are not now available at the system level, the present supply of qualified personnel is insufficient, and the public is not yet fully aware of the importance of kindergarten training as a part of the public education program. Therefore, it would seem advisable that public kindergartens first be established in limited areas of the State where adequate facilities, personnel and local support are available. Expansion could then be orderly while greater emphasis is placed upon preparing instructors in the field of early childhood education.
INTERIM COMMITTEE REPORTS
3553
IV RECOMMENDATIONS
I. To insure that children enrolled in kindergarten programs receive valuable pre-school training and, in fact, are not harmed by inadequate instruction and facilities, we recommend that the State Department of Education be authorized to formulate minimum standards for accreditation of public and non-public kinder gartens.
II. Recognizing the necessity of pre-school training in Georgia, the General Assembly should appropriate those funds necessary to begin implementation of a public kindergarten program.
III. We recommend that the kindergarten program be first implemented as demonstration projects in school systems which do not presently have publiclyfunded kindergarten systems and are able to provide the necessary local support required under the Minimum Foundation Program.
IV. It is recommended that the Board of Regents of the University System and private institutions take immediate steps to expand their programs of early childhood education.
V. It is recommended that the minimum compulsory school age be reduced in each independent or county system as such programs of pre-school training became established.
V EXHIBITS AND TESTIMONY BEFORE COMMITTEE
EXHIBIT # 1
The twentieth century has been called the century of the child because of the unprecedented interest which our society is showing in all phases of child welfare work. While this interest embraces children of all ages, there is, at present special interest in the pre-school period.
It is clear that ours is not the first generation to concern itself with the young child. In the past a few outstanding individuals were responsible for any progress made; today, however, people representing more than one profession and numerous lay organizations are working in the interest of the pre-school child.
The findings of medical examiners, connected with draft boards, and the experiences of physicians, nurses and reconstructive aids in war hospitals, reveal a surprising prevalence among grown men of physical and mental handicaps which might have been prevented with relative ease in early pre-school childhood. It is well known that these findings were a powerful factor in directing the attention of society toward the needs of childhood. In England, the Education Act of 1918 authorized the establishment of nursery schools as part of the Na tional school system. Modern science conceives of the individual as a highly complex organism, engaged throughout its span of existence in making a series of adjustments to a highly complex environment. Early records show that a day nursery was established in Switzerland as early as 1967. By 1913, most large cities in Germany had day care nurseries for babies under three and all day kinder-
3554
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gartens to care for pre-school children three to six years of age. Thus, "kinder garten", as originated by Fredrich Frobel, became a pre-school educational system that continued the task of the day nursery service.
EXHIBIT # l(a)
"The Need for Early Childhood Education" from The Educational Policies Commission of the National Education Association of the United States and the American Association of School Administrators.
"Research shows clearly that the first four or five years of a child's life are the period of most rapid growth in physical and mental characteristics and of greatest susceptibility to environmental influences. Consequently, it is in the early years that deprivations are most disastrous in their effects. They can be compensated for only with great difficulty in later years, and then probably not in full. Furthermore, it appears that it is harder to modify harmful learnings than to acquire new ones. Finally, experience indicates that exposure to a wide variety of activities and of social and mental interactions with children and adults greatly enhances a child's ability to learn. Few homes provide enough of these oppor tunities. It is reasonable to conclude that the postponement of an educational contribution by society until children reach the age of six generally limits the flowering of their potentials."
EXHIBIT # 2
Remarks by Dr. Jack P. Nix, State Superintendent of Schools.
"I think you have known me long enough to know that I have one basic concern in this matter--to develop mental capacities so that our children can be good citizens. We don't have enough background and development on the part of the people that are creating our problems now. We have to make these people feel like they are first and foremost, a responsible individual to themselves, and also to the state and nation in which they live and that we have our freedom to do as we please so long as we do not infringe on the other fellow's right to do as he pleases. To accomplish this we must go through education. I think primarily that this Committee is concerned with the child in his pre-school years. This in cludes the overall development of the individual before the first grade. We now have an existing law in this state for compulsory education from the age of seven until the age of sixteen. We have the feeling that these years are the real im portant formative years of an individual's life and with the change in overall family structure and society, we must have more now as compared to a few years ago. It is of even greater importance that the public agencies should become concerned. Attitudes are developed that are hard to overcome. It is a particular stage that they go through (developmental stage) and with so many of our mothers working now and a higher percentage of them going into the employment field, we do not have the individualized attention that these children need in these formative years in the home. In addition to this, an expanded knowledge and learning at an early age is much better for the child. The learning rate of a young child is extremely high and hits its peak at around the age of seven, then slowly levels off to about twelve or fifteen. If we in the State of Georgia expect to have an educational system that will measure up favorably with other states in this nation, we must realistically look now at the business of implementing an early childhood kindergarten program financed with public funds. We have some 37 or 38 systems in the state where we have realy childhood education
INTERIM COMMITTEE REPORTS
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financed for those children who qualify as culturally deprived or disadvantaged children. This means that we have a portion of our children with this opportunity. We have other children who do not have this opportunity even within this system. This means it is somewhat more difficult to plan a smoother operating instruc tional program and I believe that on the national level there is a commitment to early childhood education or kindergarten programs. My plea now is that we consider beginning a state-wide tax-supported kindergarten program at least by September 1968. We have, I guess, the best legal structure for providing education from kindergarten through the Ph.D. Senate Bill 180 covers this. I am not an attorney, but I think that under Senate Bill 180 the General Assembly has already given us the authority to implement a kindergarten program. If we have the funds, the State Board of Education will adopt the necessary needs to implement such a program. We have discovered in a recent survey that we have some 622 classrooms that are available now--if we just had the funds and the teachers to staff the classrooms. It would seem to me that under existing laws we could probably support this with state funds and local assistance. In this program we would have some professional certificates that we do issue to some people who do not have all of the requirements that we would like them to have for teaching. Some of these people who do not have the requirements but have some form of formalized training and experience would be able to secure these certificates and could then work toward getting their total certification.
We are presently transporting 52-53% of the children enrolled in the state. It costs us something to transport them, but I can't quite see that there would be a great deal of harmful effect on the five-year old child if he were to stay in school all day long, as long as they have the proper facilities, teachers, diet, etc.
We could get this program started and off the ground within two to five years, depending on the General Assembly cooperating with us and giving their support and appropriating funds to us. To begin with we would need at least $2,000,000 to $5,000,000 and the entire program would probably run somewhere in the neighborhood of $30,000,000."
EXHIBIT # 3
Remarks made by Miss Nancy Edwards, Day Care Consultant, Department of Family and Children's Services.
"I have had great concern about kindergarten for quite a long time as I once taught the first grade. First of all, our research does indicate that possibly the most formative time is the first six years of a child's life. More is learned in terms of ultimate personality and patterns for life at this age. These children participating in kindergartens have the opportunity to participate with groups in reading, painting, telling stories, and most of all learning to get along with other children. One of the most vital things a young child needs to learn is how to relate this to other people his own age. This should occur prior to the age of six years. Many of our youngsters come into first grade without these skills; they also need an enormous vocabulary. They need to have many opportunities about how to effectively solve problems--have a sense of worth--and also feel competent. They have to learn that there is a way that you do things and when you are in a group there are things to do in preparation for the first grade. In addition to this, our children are required to learn more and more complex things now than ever before. They are going to have to be prepared to move into a
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difficult and complex world. The child must have an awareness of himself as a person and how to use himself in order to be an asset to society. First grade is built on assumptions; teachers assume that when a youngster gets into first grade he will have achieved tasks such as turning pages, tying shoes, etc., when he gets there. If a child has not achieved these things when he reaches the first grade, he will fall far behind the other children. Going to school is an enormous task for a child. He has to do things like sit still for long periods of time and get used to an entirely different environment. If, when the child gets to first grade he has to learn how to handle a pencil as well as how to relate to a teacher, sitting still, etc., the child will be severely handicapped. Most children enter the first grade without this knowledge, so therefore they are already behind. The old business of solving problems has to be begun quite early and kindergarten is the appropriate place for this. When a child says, "I'm going to build a boat," he is deciding the question of what materials to use, doing it within the limit of the rules, setting up in a sort of organization, cooperation, and to a child all of these things are a problem. But, if he is able to do this task, be is beginning to learn how to use himself effectively to solve the problems with which he has been confronted. Problems include sitting still, listening to someone else, waiting to present what he has, to use words, learning to listen to stories and to grasp ideas. I think Head Start is a significant and fine organization. It has told a number of things. Even in this, our state, we are a state of small towns. The child who lives within the little town is a very different child from the metropolitan child. He may have had little or comparatively no contact with books or magazines of any type. We do have youngsters who have such vast differences in opportunity at home between these ages of one to four years, that if these children could be put into a kindergarten situation, they could start off at the same level as the metropolitan children. Most children who come in from the country are falling by the wayside and kindergarten could help this problem enormously. One other concern is that there are no licensing laws for kindergartens. All that is presently required is a business license. We do license day care centers and this comes under the Department of Education. Our standard for the day care centers is that each child must have thirty-five square feet of space. (This is equal to the size of a double bed.) Some of the private kindergartens in operation today are way below the standards of the day care centers and there is nothing at present to protect either the child or the parent. I have seen as many as forty-five children with the supervision of only one teacher. Some of them are being taught to read by sight only, which means that they will not have the ability later on in life to grasp the meanings of words, phrases or sentences. There is a tremendous difference in "See the puppy jump" and understanding "See the puppy jump". Many of these children cannot be taught to read for meaning by the time that they get to first grade. Many five year old children are willing to participate in experiences which later on in life will prove very damaging. He is frequently exposed to persons who do not use the English language correctly or fluently. The major concern of our day care centers is not to educate the youngsters, but merely to see that they get their proper nutrition and care. Kindergartens are being introduced to meet one particular need of the child during a certain portion of the day with a supplementary type of thinking, strictly educational. We are mainly charged with concern of dependent and neglected children. The kinder garten child is in a very different situation. We have some excellent private kindergartens which are run by very competent people who make their own standards and these standards are very high. Most of these people have started kindergartens because they feel that the community in which they are living has a very bad need for them. If some of these kindergartens are substandard, we
have no control over them at the present time. Public schools would not eliminate
the private kindergartens but it would eliminate the poor ones that are currently
in operation. Some of these children are being damaged and enormously intel-
INTERIM COMMITTEE REPORTS
3557
lectually neglected. In the State of Georgia no kindergarten is licensed. I will say to this Committee that day care centers are money-making, but kindergartens will be even more so. I think there are problems in the areas of certification (you may want to talk with Mary Sheerer). Some of the teachers who are quali fied to teach kindergarten have received their training in home economics. We might want to explore this to see if this type of person could be certified. Student teaching in the third grade does not qualify you to teach four-year olds. The people in the kindergartens now are worried that these people will not be able to be certified and will not be able to teacher in public school kindergartens. They are also going to be concerned about the person who is an excellent teacher and has appropriate training courses but who does not have a degree of any kind. This concern is among very reputable people, where the private kindergarten has been their livelihood. The child from the consolidated school will have to be brought in by bus. If the four and one-half year old is going to arrive at school early and stay until three, this is going to require some real thought about transportation. If he is going to be there that long, he is going to need proper food, snack, and periods of rest. If the child isn't going to be there all day, there will have to be proper consideration given to getting the child home. I want the rural child to get to the kindergarten, but I have concern that this child may miss it because of the lack of transportation. I hope in thinking this through that the community people will raise questions about these large consolidated schools: how the child will get there and how he will be cared for when he arrives. I think a properly trained adult could help considerably in this situation; the child would not be in need of a trained professional teacher at all times during the entire day. He needs a good person to take care of him during certain parts of the day when he is not in the learning process. This person would be responsible for when the child would get his rest, make sure that the meals are sufficient, and these things will make a definite difference to this four year old child. For every trained teacher, there should be a trained supervisor. We would use an aide program very effectively with the pre-school child; they would tie shoes, take the children to the bathroom, portion out paints, etc. I am concerned as to how the consolidated school can manage the transportation of children for a three-hour day. Economically, the county school system would find that this would be a great expense to bus in and out children for a three-hour day. It seems perfectly possible to me that a child could be in school all day long as long as his needs are properly met. This would enrich the child's environment before he enters the first grade. This pre-school experience would make the difference for these country children. I would recommend that you visit one of our Head Start Centers and see how the child lives there. What is happening is that they stay all day all year round, their institutional needs are met as well as their nutritional needs, and very badly needed education. Certainly for our disadvantaged children in this state the pre school program is an absolute must. I think that with a kindergarten program every child can benefit. If you have a child in the eleventh grade who is doing well, he will continue along this line, but if this same child in the eleventh grade did not receive pre-school training, he may be doing very poorly and may eventually drop out of school altogether. The child today has to know more things than any of us had to know, he is going to have to be able to cope with the world ten years or fifteen years from now that none of us will be able to predict. He needs every skill and potential developed fully. A five-year old may be willing to learn to read and this need should be met but not by forcing the child to sit and concentrate on this. He should be helped when he asks to be, but he is not ready
yet to concentrate on it. First grade teachers are required, more or less, to carry
on the kindergarten techniques and then start with the first grade learning
process. Fifteen to twenty will be about the size of the classes. This would be 15:1
preferably. If you have an exceptionally good aide, you could probably push it
to 20:1. If you have a larger number of children than this, I would say that they
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cannot possibly be getting the individual attention that they would require. There are two organizations which you might want to know about: Associated Com mittee Education International (ACEI) and Georgia Pre-School Association, which is primarily made up of kindergarten teachers and some day care center people, all independents, who have built this association and have to have the need to be recognized. You may also want to speak with Mrs. Porter who is the President of the Southern Association of Children Under Six. I would also suggest that you speak with Mamie Hines. She is the lady who has worked with pre school children all of her life and is of national reputation. She is here in Atlanta and could speak with you about the pre-school program and pre-school child far better than I can. She has been the author of several textbooks in this field. Nan Ingram is also another qualified leader in this field.
The main concern of the parents of retarded children is that they pay taxes, but the State does not educate their children. If a retarded child has not been given the opportunity to develop his potential by the age of seven, whatever potential he may have been able to develop will be lost. A pre-school program for the mentally retarded could help correct much of this.
There are reports that first grade teachers have to teach their pupils how to turn pages of a book. A well-known educator remarked that he would drop the
twelfth grade in favor of pre-school training for children. This shows the im portance of our investigation."
Honorable Janet S. Merritt State Representative 234 W. Dodson Street Americus, Georgia 31709
Dear Mrs. Merritt:
EXHIBIT # 4
State Office Building Atlanta, Georgia 30334 October 10, 1967
In response to a request from you as Chairman of the Special House Com mittee on Pre-School Education, I agreed to compile from our present probation caseload certain information about the educational status that might have value to you and your committee. Even though I do not have information on all pro bationers with whom we are currently working due to staff vacancies and all other factors, the total number of probationers in the sample considered, how ever, includes more than fifty percent of the children with whom we are working and, therefore, will give you a valid picture of educational status of these de
linquent juveniles on probation.
Our records reveal that of the 1,007 juveniles where educational information in the records was adequate for reporting purposes, 305 of these 1,007 children were school dropouts. Of those on probation, 113 attended kindergarten.
In addition to the information about those who were dropouts and those who attended kindergarten, I thought you might be interested in having some informa tion about their grade placement, which I believe will give you a more complete picture of their educational achievement. Of the 702 probationers who are cur rently in school, only 90 of these are on their proper grade placement. The fol-
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3559
lowing chart will give you a more complete picture of those that are behind in their grade placement and placement period:
Behind 1 year
148
Behind 2 years
130
Behind 3 years
90
Behind 4 years
41
Behind 5 years
46
Behind more than 5 years
157
I am also including information on educational status of delinquent juveniles in our three State Youth Development Centers. Information on students in the three Centers was gathered from data already available, as no special studies were done for this specific purpose. At the Milledgeville Youth Development Center, including a total of 401 juveniles, only 5 of this number were on their proper grade placement with a large percentage (the exact number unknown) being school dropouts. This estimate of a large percentage of school dropouts is based on the fact that these are the older boys for whom we are responsible.
The Atlanta Youth Development Center, with a total of 91 children, reported 41 school dropouts, with 10 of the total number being on their proper grade place ment.
Behind 1 year
12
Behind 2 years
12
Behind 3 years
30
Behind 4 years
11
Behind 5 years
7
Behind more than 5 years
9
Only twenty of the number at the Atlanta Youth Development Center had kindergarten experience.
At the Augusta Youth Development Center we have reports on 295 children, with a total of 101 school dropouts. Thirty of this 295 were on their proper grade placement. There were 22 who were one year behind in grade placement; 23 two years behind; 17 three years behind; 19 four years behind; 37 five years behind; and 177 more than five years behind proper grade placement. A total of 90 attended kindergarten.
I hope this information will give you and your committee a general idea about how the lack of educational achievement is such a significant factor with children who get into trouble. If you are interested in talking with any or all of the Directors of our three State Youth Development Centers, they will welcome the opportunity to discuss educational needs of children they serve.
Please let me know if our Department can be of further assistance to you,
Sincerely,
William H. Burson, Director State Department of Family
and Children Services
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EXHIBIT # 5
Remarks made by Dr. M. S. McDonald, Chairman, Teacher Education Georgia Council; Superintendent, Rome City Schools, Rome, Georgia.
"I became interested in trying to do something about children who were failing in school. One of the first things I found was that between the first and twelfth grade were were losing about 50% of our students. (In Rome). We began to make a study as to what was happening. Most of those who were drop ping out were of junior high age; about 16. We went to junior high school to find out why. Teachers felt that the children were lost a long time ago, before they got to junior high school. (The 7th and 8th grades in Rome). We went back and found that the children who were dropping out were failures back as far as the first grade. These students had been borderline students who subsequently became problems in the upper grades. Having found this, we made a survey of children consisting of the kindergarten vs. the non-kindergarten, an economicsocial level comparison, and high school vs. non-high school attendance. The net result of much testing readiness for school showed that the children who were failing only had the achievement levels of a three year old when they enrolled in the first grade. Many of these children came from homes which had been lacking in advantages. Some hadn't had vocabulary association with adults. As these children passed on from the first grade, the gap became greater, and finally these children dropped out of school altogether. We took a group of chil dren and divided them into two groups--those who were ready for first grade and those who were not ready. We tried an eight week Head Start; this turned out to be completely inadequate. We found it would take a full year for school readiness. They didn't know such words as "umbrella", and used one word ex pressions almost exclusively. These children had not had access to books and no one had ever read to them. As a result, these children were two or three years behind the child of the average home. We are never going to close the gap unless we begin to do it at least by five years of age, preferably four. It will take two years for us to close the gap between poverty children and non-poverty children. We found that we had white children who had the same problem as did Negro children. In many cases we found that Negro children's parents were more in terested than were the white parents. The general result of our study was that getting to these children in the fourth or fifth grade was too late; we must get to them by four or five years of age. It is expensive to get a pre-school program, but inasmuch as the State of Georgia will eventually have many of these children in welfare, it will not actually be so expensive in the long run.
In most cases we will have a five year old kindergarten child who will have a fairly good attitude toward learning. Many of these children are quite intelligent. We could cut our rate of loss of students by 50%. Presently (Rome) we take Head Start children at five years of age.
Atlanta takes Head Start children at four years of age because the five year olds attend kindergarten.
All kindergarten teachers should have some college background.
A compulsory pre-school program would help to close the gap as most of the higher economic group of children will attend kindergarten.
A kindergarten day is only half a day. A teacher could have two groups of fifteen children each. Transportation would be a difficulty here.
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With the proper facilities a five year old could stay at school all day. You would need a teacher and an aide, rest facilities, day care, etc.
If we could take teachers without certification, we could do this. In Rome we have found the people we need.
As to qualified teachers, I think you have to evaluate individuals, I don't believe that these people have to be scholars. I believe we can train some kinder garten teachers in this area. Both the University of Georgia and Georgia Southern are training people to work with pre-school children. I feel that pre-school train ing is the Number One priority, that there is no area more important than this
EXHIBIT # 6
Remarks made by Mrs. Hayes Edwards, Regional Training Officer, Project Head Start, University of Georgia (said to the Committee):
"Nationwide interest in education seems to center more and more on good programs for the young child. Many people concerned with the high school drop out problem feel that proper beginning pre-school group experiences build a firm foundation for the development of positive, healthy attitudes toward later learning.
In Georgia there seems to be an increasing awareness of the need for statesupported public school kindergartens for all pre-school children. For several years, Atlanta and Columbus have had public school kindergarten supported entirely by local tax funds. In more recent years several school systems have boasted kindergartens made possible through Title I of the Elementary and Secondary Education Act monies. This year twenty-two (22) school systems in Georgia operate Title I kindergartens.
There is no complete available information as to the number of private and church supported kindergartens and nursery schools in the State as no licensing is required as is true in day care. Attendance at these private schools usually requires payment of monthly tuition by the child's parents. The summer of 1967 saw 22,600 Georgia children, most of whom were economically and culturally disadvantaged, served tuition free by Project Head Start. Some 2,400 Head Start children are enrolled in full year programs.
An Early Childhood Education Consultant with the U.S. Office of Education in Washington said recently, "Exciting things are happening in education in the Southeast. This area is in an enviable position in that there are no traditional patterns in Early Childhood Education which have to be followed. The Southeast is free, as it creates public school kindergarten to search out the best in education, child development, social work, psychology, anthropology, sociology, health and nutrition. The best in each of these and other disciplines should be fused into a total program concerned not only with the education, health and well-being of the child, but also his family. More and more the family must be involved as a partner with the school in the educational process of the child. Project Head Start has proven the value of parental involvement.'
The Office of Economic Opportunity and the U.S. Office of Education have embarked on a cooperative project in selected public schools this year called "Head Start Follow Through." This is a program which includes the medical,
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dental, nutritional, social work, psychological and educational components of Project Head Start, but now, for the first time, in first grade. Children are learning to read and write in a typical Head Start type room instead of the traditional classroom with its rows of desks. Georgia received one of thirty (30) such pro grams in the nation. It is located in Walker County, Georgia (LaPayette, Georgia). In the thirty pilot programs, by the Fall of 1968. Follow Through will involve both first and second grades. The third year the first three grades will move into the program. Other Georgia school systems will be joining this project. Plans are to fund 2,000 such programs in the nation by the Fall of 1968.
People closely connected with Head Start are convinced that not only is involvement of the child's family in the educational process of extreme importance, but that a small pupil-teacher ratio and plenty of space are equally important. They feel that the teacher who attempts to work with twenty-five (25) children is defeated before she begins. She, by herself, simply cannot give sufficient individual attention of a desirable type to even half that number. Head Start experience has shown that through the use of an assistant teacher and a teacher aide with one teacher it is possible to have an optimum pupil-teacher ratio with out being too expensive. With this method, all adults in the room comprise a 'teaching team', and each child in the room then can receive enough special attention to make real progress."
EXHIBIT # 1
LAWS CONCERNING KINDERGARTEN AND PRE-SCHOOL EDUCATION NOW IN EFFECT IN STATES IN OUR AREA NEW JERSEY
ARTICLE 1A. NURSERY SCHOOLS AND NURSERY CLASSES [NEW]
Establishment of nursery schools or departments The board of education of any school district may establish a nursery school or a nursery department in any school under its control, and shall admit to such nursery school or department any child who is under the age of which children are admitted to other schools or classes in such district.
Approved and effective April 9, 1943.
Title of Act:
An Act concerning education, and providing for the establishment and main tenance of nursery schools and nursery classes, supplementing Title 18 of the Revised Statutes. L. 1943, C. 172, p. 492.
Library references
Schools and School Districts 11, 163. C.J.S. Schools and School Districts 13, 484.
Teachers' special nursery school certificates
INTERIM COMMITTEE REPORTS
3563
Every teacher in a nursery school or department shall hold a special nursery school certificate which shall be issued by the State Board of Examiners, at the request of the board of education of the school district in which such nursery school or department is situated. L. 1943, c. 172, p. 492.
Expenses; how paid
The expense of nursery schools or departments shall be paid out of the monies available for the current expenses of the schools, and in the same manner and under the same restrictions as the expenses of other schools or departments are paid. Laws 1943, c. 172, p. 493, 3.
TENNESSEE
Chapter 23
SCHOOLS FOR PRE-SCHOOL CHILDREN
Section
49-2301. Establishment authorized.
49-2302. Funds for maintenance.
49-2303. Control of schools.
49-2301. Establishment authorized.--Any county, city or special district board of education operating public elementary and/or secondary systems of education under the laws of this state may provide for, establish, and maintain schools for children under six (6) years of age under such rules and regulations as may be prescribed by the State board of education. [Acts 1945, ch. 101, 1; C. Supp. 1950, 2475.4].
Collateral References. 79 C.J.S., Schools and School Districts, 447, 448.
Power and duty of school authorities to maintain kindergarten or special ized departments. 70 A.L.R. 1313.
49-23-2. Funds for maintenance.--Such school boards shall be authorized to receive and accept any federal funds or state funds which hereafter may be specifically appropriated for pre-school purposes, or gifts, donations, or grants which may be received for such purposes, and to expend such funds in conformity with the provisions which may be set forth in any such appropriations, grants, gifts, or donations.
Schools for pre-school children organized as public schools or as pubilc school classes under the provisions of this chapter shall be maintained and supported from local taxes or from such local tax funds supplemented by any federal funds or state funds which hereafter may be appropriated specifically for pre-school purposes, or from such gifts, donations, or grants as may be received for pre-
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school purposes; provided that no state funds appropriated for grades one (1) through twelve (12) or any local funds which are required for participation in said state funds, shall be used for pre-school purposes; and provided further that in the event that an appropriation is made by the state for pre-school purposes, the average daily attendance of such pre-school age pupils shall be reported to the state department of education in such manner and on such forms as shall be prescribed by the state commissioner of education. [Acts 1945, Ch. 101, 1; C. Supp. 1950, 2475.4; Act 1963, Ch. 292, 1.]
49-2303. Control of schools.--The state board of education through the commissioner of education shall exercise general control over all schools or classes operated under the provisions of this chapter and the school board, having im mediate control of such schools or classes, shall at all times have complete juris diction and control over such schools, including the employment of teachers, attendants, and any other employee and shall have complete control, subject to the supervision of the state board of education, of the expenditure of such funds in connection with the establishment and maintenance of such schools. Provided, further, that this chapter shall not apply to any pre-school age units now being operated by any incorporated city for the benefit of children of working mothers, without the approval of said city officials. [Acts 1945, ch. 101, 2; C. Supp. 1950, 2475.5]
MARYLAND
CHAPTER 24. PRESCHOOL EDUCATION OF HANDICAPPED
CHILDREN
243. Annual appropriation; definition of "handicapped child"; powers and duties of Department of Education.
The Governor shall place in the State budget each year an item for the education and training of handicapped children under six years of age. The appropriation as finally determined by the General Assembly shall be expended under the supervision and control of the State Department of Education. For the purposes of this program, a handicapped child shall be one with a physical impairment or mental retardation which, in the judgment of the Department, makes a special educational and training program necessary or desirable to help the child attain a scholastic achievement as near normal as feasible. The Department of Education shall adopt standards and promulgate rules and regu lations based therein, for the nonmedical examination, classification and education of such handicapped children, for the qualifications of teachers, for curriculum and equipment, and generally for the supervision and operation of the program herein provided for. (1957, ch. 38; 1963, ch. 686.)
Effect of amendment.--The 1963 amendment eliminated the former second sentence, providing that the amount should be in the Governor's discretion, except that it should not be less than $250,000.
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KENTUCKY Kentucky Revised Statutes
158.090--Kindergarten
The board of education of any school district may establish and maintain kindergartens for children from four to six years of age and, subject to the ap proval of the Superintendent of Public Instruction, may establish such night schools and other schools for the residents of the district as it deems advisable.
FLORIDA
STATE PLAN FOR PUBLIC EDUCATION
228.14. Other public schools; nursery schools, kindergartens, junior colleges, special schools and courses.--The public schools of Florida shall, in addition to the elementary and high schools prescribed in 228.13, include nursery schools, kindergartens, junior colleges and special schools, courses or classes as authorized below:
(1) Nursery Schools.--Nursery schools shall comprise classes for children who have attained the ages prescribed by 232.05, and may be established in the discretion of county boards where sufficient children of these ages are available to make possible an organization of at least twenty such children at any school center.
(2) Kindergarten.--Kindergarten classes comprising children between the ages as provided by 232.04, may be established in the discretion of county boards; provided, sufficient children of these ages are available to make possible an organization of at least twenty such children at any school center.
(1) Nursery Schools.--Nursery schools, when organized as public schools or public schools classes, shall be supported and maintained from county taxes, district taxes and from such funds supplemented by ____________ charges, or from funds from federal or other lawful sources, exclusive of state sources.
(2) Kindergartens.--Kindergartens when organized as public schools or pub lic school classes comprising children who have attained the age as provided by 232.04, shall be considered as part of the elementary school organization and shall be supported and maintained by funds from state, county, district, federal or other lawful sources or combinations of sources.
EXHIBIT # 8
REVIEW OF RESEARCH RELATED TO THE ADVANTAGES OF KINDERGARTEN
by
Mary Mindess, Lesley College, Cambridge, Mass.
Alice V. Keliher, Wheelock College, Boston, Mass.
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"Research strongly supports the nation-wide plea for kindergartens as a part of public school systems. Currently less than half of America's kindergarten age children are in kindergartens. More and more states recognize this as a loss, per haps irretrievable, for the large number of children thus deprived.
In 1925 Arnold Gesell recognized the importance of the early years. He said: '. . . The brain grows at a tremendous rate during the pre-school age, reaching almost its mature bulk before the age of six . . . The mind develops with cor responding velocity. The infant learns to see, to hear, handle, walk, comprehend, and talk. He acquires an uncountable number of habits fundamental to the com plex art of living. Never again will his mind, his character, his spirit advance as rapidly as in this formative pre-school period of growth. Never again will we have an equal chance to lay the foundations of mental health.'
I. Rate of Growth--Preschool
Benjamin Bloom, in his analysis of data related to the stability of achieve ment, states that:
'Since our estimates suggest that about 17% of the growth (in educational achievement) takes place between ages 4 and 6, we could hypothesize that nursery school and kindergarten could have far-reaching consequences on the child's gen eral learning pattern.
The absolute scale of vocabulary development and the longitudinal studies of educational achievement indicate that approximately 50% of general achieve ment at grade 12 (age 18) has been reached by the end of grade 3 (age 9). This suggests the great importance of the first few years of school as well as the preschool period in the development of learning patterns and general achieve ment. These are the years in which general learning patterns develop most rapidly, and failure to develop appropriate achievement and learning in these years is likely to lead to continued failure throughout the remainder of the individual's school career. The implications for more powerful and effective school environ ments in the primary school grades are obvious.'
II. Effect of Preschool Experience on IQ and Other Test Scores
Bloom and his associates have been studying stability and change in measure ments of intelligence.
The data suggests that in terms of intelligence measured at age 17, about 50% of the development takes place between conception and ages 4 and 8, and about 20% between ages 8 and 17. (Note the changing rate at which intelligence develops.) As much of the development takes place in the first 4 years of life as in the next 13 years.'
Research related to the provision of preschool experience for culturally disadvantaged children indicates significant differences in favor of the experimental groups who had had preschool experience. Among measures used were: The Co lumbia Mental Maturity Scale, The Peabody Picture Vocabulary Test and the Stanford-Binet Intelligence Test. (5, 7, 10) Deutsch reports higher group intelli gence scores among children who had preschool and kindergarten experience as compared to those whose initial contact with school was in first grade. (10)
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Strodtbeck reported that, following thirteen weeks of stimulating nursery school experience, IQ scores of culturally deprived children were raised as much as 6.9 points and verbal intelligence, 20 points or more. (41)
Leon Eisenberg studied Baltimore Head Start children in the summer of 1965. In a period of six weeks the children gained significantly in intelligence--esti mated at 8 to 10 points increase. Of supreme importance is Eisenberg's further analysis of those teachers who produced greater gains.
'. . . teachers rated as warm, varied in their activity, and flexible produced significantly greater average change in IQ than their opposites.' (12)
Findings of the Wolff study in New York, which received front-page New York Times treatment, were reported as follows:
'It confirmed that Head Start enriched the preschool child and left him with an unmistakable 'thirst' for further knowledge . . . Nearly two-thirds of the Head Start children quickly adjusted to school as compared with only 40% of their classmates . . . the speech work and listening habits of Head Start children were markedly better at the beginning of the kindergarten year. . . . (46)'
In a study intended to provide special experience during the two preschool years and during the first year of school, which might contribute to better intel lectual processes and personal adjustments by the culturally underprivileged child, Klaus and Gray found at the end of the first summer the preschool group had a mean gain of 14 IQ points on the Stanford-Binet as compared to a 2.3 gain for the controls. On the Peabody Picture Vocabulary Test the experimentals made a gain of 6.6 months of mental age as compared to 0.9 for the controls. The ex perimenters suggested that these large gains must in some part be attributed to the children's increased ability to relate to adults and better orientation to carry ing out a task.' (29)
III. Newer Concepts of Intelligence
In an address presented at an Institute conducted by the Child Development Center in New York City in 1962, Irving Sigel pointed out that intelligence tests do not
'reflect a child's curiosity, his motivation to learn, nor his ability to gain insights into various types of relationships. In other words, the question of how children seek and use their new information does not receive adequate assessment.' (35)
According to Piaget,
'intelligence emerges at it is nurtured, it grows as the child has things to act upon. .... This understanding has led teachers to provide sensory experience as the undergirding base for abstract concepts.' (7)
Professor Millie Almy, student of children's thinking and intellectual develop ment, says:
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'Each stage of development carries with it possibilities for the acquisition of new abilities, new ways of processing information. Unless each of these abilities is sufficiently exercised as it emerges, it will not develop fully and it will con tribute little if at all to the demands of the next stage. . .
From the standpoint of developing intelligence, he (the child) may be re garded as storing information in patterns of action.' (1)
The importance of environment is emphasized by J. McV. Hunt, who reports:
'It now looks as though early experience may be even more important for the perceptual, cognitive and intellectual functions than it is for the emotional and temperamental functions.' (24)
David P. Ausubel, in his discussion of the stages of intellectual development, stated:
'The emergence of ideas--or at the more advanced level, ideas about ideas-- is dependent on an adequate background of direct experience, concrete--empirical in nature.' (35)
This observation supports the principle
'That rich and varied direct experiences in the early years provide a solid foundation for the subsequent development of facility in symbolic manipulations.' (35)
The vital importance of play in the development of the child is stressed by Lewis:
'The importance of imaginative play in a child's cognitive development is that it readily expands into exploratory and constructive play which, as it presents him with successive problems, demands the exercise of reasoning. . . . For in stance, in playing with water, he explores its physical properties and is confronted with problems which he may try to solve.
In the growth of this exploratory and experimental play, language may play a part of ever-increasing importance ... he verbalizes his own acts, and so aids his perception, helps his recall of relevant past experience, helps his imaginative constructions, his anticipations and predictions and so fosters his conceptual and generalized thinking in the direction of reasoning. . . . the effects of language are immeasurably reinforced as a child comes to play with others--particularly if adults take interest in what he is doing. Language then helps to make play more imaginative, more constructive and a greater stimulus to reasoning.' (30)
IV. Learning Potential of the Young Child
Young children's potentiality for learning has often been underestimated. Susan Isaacs, through anecdotal data, has demonstrated that
'children can formulate new experiences, show logical cause and effect think ing, and engage in mutual correction and genuine interchange of opinion.' (25)
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Kenneth Wann and his associates, in an action research study designated to appraise systematically the ability of young children to understand and interpret their social and physical world, found that
'1. Young children collect information which they test and use in conversa tion and dramatic play.
2. Young children employ the essential elements of concept formations.
3. Young children are concerned and can deal with ideas and information about the 'far away' (remote in time and space).' (45)
The value of a rich and physically active kindergarten experience is implied in studies by Miller and Swanson:
'[They] coincluded that if the teacher enables [children] to express them selves with the large muscles of the torso and limbs, her students may make surprising educational progress.' (33)
V. Kindergarten and the Development of Academic Abilities
While this report is not basically concerned with the pros and cons of daily program in kindergartens, questions are persistently raised about reading readi ness activities and the actual teaching of reading to five-year-olds. Research is split on the subject.
In favor of actual teaching of beginning reading skills on the kindergarten level are several studies.
McHugh evaluated children at the end of grade three who had had a planned program of auditory and visual exercises with letter names and sounds in kinder garten. She concluded that they were superior in arithmetic and reading to children who had not had the program. (31)
Durkin, who studied the progress of children who learned to read before first grade, concluded:
'. . . that the lower the IQ of the early reader, the greater the advantage was his early start in reading.' (11)
Durkin recommends what she calls 'an exposure curriculum.'
A study in Denver by Brzeinski and McKee reports that average youngsters can profit from reading instruction in kindergarten but that gains made in kindergarten can be wiped out if not followed by stepped-up instruction in later grades. (32)
In an extensive survey Fuller says:
'When the testing procedures are carefully used, when long-range rather than short-range interpretations are made, and when other factors, such as maturation are scientifically controlled, research does not support the use of
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formalized reading exercises in kindergarten. Neither does the evidence defend the omission of reading experience of a laissez-faire attitude toward reading in the kindergarten. Such evidence and experience as we have points to individual
izing reading with instruction adjusted to the child's general maturation level and attitude toward reading.' (14)
Against organized teaching of reading to all kindergarten children is the summary of 58 reports and statements on early reading compiled by Smith. She says:
'While we need much more research in regard to the use of readiness work books in the kindergarten, two of those that have been reported cast grave doubts upon their effectiveness in contributing to the reading maturation of kindergarten children.' (39)
Smith reports a variety of studies. One by Keister concludes that, while five-year-olds may acquire reading skill, they tend to lose them in the summer months between first and second grade. She cites a comparison of English chil dren taught reading at five and Scottish children taught at six. By third-grade level neither group is superior in reading.
Smith concludes along the same lines as Fuller:
'Thus it is that the kindergarten teacher has a responsibility in reading development--not in teaching classes of children with a basal reader but in providing abundant contacts with reading symbols in meaningful situations. This is her function in developing the reading facet of child growth.' (39)
As to experience in other countries, Strickland reports:
'Forty schools in England, selected and scheduled by the Ministry of Education (to which the writer made visits), included none in which reading was systemati cally taught to five-year-olds, although there undoubtedly are such schools. Nor way, Sweden, Denmark and Russia teach reading at the age of seven. Far more evidence is needed than any that is available at the present time to justify universal teaching of reading to five-year-olds.' (40)
Jerome Bruner warns:
'. . . avoid premature symbolization. Do not give them the word to parrot before they know what it is about either by manipulation or in images.' (6)
As to arithmetic, one study shows advantages of kindergarten experience:
'Research suggests that kindergarten children surpass nonkindergarten chil dren more in arithmetic reasoning than in the use of basic skills in numbers: they seem to be more willing to attempt difficult or unfamiliar problems than are nonkindergarten children.' (14)
In Haines's study, the final analysis of matched groups showed pronounced academic advantages accruing from kindergarten experience in the area of arith metic. (19)
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Much of the research which compares achievement in first grade of children who attended kindergarten and those who did not favors those with kindergarten experience. (2, 7, 15, 23, 43) One study reported in the Journal of Educational Psychology (1957) indicated that not only did kindergarten attendance facilitate academic performance in grade one, but also that evidence of this facilitation could be found as late as grade eleven. (13)
Although it is possible to cite the studies which are inconclusive, (4)
'no research evidence gives centra-indication. [Rather] increasing evidence supports the assumption that rich experience enhances a child's intellectual activity, self-assurance, social skill, and hence, the potential for his academic achievement. (1, 7)
VI. Implications for Social and Personality Development
With current interest in the area of intellectual development, it is easy to overlook important findings related to social and personality development. 'Using a series of stories with dolls, Chittendon demonstrated successful training pro cedures which increased cooperative behavior on the part of dominating children.' (8) Keister demonstrated 'how children who initially had very immature and undesirable responses to failure could be helped to respond in more mature and effective ways.' (27) Mummery demonstrated through small group experiments how training increased security and self-confidence. (34)
Smith further reports studies by Marston, Rice, Hood and Tulchin, showing emphatically the positive social and emotional effects of good early education and the negative effects of the lack of it. (39)
Hammond describes the study by the 1954-56 Primary Committee in which almost all first-grade teachers felt there was a relationship between kindergarten experience and adjustment and progress in the first grade. (22)
The study by Shaw indicated that preschool experiences make a significantly greater contribution to the social adjustment of first-grade youngsters than no organized preschool experience. (38)
It seems clear that the association with their own age group, the stimulation of a rich environment and a variety of experiences, and the tutelage of a wise teacher add important ingredients of growth for the kindergarten child.
VII. Age of Kindergarten Entrance
Another area in which there are conflicting opinions is that of the age of entrance to kindergarten. In some communities children younger than the official entrance age can be given mental tests and, if successful, enter under age. While some communities obviously approve of this plan, many child development ex perts are concerned about the negative effects of this form of pressure on very young children. Several studies have resulted.
In relation to age at entrance, Inez King's social adjustment problems were found among the younger group. (28)
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Halliwell and Stein reported:
'The findings in this investigation are in substantial agreement with findings reported by other investigators in that pupils who entered school early were significantly poorer in achievement than were pupils who entered a school later.' (20)
Hamalainen found that
'24% of the children entering kindergarten under a September age of 4 years and 9 months have had difficulty in adjusting to school as compared with 6% of the normal aged children who had difficulty.' (21)
Townsend reported
'Hampleman followed groups starting above and below median school en trance age through the sixth grade; his conclusion was that late starters are not handicapped, and may even make slightly better progress than younger groups.' (42)
VIII. Implications for Screening and Prevention of Physical,
Emotional and Behavioral Difficulties
One obvious advantage of having all children in school early is the oppor tunity yielded to screen them for physical, emotional and behaviorial difficulties and launch treatment before conditions become grievous to the individual and dangerous to society.
In a mental health screening of Boston's 1450 Head Start children, Summer
1965, 77 were found to be gravely disturbed. The Putnam Children's Center, among others, is trying to follow up these disturbed children. If they can be salvaged, not only will society be spared the possible dangerous acts of disturbed adolescents, but also these children can be helped to become productive, tax-paying citizens as adults. Such screening and treatment initiated at the kindergarten age would have the same benefits.
There has even been demonstrated success in predicting delinquency at age 5. Craig and Click, using the Glueck Social Prediction Table, followed 301 boys up to the age of 17 who had been studied at school entrance age. They found that
'. . . of the 33 boys identified at school entrance as having a high potential for delinquency 25 (or 84.8 per cent) actually did become persistent offenders before age 17; and of 243 identified as unlikely to become true delinquents, 97.1 per cent remained non-offenders, although residiing in areas with high delin quency rates. Of 25 boys who were placed in an ambiguous group having about an even chance of delinquency or non-delinquency--and therefore not clearly identifiable--nine actually became delinquent and 16 did not.' (17, 18)
Gertrud Wyatt reports that
'From four to nine percent of elementary school children with normal to superior intelligence exhibit symptoms of developmental speech and language
INTERIM COMMITTEE REPORTS
3573
disorders, such as Stuttering (or Stammering); Severely Defective Articulation in the Absence of Hearing Loss; and finally the syndrome of Multiple Perceptual, Motor, and Language Disorder. These developmental deviations or disorders inter fere markedly with early school adaptation. If no adequate help is forthcoming, the symptoms may increase in severity and interfere with the achievement and
social adaptation of the children concerned.' (47)
According to a three-year research project conducted by the United States Public Health Service and the Boston Department of Health and Hospitals, eyes develop fully around 6 years of age. Lazy eye blindness, which develops earlier, can only be helped if it is detected before eyes are fully developed. (44)
Katrina de Hirsch and her associates have demonstrated 'that valid prediction of reading, spelling and writing achievement can be made by evaluating children's perceptual motor and language behavior at early years', and that many 'intelligent but educationally disabled children . . . would not have required help had their difficulties been recognized at early ages. Early identification would have ob viated the need for later remedial measures.' (9)
EXHIBIT # 9 TESTIMONIES BEFORE COMMITTEE
Dean Joseph A. Williams:
"The University has many interests in the total area of Early Childhood Education. We presently have programs at the University for the preparation of early elementary and kindergarten teachers. These programs that are in the College of Education rely very heavily on programs in the School of Home Economics. The College of Education and the School of Home Economics have a joint planning committee.
Programs in the College of Education are at all levels: Bachelor's Degree, Master's Degree, Sixth-Year Certificates and Doctorate Degree.
A number of research projects are under way that relate to Early Childhood Education. Curriculum Development and Research for children ages 3 through 12 is being conducted by the University Research and Development Center. Suder School, Clayton County, Georgia serves as an experimental center. This school enrolls children ages 3 through 12. Three schools in Gainesville which enrolls children ages 3 through 12 are also participating in this project.
We have been working here at the University with the Southern Education Foundation. This foundation is located in Atlanta. The Southern Education Foundation held a very significant conference on Early Childhood Education at the Georgia Center last year which included the 13 Southeastern states.
A $1.8 Million Mental Retardation Center located on College Station Road is now under construction. This facility will provide excellent training facilities for the education of educational personnel needed in the area of education of the mentally retarded.
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We are attempting to extend interest beyond the campus in meeting the needs within the state of teachers of pre-primary children. Graduate in-service training programs reached 4,000 teachers in the state of Georgia last year. We took the service to them.
The College of Education won the national 'Distinguished Achievement Award' last year. This award is presented to the school having the most outstanding program in teacher education for the year."
Dr. Rachael Sutton:
"The College of Education at the University of Georgia has approved pro grams in Early Childhood Education, ages 3 to 8, at the fourth, fifth, sixth year and doctoral levels. Persons who complete these programs have met criteria of national, regional and state accrediting agencies and are professionally certified at these respective levels.
The four-year program has 90 hours of general education, 53 hours of special field content, 31 hours of professional education, and 15 hours of approved electives. The professional education sequence offers opportunities to study the behavior of children from ages 3 to 8, prepare instructional materials for them, and to teach them individually and in groups. Observation, participation, and teaching is done in accredited schools located within a 100 mile radius of the University.
The approved graduate programs in this area offer advanced study of the learner, his community, his school, and content of his instruction. These pro grams are for persons interested in college teaching and other positions of leadership.
Persons presently engaged in teaching nursery and kindergarten children are seeking help from the College of Education in improving their qualifications. Officers of the Georgia Pre-School Association requested that five inservice centers be established for their members, located in Athens, Atlanta, Macon, Au gusta, and Savannah. Approximately one hundred fifty (150) persons are enrolled at these centers and they are now being instructed by a regular member of the College of Education faculty.
Attached are forms of the fourth, fifth, sixth year and doctoral level pro grams."
Dr. Elizabeth Sheerer:
"A Liaison Committee of the School of Home Economics and the College of Education is presently in the process of preparing a new joint curriculum in Early Childhood Education."
Dr. Sheerer will forward a copy of the new joint curriculum in Early Child hood Education when it has been completed to the Legislative Committee.
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Dr. Charles E. Johnson:
"The Research and Development Center in Educational Stimulation at the University of Georgia is currently supporting a variety of projects exploring the hypothesis: Early and continuous intellectual stimulation of children ages three (3) through twelve (12), through structured sequential learning activities will result in higher levels of ultimate achievement than would otherwise be attained. One such project is sponsored cooperatively with the Clayton County (Georgia) Public Schools and another with the Gainesville (Georgia) Public Schools. In these projects the long term effects of the systematic teaching of convention elementary school subjects to three, four and five-year olds are being examined.
The Clayton County project began in the fall of 1966 with the initiation of a pre-primary unit of 180 children between the ages of two years, eight months and five years, eight months. These children were drawn from homes most of which provided culturallly normal circumstances. The Gainesville (Georgia) Project began in the fall of 1967 with the initiation of classes for 90 children approximately three years of age drawn from culturally disadvantaged environ ments.
The plan is to gradually extend thse populations until each center provides a nine-year sequence of learning experiences upon which the hypothesis will be tested.
Current focus is on the pre-primary curriculum. This curriculum differs radically from what is normally found in conventional nursery schools and kinder gartens. Each subject is structured into logical sequences for learning. The sub jects taught are reading, arithmetic, literature, science, social studies, art, music and physical education. Presently, selected available instructional materials are being tried to determine their appropriateness. Also, new materials are being developed as need for them arises.
Daily schedules are flexible, but evolve from teacher-established guidelines which provide nine periods of from 15 to 20 minutes in duration alternating physically active with quiet activities.
The achievement of these pupils will be compared periodically over the next nine years with that of other groups of similar personal characteristics who have not had this educational opportunity."
Dr. Charles E. Johnson:
"The main purpose of the Institute is to create an exemplary comprehensive training program in early childhood education. It proposes (1) to prepare master's level classroom teachers with the knowledge and skill to provide continuous edu cational stimulation for children three through nine, (2) to prepare advanced graduate level students to become supervisors and/or college teachers in early childhood education, and (3) to bring together university staff members in inter disciplinary seminars to promote interaction through systematc study in this area of concern.
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The participants in this institute are twenty-five experienced teachers in early childhood education eligible to enroll in graduate course work who are currently associated with on-going program development projects in Early Child hood Education sponsored by the University of Georgia. Also, four advanced graduate student interns who anticipate devoting their careers to aspects of Early Childhood Education through teaching and/or supervision are supported as ap prentice members of the institute staff.
The Institute is organized into interrelated phases. Phase I began with an eight-week on-campus summer conference where special emphasis was given to the psychological, sociological, and pediogogical aspects of early childhood educa tion. During this period the participants received laboratory experiences with pupils in Head Start classes in nearby communities. Phase II is being carried out during the academic school year. This phase includes weekly onsite visits and seminars at the project centers where the participants are teaching. The seminars are conducted by coordinators of instruction who are frequently accompanied by consultants and other specialists both from within and outside the University of Georgia. Emphasis during these seminars is given to the pedigogical aspects of early childhood education. During January 1968 staff members, interns, and participants will be required to attend a state-wide three-day conference on early childhood education sponsored by the University of Georgia and various other professional organizations. Phase III will be a culminating activity which will also be held on the University of Georgia campus.
The University of Georgia is especially well-suited to carry out this Insti tute. It administers the aforementioned Research and Development Center; it has 58 staff members who devote a proportionately large part of their time to teach ing and research in Early Childhood Education on an interdepartmental basis; during the past three years it has sponsored several state and regional conferences on themes related to Early Childhood Education; and it has initiated and approved a new master's program and special courses for preparing teachers in Early Childhood Education."
Dr. Cornelia C. Eldridge:
"The Southern Education Foundation is a privately supported foundation, operating in thirteen (13) states, established to provide educational opportunities for Southern Negroes. In a recent memorandum concerning the SEF Early Child hood Education Program the following statement was made: 'Southern Educa tion takes the position that while early childhood education is not the solution to all our education problems, it could affect overall educational improvement by its repercussions. It is a promising area for improvement of Negro educational opportunities, for it is a field which seems closely related to problems of the children who because of race and poverty have been excluded from access to real education.'
In 1967 Southern Education Foundation concentrated approximately $73,000 for graduate Negro education entirely in the field of Early Childhood Education. As a part of this program, the University of Georgia conducted a summer insti tute in Early Childhood Education which was supported by funds from the Southern Education Foundation. In this institute, teachers who were profession ally qualified in the area of Elementary Education earned 15 quarter hours credit
INTERIM COMMITTEE REPORTS
3577
which permitted them to become certified in the field of Early Childhood Educa tion. In this way the number of qualified teachers available for teaching in public school kindergartens was increased.
The Teacher Corps was authorized by the Higher Education Act of 1965. The University of Georgia and the Atlanta Public Schools are participating in a joint effort to fulfill the two chief objectives of the Teacher Corps. These objectives are to reach and teach the children of poverty and to prepare college graduates who are not qualified as teachers to enter the teaching profession. In the Atlanta program, teams of Teacher Corps interns have been placed in kindergarten class room in the economically deprived areas of the inner City of Atlanta. These interns supplement the work of the regular classroom teachers. Teacher Corps interns may work in the position of teacher aide, assistant teacher, team member and occasionally head teacher.
In order to prepare Teacher Corps interns for work in the kindergarten classroom, the University of Georgia submitted a planned program to the State Department of Education. This program was approved for earning the Master of Education degree in Early Childhood Education as well as professional certi fication at the fifth year level in this field. Two full years of work and study are necessary to complete these requirements. The first year program consists of two phases, the pre-service preparation program and the in-service program. During the pre-service programs the interns live the life of students and earn 16 quarter hours of academic credit. They are given intensive instruction in the causes and effects of poverty, the nature of the young child, and the kindergarten curriculum. During the in-service phase of the program, Teacher Corps interns work in the kindergarten classes in the mornings and attend late afternoon classes. A full summer quarter's academic load and a second year of internship in the Atlanta Public Schools complete the second year of the program and the academic requirements for the Master of Education Degree.
Teacher Corps interns receive a stipend of $75 per week plus $15 for each dependent during the pre-service phase. During in-service the stipend becomes a weekly salary of $75.
The first cycle of Teacher Corps interns started in June 1966, with 27 interns and 5 lead teachers. The second cycle with 34 interns and 5 lead teachers is now in its pre-service phase and will be ready to begin in-service in the kindergarten classes of the Atlanta Public Schools after Christmas.
The chief advantages of the Teacher Corps program in the kindergarten are these: (1) to provide a lower pupil-teacher ratio (2) to provide more attention for individual needs and problems and (3) to provide opportunity to put into effect innovative aspects of programs designed for early childhood education."
Dr. Andrew Shotick:
"Mental retardation has a tremendous impact on the family. Training of the retardate in such daily routines as eating and other self-care activities are often prolonged and more difficult. It is not unusual for family life to be disrupted because of additional care and time demands in meeting the needs of the retarded. Pre-school programs for the retarded would help relieve training difficulties and
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tensions in the family. The disruption often includes not only the immediate family but secondary family members and others in the community also.
Though institutions offer fine programs of training for retardates, it is de sirable, if at all possible, to maintain the child in the family. Further, it would be economically unfeasbile to attempt institutionalization of all mentally retarded. Because of their greater need for education and training, and training which re quires an earlier beginning, community pre-school programs are necessary.
At the present time there are five institutions in the State of Georgia pre paring teachers of the educable mentally retarded but only one (1), the University of Georgia, preparing teachers of trainable mentally retarded or teachers of the pre-school mentally retarded.
As programs for the trainable and pre-eschool retarded are developed more and more communities are going to demand them. This will necessitate an increase in funding through the State Department of Education, Division for Exceptional Children.
The early education program (kindergarten) will have a definite impact on programs for handicapped children in general (including the retarded). If a handicapping condition, sight, hearing, physical, etc., is identified early, as in kindergarten, and corrected immediately, the child is better prepared to learn when entering first grade. Thus, the kindergarten program is not only of benefit to children in general but exceptional children as well. It is well known that any condition treated early not only prevents further deterioration but increases the functioning of the individual."
Dr. Bettye Jennings:
"Early Childhood Education is not new! It is as old as Man. The Bible men tions the training of children. It was revitalized when man began to be interested in his place in the universe.
Frederick Froebel was credited with establishing the first kindergarten in 1837 in Germany. He was a religious fanatic. Most of his training was moral training.
The first kindergarten established in the United States was in Wisconsin in 1873.
For some years, it was thought the I.Q. of a person was formed from birth. We do not think this any longer. We think we can take a child and stretch his intelligence. Experience is the programmer. Change the child's way of living and he will change. Experience is extremely important.
Schools were once thought to be very painful. The thought now is to make school enjoyable, rewarding and fun to do.
The more things a child sees, the more he wants to see. If things are not pointed out to a child, then he does not see them. If a child's family does not speak to him, he then does not have a very colorful language.
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The focal point for education is steadily moving downward. Most children have a large visual vocabulary by the time they reach the first grade. Children are able to distinguish at a very early age. They know what kinds of bubble bath, cereal, etc., to pick out of many choices at the grocery store. Children learn prac tically from the moment of birth. Four (4) Reasons for Having Pre-Sehool Education:
1. Root years, two years old and up, reaching challenge of knowing who they are; their relationship to church, community, friends, etc.
2. Years when he is forming concepts. Our society is becoming more abstract all the time.
3. Root years for language development. Every concept is coded to you through words. Use words to store information, use words to unlock them out of your brain. Use words to gather data.
4. Root years for creativity. There is more and more a demand for creativity in children."
Dr. Therry Dean and Miss Fanny Lee Brooke:
"Georgia Day Care Standards are very minimum and should not be considered an 'ideal' on which to base kindergarten standards.
Children prior to six (6) years of age learn a significant proportion of all the basic attitudes, approaches to information, and basic information which will in fluence them throughout their lives.
Unless we can develop quality programs, perhaps we should not have kinder garten programs. Just putting a child in a classroom does not assume a quality learning situation. However, it will be a learning situation for the young child is constantly learning something.
As a nation we are behind in terms of emphasis on the eduaction of young children. Many European countries are far advanced--Russia provides day care for children as soon as their mothers are able to go back to work. Russia thinks it is very important and puts a great deal of emphasis on the education of young children; not simply to provide day care but as an instrument for controlling the learning experiences of the young.
Young children require a great deal of space, much more space than adults require in which to learn. They also need the opportunity to explore and discover materials.
Discipline can be facilitated by surroundings. A teacher should not have to spend most of her time dealing with discipline problems. Great restriction in space and movement reduces the child's frustration tolerance level and increases potential for discipline problems. One major function of the early school setting should be to develop the motivation of children to want to continue to learn. Unless we provide the facilities and personnel which can provide for this goal attainment, education for the young will be a detriment, not an asset, to our educational system and our national goals."
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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
MINORITY REPORT OF THE COMMITTEE ON CARE AND TRAINING OF PRE-SCHOOL CHILDREN (HOUSE RESOLUTION 3)
THE MINORITY
Honorable G. D. Adams Representative 125th District
January 7, 1968
The Committee on Care and Training of Pre-School Children, in my opinion, did an excellent job of fulfilling its duties: to investigate the need for State participation in the area of early childhood education.
The Committee called in many experts and quizzed them on their views and recommendations. The Committee visited publicly-owned kindergartens, private kindergartens and institutions for mentally retarded children. The Committee spent hours upon hours researching and analyzing statistics and laws from other states, the federal government and Georgia.
As the Committee's report states, most of the experts, the people called upon to testify, and owners of kindergartens visited by the Committee were of the view that State participation would be a healthy measure for Georgia's pre-school education.
On December 29, 1967, the Committee held a public hearing on the question of whether the General Assembly should permit the State Department of Educa tion to set minimum standards for kindergartens. The response by the public at the hearing brought to my attention one area the Committee failed to concern itself with--religion. Several people at the hearing expressed concern for fear that church-affiliated kindergartens would lose their right to give religious instruction to their children if the State Department of Education were given jurisdiction to set curriculums and educational standards. While it is extremely unlikely that any State agency would seek to curb the teaching of religion in any Georgia school, public or private, there is concern among many Georgians that the federal court decisions could, through some legal twist, apply to kinder gartens regulated by the State Department of Education.
It is for this reason that I must dissent, in part, from the report issued by the Committee on Care and Training of Pre-School Children. I dissent in the fol lowing particular: I feel that the State Department of Education should not be permitted to set any standards for church-affiliated kindergartens.
There is legal justification for my stand--the Constitution of the State of Georgia, Article I, Section I, Paragraph XII, provides that each man has the
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natural right to worship God without interference from any human authority. I feel that to give the State Department of Education the right to set standards would be to give the federal authorities a toe-hold--a toe-hold contrary to the dictates of our Constitution and my views.
I endorse the Committee's recommendations in all its particulars, except as stated above. There is a need for a public kindergarten system in Georgia, and there is a need for minimum standards for non-sectarian, privately operated kindergartens. For the most part, the kindergartens in Georgia are good, well run, and educationally sound. But, there are untold numbers of agencies that call themselves kindergartens that offer their children nothing. Minimum stand ards should only have an adverse effect on the poorly run and maintained kindergartens.
/s/ G. D. Adams G. D. Adams Representative 125th District
REPORT OF THE STATE PORTS SUBCOMMITTEE OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE
TO: THE CHAIRMAN AND ALL MEMBERS OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE
Your State Ports Subcommittee has completed its study, and submits the following report:
The Committee made a visitation to the port at Columbus on November 22, 1967. At the time of arrival it was raining hard and the Committee was unable to find anyone from the Ports Authority in charge. It seems that this port is under lease or rental. The Committee was unable to obtain any information on the port as there was no one around to speak for the Ports Authority. The Com mittee went uptown and talked to a former member of the Ports Authority and he was of the opinion that they were getting along well as far as he knew. This port was serving its purpose, if for no other reason than it was holding rates down, but the Committee would like to have someone as a caretaker to keep maintenance up on the state owned property. Proper maintenance should be carried on and maintenance of this state property looked after.
The Committee visited the Brunswick port and found the condition of the port to be very good. They are proceeding with the building of a new wharf and warehouse and it will be in use by the first part of the year. Mr. Cecil Gnann indicated to the Committee during one of the recent strikes in Savannah which made the handling of clay impossible there, that this clay was handled at the Brunswick port without any bulk handling equipment and they were able to please those who called on the port in handling it in a rather cumbersome manner. The total fiscal year as far as tonnage is concerned (from July 1 to June 30) the fiscal year July 1, 1967, indicates that the port has to the first of November handled 55,000 tons and their total handling in the previous year was between 61,000 and 62,000 tons. They expect an increase in general cargo during the year besides the clay handling. Their main exports have been pulp wood, naval stores,
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and cresol poles. The imports for the port came by virtue of the fact of the nuclear ship "Savannah" brought in 18G.4 tons and this was total imports during the period. This port has experienced good growth.
The Committee visited the Bainbridge port on December 4 and found condi tions of the facilities in exceptionally good condition. One warehouse was in need of repair but after talking to the manager of the port the Committee found that appropriations had already been made for the repair of this building by the Georgia State Ports Authority. The equipment was in excellent condition and maintenance was properly cared for by the manager and his employees. The Committee was proud to find that a tonnage increase was evident. For the year 1963 which was the lowest year since the opening of the port, it was 34,000 tons. For the year 1967 through June 30, the tonnage was 101,000. This was an increase of 34.74% in barges .28%. At the time of visitation the port was in the process of unloading pipe being brought in from Texas. They were bringing in approxi mately 124 miles of pipe which necessitated the use of 21 barges. The Committee found a very efficient operation in Bainbridge and the future development of this port looks tremendous. The Committee would strongly recommend the Ports Authority of Georgia to work with the Corps of Engineers to deepen the channel below the dam on Apalachicola River Road which will enable heavier barges to come up the river.
The Committee visited the bulk grain handling facilities but the Committee be lieves that the cost to install bulk grain handling facilities at the state docks would be very costly; however, when money becomes available these facilities should be installed because the shipping companies will realize a substantial savings and the volume of business at the state ports will certainly increase.
The Committee met in Savannah on June 26 and 27 at which time they made a complete visitation of state property in Savannah. After meeting with the Committee and inspecting the properties we were shown slides of the ports in their activities and these were very helpful. During the visit and after talking to Mr. Jack Holt, Executive Director of the Georgia Ports Authority, and Mr. W. D. Trippe, Chairman of the Ports Authority, the Committee went into discussion of the bulk cargo handling facilities needed at the state docks. The purpose of these facilities is to handle bulk clay and bulk fertilizer for export and import different bulk material into Savannah such as potash. The cost of this facility complete in 1969 will be $9,280,840.
These facilities will enable the shipping company to save approximately $7.25 per ton on bagging costs plus approximately $8.24 which is a total of $15.49 per ton savings to the clay industries of Georgia. This will be an annual saving of approximately $3,485,250 to the clay industries which will put them in the position of being competitive with foreign markets.
The Committee visited the Augusta port on December 4, 1967, and found the port in very good shape and progress being made satisfactorily. No additional money is needed this year. Deep appreciation was expressed for our consideration.
Respectfully submitted,
/s/ Hubert Dollar, Chairman /s/ Arthur Funk, Vice-Chairman /s/ Luke DeLong, Secretary /s/ Goodwin Hall /s/ Reid Harris
INTERIM COMMITTEE REPORTS
3583
December, 1967
REPORT OF THE INCOME PRODUCING PROPERTIES SUBCOM MITTEE OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE
TO: THE CHAIRMAN AND ALL MEMBERS OF THE STATE INSTITU TIONS AND PROPERTY COMMITTEE
Your State Income Producing Properties Subcommittee has completed its study, and submits the following report.
The Subcommittee has been meeting for the purpose of visiting and inspect ing the real properties owned by the State of Georgia to determine the condition of these properties, their value to the State and their present and anticipated use.
The Subcommittee also had the responsibility of making such other studies as it deemed appropriate concerning these properties and to submit recommenda tions to the full Committee based on its inspection of the properties and its studies. The following paragraphs provide a summary of the Subcommittee's findings and recommendations concerning these properties:
HENRY GRADY HOTEL:
The Committee visited with Mr. Emory K. Crenshaw, President of the Henry Grady Hotel Corporation and representative of the Wilson estate, on two oc casions.
This Committee made a physical inspection of the properties listed below:
The Henry Grady Hotel
The Roxy Theatre
The Red Rock Building
The Henry Grady Office Building
We found that all the buildings were out-dated, and we feel that under no cir cumstances should the present buildings be considered in any future lease, be cause the ground on which the buildings are located is far more valuable than the buildings now in existence. We also feel that these properties should not be sold under any circumstances.
The Subcommittee further recommends that the State Properties Control Commission investigate the possibility of purchasing the existing leases in order that the redevelopment of these valuable properties may begin at the earliest possible time.
STONE MOUNTAIN:
This Subcommittee visited Stone Mountain and met with Mr. Harold Maddox, General Manager of Stone Mountain Park, and with Mr. Ralph Donaldson, and were conducted on a tour of all the facilities of Stone Mountain.
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Mr. Maddux advised the Subcommittee that the park could use about 40 more prisoners, if they could get them, but these prisoners would be used only in developing additional facilities and not in the presently developed areas of the park now used by the general public.
The Subcommittee also met with Honorable Phil Campbell, Chairman of the Stone Mountain Memorial Association. We found that there is a definite need for more hotel and motel room space and for an auditorium of convention size. The Committee feels that the additional hotel and motel space would be provided by private capital if the auditorium can be constructed to attract conventions. The Committee is of the opinion that the State should not enter into the hotel or motel building business.
We think that stronger efforts should be made to keep the pool on the top of the mountain in a cleaner condition, or it should be replaced by another facility that is more easily maintained.
The Committee also feels that it is definitely desirable for the Stone Mountain Memorial Association to become self-sustaining at the earliest possible time.
The Committee highly commends Mr. Campbell and the Stone Mountain Mem orial Association for the accomplishments that have been made at the park, but recommends that in future concession leases, the Authority should retain greater control over the services provided and the prices charged for the services.
The Committee also commends Mr. Campbell and the Association for their efforts to maintain the park in a manner which will complement the other com mercial amusement facilities in this area rather than compete with them.
In order to assist Mr. Campbell in his efforts, the Committee makes the fol lowing specific recommendations:
1. That a new roof be placed on the marina which is more in keeping with the architectural style of the rest of the park.
2. That efforts be made to keep trash and other debris out of the pool on top of the mountain, and if these efforts prove unsuccessful, that the pool be eliminated.
3. That every effort be made to preserve the esthetic beauty of the site and to insure uniformity of style.
JEKYLL ISLAND:
The Committee visited Jekyll Island and met with Judge Hartley, the retiring Director, and Mr. Horace Caldwell, newly named Director of the Jekyll Island State Park Authority. An extensive inspection tour of the Island and its facilities (including the new golf course and the site for the marina) was made by the Committee, and the following recommendations are made:
1. That the motel at the south end of the Island (now abandoned) be developed for youth group facilities.
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2. That the old millionaire homes, which were built during the turn of the century, be restored and wherever possible made useful.
The Committee also noted the tremendous increase in the number of persons visiting the Island and commends the Authority for the efficient and business-like manner in which the Island is operated.
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY (MARTA):
Since the rapid transit plan which has been proposed by MARTA would utilize certain valuable State owned property located in downtown Atlanta the Subcom mittee had the responsibility of looking into the various aspects of rapid transit and particularly the plan proposed by MARTA.
In carrying out this responsibility, the Committee heard testimony from Mr. Henry L. Stuart, General Manager of MARTA; Mr. King Elliott, Director of Public Information for MARTA and Mr. Earl W. Nelson, Chief Engineer for MARTA. These gentlemen appeared before the Committee and explained MARTA's plan for rapid transit and gave their arguments in favor of the proposed plan.
At another meeting of the Committee, Mr. David Benson, Executive Director of the State Properties Control Commission, appeared before the Committee for the purpose of briefing the members on the relationship between the State owned property located in downtown Atlanta and MARTA's proposed use of these properties.
Mr. Leland S. Veal and Mr. Robert C. Kirk, Planning Engineers from the State Highway Department, appeared before the Committee at another meeting to give the members the benefit of their thoughts concerning MARTA's proposed plan for rapid transit. These gentlemen were critical of the fixed rail concept and stressed the importance of achieving a balanced transportation system for metropolitan Atlanta. They also expressed dissatisfaction with the lack of co operation between MARTA and the planning section of the State Highway De partment. They further expressed the belief that the cost of the fixed rail rapid transit system would be excessive in view of the estimated number of persons who would use this facility, and in this connection, they expressed doubt that the number of cars using the expressway system would be substantially reduced if the proposed rapid transit plan were implemented. The number of automobile in metropolitan Atlanta is increasing at the rate of approximately 10% per annum, and they estimated that only 5% of the automobiles would be removed from the expressways by implementation of the proposed rapid transit plan. They further estimated that the cost of the rapid transit plan would build approximately 8 lanes of super highways over the same land, and observed that 1105 miles of the Interstate Highway System in Georgia would cost only twice as much as Atlanta's rapid transit system as proposed by MARTA.
The Committee held a public hearing on the subject of rapid transit in the House Chamber on November 30th. As a result of this public hearing, the Com mittee found that there is considerable interest in rapid transit on the part of the citizens of the metropolitan area. Approximately 60 persons appeared at this public hearing and 20 of these gave testimony before the Committee. The pur pose of the public hearing was to determine how the citizens of Georgia felt about rapid transit for metropolitan Atlanta, and specifically whether they were op-
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posed to or in favor of the State of Georgia paying part of the cost of creating the rapid system. The merits of non-rail rapid transit as opposed to rail rapid transit were also discussed.
The Committee noted at this public hearing that while there is general sup port for a rapid transit system for metropolitan Atlanta, serious objections have been raised to the particular plan of rapid transit which has been proposed by MARTA.
The Committee feels that the Atlanta area definitely needs a balanced trans portation system, including some form of mass rapid transit. The Committee fur ther believes that the State should participate in funding the development of this balanced transportation system, inasmuch as it is important to the entire State. The Committee has concluded, however, that the fixed rail system which has been proposed by MARTA is not the best system, or the only system, or even that it is economically feasible. There are strong indications that the cost of creating the system proposed by MARTA, even as estimated by MARTA, is much too high for the results that would be achieved, and the Committee heard testimony to the effect that this cost may have been seriously underestimated. There are further indications that other less rigid mass transit systems are available that could be adapted to the growing needs of the metropolitan area of Atlanta.
In view of these findings, the Committee recommends that the State do not make any further contributions in aid of the implementation of the present plan for rapid transit which has been proposed by MARTA.
Respectfully submitted,
/s/ Howard H. Rainey Howard H. Rainey, Chairman Representative, 69th District
/s/ Richard L. Starnes, Jr. Richard L. Starnes, Jr. Representative, 13th District
/s/ Carlus D. Gay Carlus D. Gay Representative, 60th District
/s/ Bert Ward Bert Ward Representative, 2nd District
/s/ Jack Shuman Jack Shuman Representative, 65th District
/s/ Joe Mack Wilson Joe Mack Wilson Representative, 102nd 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 JOINT COMMITTEE TO STUDY SURFACE MINING OPERATIONS
(House Resolution No. 86-209)
THE COMMITTEE
SENATE
Honorable Hugh A. Carter Senator, 14th District
Honorable Robert E. Lee, Jr. Senator, 47th District
Honorable Render Hill Senator, 29th District
Honorable Stanley E. Smith, Jr. Senator, 18th District
Honorable Sam P. Hensley Senator, 33rd District
INTERIM COMMITTEE REPORTS
3587
HOUSE OP REPRESENTATIVES
Honorable Reid Harris Representative, 85th District Chairman
Honorable Francis A. Joiner Representative, 48th District
Honorable Paul E. Nessmith, Sr. Representative, 64th District
Honorable G. Ed. Knapp Representative, 109th District
Honorable D. B. Blalock Representative, 33rd District
GOVERNOR'S APPOINTEES
Honorable Nelson Severinghaus, Sr. Vice President Georgia Marble Company
Honorable Sanford P. Darby Chief of Reforestation Georgia Forestry Commission
Honorable Paul Thiele President Thiele Kaolin Company
Honorable W. R. Daniel President Dawes Silica Mining
Honorable Lamar Franklin Member Soil & Water Conservation Committee
Honorable R. S. Howard, Jr. Executive Secretary Georgia Water Quality Control Board
Honorable Jessie Auvil Chief Geologist Department of Mines, Mining, and Geology
Honorable Hugh Tarbutton Vice President Sandersville Railroad Company
REPORT OF THE JOINT COMMITTEE TO STUDY SURFACE MINING OPERATIONS
(House Resolution No. 86-209)
INTRODUCTION
The Committee was created pursuant to the authority contained in House Resolution No. 86-209. The Speaker of the House of Representatives appointed the following members to the Committee:
Honorable Reid Harris 85th District
Honorable Paul E. Nessmith, Sr. 64th District
Honorable D. B. Blalock 33rd District
Honorable Francis A. Joiner 48th District
Honorable G. Ed. Knapp 109th District
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The President of the Senate appointed the following members to the Com mittee :
Honorable Robert E. Lee, Jr. 47th District
Honorable Stanley E. Smith, Jr. 18th District
Honorable Hugh A. Carter 14th District
Honorable Render Hill 29th District
Honorable Sam P. Hensley 33rd District
The Governor appointed the following members to the Committee:
Honorable Nelson Severinghaus Vice President Georgia Marble Company
Honorable Paul Thiele, President Thiele Kaolin Company
Honorable Hugh Tarbutton Vice President Sandersville Railroad Comapny
Honorable Jessie Auvil Chief Geologist Department of Mines, Mining and Geology
Honorable Sanford P. Darby Chief of Reforestation Georgia Forestry Commission
Honorable R. S. Howard Executive Secretary Georgia Water Quality Control Board
Honorable W. R. Daniel, President Dawes Silica Mining Company
Honorable Lamar Franklin Member, Soil & Water Conservation Committee
Representative Reid Harris of the 85th District was elected as Chairman of the Committee and Mr. Hugh Tarbutton was elected Secretary.
The Committee was created to make a comprehensive study of the laws, procedures and problems relating to surface mining. The Committee was au thorized to hold such meetings at such times and at such places as it considered expedient and to do any other things necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish its objectives and purposes.
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FINDINGS
The Committee determined as the first order of business to inspect a number of mines around the State of Georgia representing the various types of mining industries located within the state.
The Committee met in Macon, Georgia, and visited the kaolin mines in Twiggs and Wilkinson Counties. The Committee also visited granite mining activities in Bibb County and from there went to southwest Georgia where they reviewed the surface mining operations for iron in the Stewart, Lumpkin, and Webster County areas. Because of the interest of a number of the members of the Committee in the advent of phosphate and heavy minerals mining in the coastal plains region, the Committee decided to visit the Bartow, Florida, area to view phosphate mining. The Committee visited with the management of International Minerals & Chemicals Corporation in that area who conducted the tour. During this trip copies of the Manatee County Mining Ordinances were obtained and discussed.
At the next meeting of the Committee public hearings were held at the State Capitol in Atlanta. Notices were given well in advance of the public hearings and the Associated Industries of Georgia sent out notices to fifty-three (53) mining members. Notices were sent out to a large number of mining industries who were not members of the A. I. G. and it was possible, therefore, for most mining inter ests around the state to be heard if they so desired. Notices were also sent out by press and radio and by invitations submitted by a number of Committee members.
A preliminary proposal was presented by Mr. James Dellinger, Vice Chair man of the Mine and Quarry Committee of A.I.G., which was utilized as a basis for drafting legislation, and the members of the Committee discussed and stu died these proposals which are attached hereto and marked "Exhibit A".
It should be noted that there was, during the course of deliberation of this Committee, a committee of the Associated Industries of Georgia which rendered invaluable service in drafting a proposal for legislation.
The philosophy of the Committee and the draft of the legislation which is being proposed with this report has stemmed from a feeling that legislation of this scale should be approached with the best interest of the state and of estab lished mining industries kept firmly in mind. It was the hope of the Committee, during all of its deliberations, that a workable piece of legislation could be pro posed without the pressures of public sentiment, which have in some instances been detrimental to cool and calm deliberations, of the type problems faced by this Committee.
A number of members of the Committee, during the course of deliberation felt that the matter before it was a matter to be handled by the state. It was felt that the Committee did not want the counties of the state to enact on their own zoning laws as has been done in Florida as this would vary from county to county, causing many problems to mining interests in the state.
In like manner, the Committee felt that as a state problem this matter should be handled on a state level and not on the federal level. Statements from the United States Department of Interior and by the President of the United States have indicated that unless the states took the lead with the type legislation pro-
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posed that the federal government would fill the void by enacting federal legis lation. As late as November 21 of this year the Congressional Record indicated through the very strong language of Senator Lausche that federal intervention in this field would be forthcoming. A copy of Lausche's remarks to the Senate are attached hereto as "Exhibit B".
This Committee has tried diligently to propose legislation which it felt would meet industries requirements and still afford protection to the citizens of the state. This has not been an easy task to perform. The Committee understands the burdens being required by law that are being placed upon the mining industry and realizes that in some instances it will be very difficult for small mining opera tors, particularly, to commence business in the State of Georgia. The Committee further understands that many of the mining interests now located in the state have, without being required to do so by law, made substantial strides, at the individual cost of the companies involved, in reclaiming land in initiating useful pilot projects for land reclamation.
Discussions with the management of phosphate interests in Florida indicated that outside interests looking to the State of Georgia for possible future mining would rather have the laws on the books so that they would know what they would face in coming into our borders rather than having the possibility of future laws to be enacted without knowing what the financial impact would be.
Although there was not total harmony among the mining interests which the proposed legislation will affect, the majority of the industries have expressed the view that the legislation is reasonable.
As a future guide there has been placed on file in the Office of Legislative Counsel the following documents:
"Surface Mining and Our Environment" by the U. S. Department of Interior
"Reforestation of Strip-Mined Bituminous Coal Land In Pennsylvania" by the Pennsylvania Agriculture Experiment Station
"Establishment of Seeded Black Locust on Spoil Banks" by West Virginia University Agricultural Experiment Station
"Interstate Mining Compact" by The Council of State Governments
"Progress Report for September 1962" by Tennessee Valley Authority, Division of Forestry Development
Kentucky's House Bill No. 36, 1966
"Ten Years of Strip-Mine Forestation Research in Ohio" by U. S. De partment of Agriculture
"Forest Planting on Strip-Mined Land" by Central States Forest Experi ment Station
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"Chemical and Physical Properties of Spoil Banks In the Eastern Ken tucky Coal Fields" by U. S. Forest Service
Tennessee Senate Bill No. 43, 1967
"Trees for Planting on Strip-Mined Land in Illinois" by U. S. Forest Service
Station Note No. 151, U. S. Department of Agriculture
Station Note No. 148, U. S. Department of Agriculture
"The Black Alder as a Pioneer Tree on Sand Dunes and Eroded Land", Journal of Forestry
TVA - 1965
Journal of Forestry, April 1952
"Conference of Interstate Agencies" by The Council of State Govern ments
"Mixed or Pure Walnut Plantings on Strip-Mined Land in Kansas" by U. S. Department of Agriculture
"Forest Planting on Strip-Mined Land in Kansas, Missouri, and Okla homa" by Central States Forest Experiment Station
"Results of Revegetation of Strip Mine Spoil by Soil Conservation Dis tricts in West Virginia" by West Virginia University Agricultural Ex periment Station
"Heritage" by Department of Natural Resources
Surface Mining Act of West Virginia, 1967
"Success of Tree Planting on Strip-Mined Areas in West Virginia" by West Virginia University Agricultural Experiment Station
Georgia Kaolin Company
Letter to Mr. G. Don Sullivan of the American Mining Congress
"Water Resources Development" by the U. S. Army Corps of Engineers Research Notes by the U. S. Forest Service
"Mining Survey for Georgia" by Georgia Forestry Commission The Interstate Mining Compact
"How to Make America Beautiful" by Alfred Lansing
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Bituminous Coal Mining Laws of Pennsylvania
"The Mining Industry in North Carolina From 1946 Through 1953" by Sam D. Broadhurst, Assistant State Geologist
"Surface Mining" by the Council of State Governments
"Strip-Mined Lands of the Western Interior Coal Province" by U.S.D.A.
"Project Report No. 1, South Georgia Minerals Program" by Georgia State Division of Conservation
RECOMMENDATIONS
(1) The Committee recommends that the Appropriations Committees of the Senate and House of Representatives appropriate a minimum of $40,000 in the 1968 Appropriations Bill to be utilized by the Board during the period of drafting the rules and regulations provided in the bill.
(2) The Committee recommends the passage of a bill which will be known as the "Georgia Surface Mining Act of 1968" which will be introduced by the House members of the Committee during the 1968 Session of the General Assembly of Georgia.
ACKNOWLEDGEMENTS
The members of the Committee wish to express their sincere appreciation to all of the persons who appeared and testified before the Committee; to the Associated Industries of Georgia for the assistance they rendered to the Committee during its deliberations and in the preparation of proposed legislation acceptable to the surface mining industry and the citizens of Georgia; and to the manage ment of the surface mining operations visited by the Committee in the states of Georgia asd Florida.
Respectfully submitted,
/s/ Reid Harris Reid Harris, Chairman Representative, 85th District
/s/ Hugh Tarbutton Hugh Tarbutton, Secretary
EXHIBIT "A"
ASSOCIATED INDUSTRIES OF GEORGIA OUTLINE OF PROPOSED PLAN
FOR LICENSING OF SURFACE MINING OPERATIONS AND REGULATING THE MINED LAND USE THEREOF
1. Administration would be under the Department of Mines, Mining and Geology.
(a) The law should call for rules and regulations to conform to Administra tive Procedures Act.
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2. A Surface Mined Land Use Board would be set up.
(a) Personnel would be from the State of Georgia and would include:
1 - a State Senator 2 - a member of the House of Representatives 3 - a qualified forester 4 - a qualified geologist 5 - a qualified agronomist 6-- a qualified water quality control engineer 7 - a qualified soil conservationist 8 - four members representing the various segments of the mining
industry
Members of the Board would be appointed by the Governor.
Each time there is an industry vacancy, a member would be appointed from two names proposed by the Associated Industries of Georgia. The Governor would appoint members to fill vacancies and upon terminations of the terms of office, consistent with above. Terms would be staggered with not more than three members' terms of office terminating each year. Terms would be for four years.
(b) Duties of the Board would be to set up the rules and regulations for surface mined land use within the framework of the law, to hear appeals, and to rule upon appeals by mine operators.
3. The Department of Mines, Mining and Geology would have these respon sibilities :
(a) Issue license to each operator
(b) Receive and approve surface mined land use plans
(c) Receive the license fee
(d) Receive and hold the bond or cash required
(e) Make inspections in accordance with the law and the rules and regula tions set up by the Board
(f) Approve the compliance with surface mined land use plans and release of portions of all of each bond or cash
(g) Recommend to the Board that a portion of all of the bond or cash be forfeited or a license renewal be denied, where a mine operator refuses to carry out his plan of mined land use.
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(h) Collect and submit to the Board information on surface mining and mined land use plans so as to keep the Board aware of the problems of the mine operators and the problems of the Department in the administration and operation of the law and the regulations
(i) Collect, publish, and distribute information on mined land uses
(j) Receive monies that are available from governmental units and private organizations for work in research and studies of mined land uses.
(k) Carry out land use projects on lands where bonds, or cash have been forfeited using funds available for such purposes
4. Duties of the operators:
(a) Each operator would be required to obtain a license from the Depart ment of Mines, Mining and Geology each year. A $50 fee would be required with each license
(b) Each operator would be required to submit a plan each year showing to the best of his ability the area he intends to mine and where he intends to put the overburden (affected area), and to annually submit a satisfactory bond or cash in the amount of $200 per acre for each acre affected. The bond or cash would be held by the Department and shall be kept in force until the mining and the land use plan have been completed in accordance with the regulations of the Board, at which time the bond or cash, or a portion thereof, would be terminated. Operators would have the right to amend any mined land use plan at any time upon submission of a substitute plan with the proper bond or cash. Operators would have the right to submit a long term mined land use plan and upon submission of the appropriate bond or cash each year to cover any area to be affected during the coming year.
(c) Operators would have the option of securing separate bonds or deposit ing cash on each mine area
(d) Mined land use plans ought to be consistent with the land use in the area of the mine. The operator would be responsible for the plan. It is sug gested that mined land use plans could be for such uses as the perpetuation of fish, game and wildlife; for recreation purposes; for forestation; for farming; for residential or industrial sites.
(e) Area required for refuse, by-products, or waste disposal would be exempted from the operation of the law.
(f) It is suggested that the operator would have the right to substitute an area mined in the past for an area being mined on an acre per acre basis
INTERIM COMMITTEE REPORTS
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5. Appeals from orders of the Board would be to the Superior Court of the county in which the mining is being done. No bond or cash shall be forfeited during an appeal. Requests for an appeal should be made within 30 days of a ruling.
6. If after notification by the Department, a mine operator refuses to request a license or refuses to submit a mined land use plan, the Department shall be au thorized to take such legal action as is necessary. It is suggested that such acts would be misdemeanors and that a fine would be applied of $100 to $1,000 for each act. Each day of noncompliance after notification would be considered as an individual act.
7. Effective date of the law could be January 1, 1969
I. Policy - It is hereby declared to be the policy of this State, after surface mining operations are completed, to provide henceforth for the mined land use and conservation of land affected by surface mining and thereby to preserve natural resources, to aid in the protection of wildlife and aquatic resources, to establish recreational, home and industrial sites, to protect and perpetuate the taxable value of property, and to protect and promote the health, safety and general welfare of the people of this State.
II. Definitions--
1) Overburden means all of the earth and other materials which lie above natural deposits of ores or minerals, and includes all earth and other mater ials disturbed from their natural state in the process of surface mining.
2) Surface Mining means the mining of ores or mineral solids for sale or for processing or consumption in the regular operation of a business by removing the overburden lying above natural deposits thereof and mining directly from the natural deposits thereby exposed, or by mining directly from deposits lying exposed in their natural state. Removal of overburden and mining of limited amounts of any ores or mineral solids shall not be considered sur face mining when done only for the purpose and to the extent necessary to determine the location, quantity, or quality of any natural deposit, so long as no ores or mineral solids removed during exploratory excavation or mining are sold, processed for sale, or consumed in the regular operation of a busi ness.
3) Operator means any person, firm, partnership, or corporation engaged in and controlling one or more surface mining operations.
4) Pit means a tract of land from which overburden has been or is being removed for the purpose of surface mining.
5) Affected land means the area of land from which overburden has been removed or upon which overburden has been deposited or both.
6) Spoil bank means overburden removed from its natural position and deposited elsewhere in the process of surface mining.
7) Peak means a projecting point of overburden removed from its natural position and deposited elsewhere in the process of surface mining.
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8) Ridge means a lengthened elevation of overburden removed from its natural position and deposited elsewhere in the process of surface mining.
9) Refuse means all waste material directly connected with the mining, cleaning and preparation of substances mined by surface mining.
10) Department means Department of Mines, Mining and Geology.
11) Inspector means any authorized employee of the Department of Mines, Mining and Geology responsible for administration or enforcement of this act.
12) Board means "Surface Mined Land Use Board".
EXHIBIT "B"
November 21, 1967
SURFACE MINING AND STREAM POLLUTION
Mr. LAUSCHE, Mr. President, I have had the pleasure of reading an article in an advance copy of the December 1967 issue of Outdoor Life, one of the leading publications in this country appealing to conservationists and outdoorsmen. The title of the article is "Blight on the Land." The subtitle is "Strip Mining's Legacy of Lifeless Land and Fouled Water Threatens Disaster to Our Hunting and Fishing."
The Senators from West Virginia, Tennessee, Kentucky, and Pennsylvania will be especially interested in the article for it mentions pollution conditions and streams in their States. As an example, the beautiful Blackwater River in West Virginia was, until the 1960's as famous a trout stream as any in the State. Acidladen waters have now fouled the river so that trout can no longer live in it.
The article also cites a condition in my own State of Ohio where is located the Wills Creek Reservoir--a part of the famed Muskingum chain that was once con sidered a model conservation project for all America. Until recent years that reservoir was one of the best fishing lakes in Ohio for catfish up to 40 pounds and for the famous fishing muskies. But fishing there is a thing of the past. Old shaft mines were opened by strip mining and their reservoirs of poisonous wastes poured into Wills Creek. The water, the banks, and even the trees along the shore are stained red and the muskies and big flatheads and other fish are gone.
In Tennessee, strip mine pollution has destroyed sport fishing in 235 miles of stream, including some of the topnotch smallmouth bass fishing areas.
Another example of pollution resulting from strip mining is the Tradewater River in western Kentucky. It was once known for its excellent fishing. In bass, crappies, catfish, and others, but recently Gov. Ed Breathitt lamented:
It is gone now. Strip mine pollution killed it.
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3597
Mining operations without proper reclamation have not only destroyed fish ing streams, but have also destroyed wildlife areas such as the Bennetts Valley region in Pennsylvania. Much of it State-owned, it is one of the few wilderness areas left in that State and it is the only place in Pennsylvania where elk can be found; yet it is being gouged from end to end by strip mining.
The authors of the articles also refer to S. 217, the Mined Lands Conservation Act, which I introduced last January and which is now pending before the Com mittee on Interior and Insular Affairs. They also mention the report entitled "Surface Mining and Our Environment," issued last June by the Secretary of Interior, which is the result of a bill I introduced several years ago requiring a study of surface mining.
In my opinion, the article in Outdoor Life is of much importance and should be made available to all Members of Congress. I therefore ask unanimous con sent that it be printed in the RECCED.
There being no objection, the article was ordered to be printed in the RECORD, as follows:
BLIGHT ON THE LAND: STRIP MINING'S LEGACY OF LIFELESS LAND AND FOULED WATER THREATENS DISASTER TO OUR HUNTING AND FISHING--PART 1
(By Erwin A. Bamer and Ben East)
The official guide to the state parks of West Virginia lists only one park out of a total of 20 that has water but no fishing. That one is Blackwater Falls Park, in the mountains at the state's northeast corner. The guide shows that there is fishing nearby but none in the park itself, and that is a strange piece of irony. Until the 1950's that section of the Blackwater River was as famous a trout stream as any in the state.
The river tumbles over a 57-foot ledge and froths into a gorge eight miles long and strewn with massive boulders, to create Blackwater Falls and Canyon. It's the most spectacular scenic spot in West Virginia definitely one of the most idyllically beautiful sights in the eastern half of the nation.
Thousands of visitors go to the park each year, but do no trout fishing. A few miles above, two creeks run into the Blackwater from what is now stripmining country. Their acid-laden waters have fouled the river so that trout can no longer live in it.
It's hardly a wonder that Governor Hulott C. Smith, speaking of this and countless other examples of the consequences of strip mining in his state, says flatly. "The rape of West Virginia has occurred."
And West Virginia is by no means alone.
In eastern Ohio, Wills Creek Reservoir--part of the famed Muskingum chain that was once considered a model conservation project for all America--was one
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of the best fishing lakes in that area. It had flathead catfish up to 40 pounds and some of the best muskie fishing in the state.
But fishing there is a thing of the past. Old shaft mines were opened by strip mining, and their reservoirs of poisonous wastes poured into Wills Creek. The water, the banks, and even the trees along shore are stained red, and the muskies, the big flatheads, and the other fish are gone.
Due for the same fate, in all likelihood, is nearby Piedmont Lake, 4,000 acres of fine fishing water now being encircled by stripping operations.
In Tennessee, strip-mine pollution has destroyed sport fishing in 235 miles of stream, including some top-notch smallmouth-bass and muskellunge water, and fishery biologists say that the future looks dismal.
For another example, take the Tradewater River in western Kentucky. Dis cussing the grave problems resulting from strip mining, Governor Ed Breathitt of that state told the authors how he once fished the Tradewater for its bass, crappies, goggle-eyes, bream, and catfish, and how his father and grandfather had rated it one of the best streams in Kentucky.
"It's gone now," the governor said, "Strip-mine pollution killed it. That's one place I'll never be able to take young Edward fishing." He was referring to his eight-year-old son, who is being brought up as a chip off the old block.
It's easier to find examples of stream and lake damage by strip miners than cases in which game and hunting lands have suffered, but instances of damage to hunting lands are far from lacking.
The Bennetts Valley region in Pennsylvania is one. Much of it state-owned. It is one of the few wilderness areas left in the state and is the only place in Pen nsylvania where elk can be found. Yet it is being gouged from end to end by strip mining.
"The forests, mostly on public land, are being torn and gashed, mile upon mile," says Roger Latham, outdoors editor of the Pittsburgh Press. "The opera tors don't even have to pay for the trees they destroy. Because the terrain is steep, they terrace their diggings, and the scars will be there almost forever."
Meigs County in southeastern Ohio is another example. It once was scenic hill country with excellent hunting for bobwhites, cottontails, deer and grouse. Then strip mining began, and almost overnight 3,000 acres of ridges and meadows were wrecked and the game was gone.
Next, silt and pollution destroyed 25 miles of good bass and catfish water. Paul Bowers, head of the Meigs County Farm Bureau, angrily called those pol luted streams "roadside signs that the industry's hands are dirty."
In the last 50 years, and mostly in the last 25, this eyesore industry--which few sportsmen (or, for that matters, few Americans apart from those living in the affected areas) know anything about--has left its blighting scars on more than 5,000 square miles of land, much of it game cover, from Florida to Alaska.
INTERIM COMMITTEE REPORTS
3599
As of January 1, 1967, surface mining had damaged 1,700,000 acres of wild life habitat (some game species move out as soon as the equipment moves in). 13,000 miles of stream. 103,000 surface acres of natural lake, and 41,000 surface acres of impoundment. The affected areas are scattered over the entire county. Of these staggering totals, some 29,000 acres of impoundment and 5,800 miles of stream had been made totally unfit for fish.
Actually, it is doubful whether anyone knows exactly the extent of the devas tation wrought by this mining. Last winter, while introducing in the U. S. Senate a bill aimed at bringing all surface mining under federal regulation, Senator Frank J. Lausche (D.-Ohio) spoke of 3,000,000 ravaged acres.
And last July, in a detailed and lavishly illustrated report to the President and the nation entitled Surface Mining and Our Environment. Secretary of the Interior Stewart Udall put the figure at 3,200,000 acres. The report, based on an intensive two-year study, is available from the Superintendent of Documents, Washington, D. C. 20402, at $2 per copy.
Secretary Udall's figure is two or three times that indicated by previous of ficial estimates. And the total is rising by close to 200,000 acres a year.
"Surface mining is a hell of a mess," OUTDOOR LIFE was told by an Interior official who asked that his name not be used. "And probably it's worse than it ap pears. I highly mistrust the surface-disturbance figures supplied by the states. Prom my knowledge of one state, the totals are estimated very low."
The consequences to hunting and fishing have been disastrous in many states.
"Strip mining unquestionably has serious effect on fish and wildlife in West Virginia," T. R. Samuel, director of that state's Department of Natural Resources, told OUTDOOR LIFE.
Minor Clark, commissioner of the Kentucky Department of Fish and Wildlife Resources, says, "You can't have strip mining without damage to land and water. As long as such mining is allowed, streams will be degraded."
And Jack Hoffman, chief of Virginia's Fish Division, adds, "In the areas af fected, strip mining constitutes a serious threat to fish and wildlife."
Strip mining produces, in addition to direct damage to land and water, side effects including soil erosion, destruction of forests, abandonment of farms (when their water supply falls or their fields can no longer be reached), severe loss of scenic values, and hazards to public health and safety.
Secretary Udall puts a price tag of $757-million on the basic reclamation needed to restore "to use and beauty" the nation's surface-mined areas. This huge sum covers only the minimum treatment that will be required to return the mined lands to an acceptable condition.
"A land of scenic grandeur had been changed into a land of devastation," Udall says bluntly, "and a useless aftermath is left."
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Though many materials--including iron, aluminum, copper, clay, sand, gravel, and phosphate--are mined by the strip method, it is coal that creates most of the problems. The big acreages of stripped land are located chiefly in the coal-mining states.
To understand the kind of destruction this mining leaves in its wake, you have to know something about how it is done and about the coal it removes.
Under the earth of West Virginia, for example, there are 117 named beds or seams of coal. Some are only a foot thick, many are six to eight feet thick, and a few are even thicker. Of the 117, sixty-two are now being mined by either sur face or deep-mining methods.
It is the seams lying closest to the surface that stripping can remove--and do so far more profitably than shaft mining can. The strip operation is done entirely on the surface. The overburden of soil and rock that covers a coal seam is scalped off by power shovels or draglines and piled to the rear or dumped over a hillside. The coal is then removed, either by shovels or by huge augers having drills up to seven feet in diameter. Such augers can bore more than 200 feet into the seam and ream out the black mineral at a rate as high as 15 tons per minute. The coal-recovering machines follow the seam around the hill.
If the formation is not too deep, more dirt may be dug away and a second seam taken out. In some cases even a third is uncovered and mined. With today's equipment, strip mining can go as deep as 150 feet.
In relatively level country, for each acre of coal mined at least one additional acre is left buried under huge windows of subsoil, broken rock, and sulfur-laden earth. And the land looks as if a monstrous plow had furrowed it.
In mountains or rugged hill country the destruction is even greater and more difficult to repair since the over-burden is dumped own hillsides. The giant piles of rubble that result lie on steep slopes, and they often slide or are washed onto the flat land below, burying fields, choking streams, blocking roads, and destroying buildings.
What is left when the coal is out looks like a landscape on the moon.
Pennsylvania has 370,000 acres of "disturbed" land, Ohio 275,000, West Vir ginia 200,000, Kentucky 130,000, Alabama 135,000, Tennessee 10,000, Virginia 60,000.
In coal-mining areas outside the Appalachian region, there are 143,000 ra vaged acres in Illinois, 125,000 in Indiana, 60,000 in Missouri, and 22,000 in Arkansas, California has 175,000 acres, mostly from gold mining; Florida 190,000, chiefly phosphate areas, and Minnesota 115,000, from the removal of iron ore, sand, and gravel, New York has 60,000 acres of land mined for sand, gravel, and stone; Texas 160,000 acres of the same origin.
Secretary Udall estimates that of the 3,200,000-acre total of torn-up land, only one-third has been adequately reclaimed, either by man's efforts or by natural forces. At least 2-million acres, equivalent to a belt one mile wide and running all the way from New York to San Francisco, lie partly or wholly unreclained, he says.
INTERIM COMMITTEE REPORTS
3601
Of that huge area, Indiana is the only state in which the reclaimed acreage exceeds the unreclaimed, according to the Udall report. In most of the states in volved, two-thirds or more of the stripped lands lie ruined and derelict, out of cir culation so far as game and other wildlife are concerned.
"What remains is not only ugly but also dangerous," Kentucky's Governor Breathitt told the Southern Governors' Conference in September 1968.
U. S. Senator Lausche points out that large areas have been abandoned out right as a result of stripping operations.
Boyd Wallace, a former field assistant in the Ohio Division of Reclamation who has battled the bad practices of this headstrong industry for many years, told Outdoor Life. "Strip mining may enrich an individual, but it always impoverishes the community in the end."
The mining town of Jackson, in the coal fields of eastern Pennsylvania, is a classic example of Wallace's thesis. A UPI story in the Pittsburgh Press in December 1966 told that story.
Fifty years ago Jackson was a tidy community with 100 families, a school, and a tree-lined main street. Its men worked in shaft mines nearby. But in the 1930's the coal corporations, lured by the higher profits of strip mining, began to close the pits and turn to surface equipment. Close to 3,000 part-time or unemployed miners picketed the new operation, and when the first shovel dug into the ground, many tried to storm it, but state police turned them back.
In less than 30 years an estimated 35-million tons of coal were mined there by stripping, and the town died. Its main street became a rock-littered canyon, and the one remaining house was left an island in a bleak wasteland. The last family moved out last winter.
Strip-mine operators often invite criticism by claiming that they are despoil ing only marginal land--land that is worth little for anything save mining. Boyd Wallace runs a farming operation on 800 acres near Cadiz., in the heart of the Ohio strip-mine area, and he refutes that claim by pointing out that he grows as much as 45 bushels of wheat and 100 bushels of corn to the acre.
"The land's worthless when they leave it, but not when they start," he says.
One of the most spectacular features of the ravaged landscape is the highwall left where stripping has cut a bench into it and along the side of a hill or mountain. These highwalls, vertical cliffs of earth and rock, rise 40 to 100 feet. There are 34,500 miles of them in this country, 20,000 miles in the Appalachian states alone, and along 1,400 of those miles massive landslides have already oc curred.
Highwalls often actually isolate a hill or mountaintop completely, and they make millions of acres of game cover difficult or impossible of access.
Matching the destruction of the land, and of far greater concern to fisher men, is the water pollution that follows strip mining.
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Above or below many of the coal seams lies a layer of rock or earth impreg nated with pyrites--iron-sulfur compounds that are the source of sulfuric acid. When these are exposed to air and rain, the deadly acid seeps out and is carried into streams, ponds, and lakes, fouling them until they are unfit for fish. Often the water becomes so acid that it can not be used for household purposes, and neither livestock nor wildlife can drink it.
In 1962 the U. S. Public Health Service estimated that 3,200,000 tons of these acid wastes were being discharged each year into the streams of Appalachia. Not all of it comes from strip mines, however. Deep mines, many of them long aban doned, are the source of much acid waste.
But strip mining aggravates the problem in a peculiar way. In many instances the stripping operation breaks through into an abandoned and sealed mine, re leasing its accumulated load of acid.
"Strip mining has punched thousands of such holes in our hills," the reclama tion director of a mountain state told the authors, "and almost every one of them became a running sore on the land."
Another major source of acid pollution are gob piles, mountainous heaps of refuse resulting from the coal-cleaning process. Consisting of impure coal, rock, pyrites, and other waste material, gob piles often cover many acres like dirty gray scabs. Sulfuric acid leaches from them into nearby streams, and mining men say the process can continue for as long as a century.
On their face, the figures showing unreclaimed strip-mining acreage do not sound too alarming. "A hundred thousand acres?" the reader may ask. "Why, that's only about four townships. Out of an entire state, that isn't enough to worry about." In West Virginia, for example, the total area of ravaged land is only about the size of a single county.
But as Secretary Udall has said, "Although the amount of pits and spoil banks is relatively small, the effects mar vastly larger areas. The derelict acreage is made up of tens of thousands of separate patches. Where one acre in ten is laid waste, the whole landscape is disfigured. The face of the earth is riddled with abandoned workings, gashed with quarries, littered with abandoned structures, and piled high with spoil and slag."
The fact is, the figures by themselves do not tell the story. This mining, as Udall says, shocks the sensibilities. To understand the full magnitude of this blight on the land, you have to see what Senator Lausehe calls "the abominable and grotesque scars"--the tormented earth, the choked creek beds, the farm lands and game cover laid waste, the streams running foul and lifeless.
When you match the giant machines gashing terraces of sheer ugliness for miles along the steep sides of a mountain, or lacerating half a township of rolling green hills; when you look at tumbling creeks turned flithy yellow with mine-born acid, with no minnows in the shallows and not even a dragonfly hovering over the water--then the picture begins to take on its true dimension.
Two other factors must also be taken into account.
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First, the operations today are only a beginning. The estimated coal reserves in Kentucky alone are 66-billion tons. One county, Harlan, has 2-billion tons, enough to supply the industry for the next 150 years. Much of this huge tonnage can be mined profitably by stripping.
The Udall report estimates that lands left despoiled will mount to 5 million acres by 1980. Unless proper regulations are enforced the consequences of strip mining up to now are no more than a drop in the bucket compared with what the future holds.
The second factor is the fantastic improvement in equipment. As the shovels, draglines, and augers grow in size--and they have already reached levels that are almost beyond belief--the work will be done faster, more profitably, at greater depths, and over vastly increased areas. The rate of destruction will rise, and so will the damage.
Strip mining got its start back in the 1800's, but it was a humble beginning. Where the coal outcropped, it was dug by pick, shovel, and wheelbarrow and was drawn away by oxcart. Later, horse-drawn plows and scrapers came into use. An old picture shows a power shovel at work in 1886. It was built entirely of wood and was driven by an upright steam engine.
Until well into this century, the shovels had a bucket capacity of only one cubic yard. Today there is a shovel in operation in eastern Ohio that moves 70 cubic yards of each at a time and can handle 81,000 tons of overburden each hour. If parked in the center of a football field, it could pick up earth from one end zone and dump it into other.
Another shovel in Kentucky has a bucket that scoops up 115 cubic yards. Two cars can park in it side by side, and there is enough head room for a man to stand on their tops. And these shovels are not the biggest.
In the southwest corner of Illinois, the world's largest earth-moving machine is stripping overburden from a coal seam day and night, seven days a week. It reaches 400 feet ahead, gobbles 250 tons in one bite, and dumps it 400 feet to the rear. The immense shovel weighs 18,500,000 pounds and is the height of a 20story building, making it taller than the Statue of Liberty or Niagara Falls. It is wider than an eight-lane highway contains over 100 electric motors, and requires enough power to supply an average city of 15,000. One man operates the shovel from an air-conditioned cab at the five-story level.
The dragline is another efficient piece of equipment for tearing up landscape. There is one operating in southern Indiana that scoops away 75 cubic yards of overburden at a time. Another in Kentucky is even bigger, and one now being built will have a bucket capacity of 220 cubic yards. As for augers, there is talk now of a giant that will drill 1,000 feet in to a coal seam.
Taking all this into account, it is painfully clear that unless strip mining is properly controlled, altered to repair the damage it does to the land and thus made to prevent the ruin of streams and lakes, the ultimate harm will be beyond calculating.
"Strip mining looms as the greatest rape of the land in our history," one offical told the author. "If thought is given to our fast-growing population, to the
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short work week, and to the soaring demand for greater opportunities for hunt ing, fishing, boating, camping, and other forms of outdoor recreation, it becomes self-evident that the final price of unregulated stripping is greater than we can afford to pay."
"If left unchecked, the problems will continue to expand," warns Secretary Udall. "Those of today must be identified and those of tomorrow anticipated, and solutions must be found."
The surprising truth about this destructive industry is that, save in areas where the mined slopes are too steep to be restored, the wreckage it leaves behind is not necessary. In most cases strip-mined lands can be put back into use or farm ing, as forests, and for wildlife production. Their barren ugliness can be cured and most or all of their pollution abated. And the whole job can be done at a cost that does not impose a prohibitive burden on the mine operators.
There are three basic steps in the reclamation process.
First, all sulfur-laden material must be dumped where it can later be covered completely with nontoxic earth.
Second, the spoil heaps must be graded and leveled to restore, as nearly as possible, the natural contours of the land. In mountain country, however, this is difficult and often impossible.
Third, the mined area must be replanted with grass, trees, or both.
That adequate reclamation is both possible and feasible in most cases has been proven conclusively in states where reclamation is required by law as part of the mining operation and where that law has been enforced.
Except in areas where natural conditions make reclamation impossible, no state has undertaken, or wants, to outlaw strip mining outright. Rather, the need is for regulation--for well-enforced laws guaranteeing that the damage will be repaired pollution controlled, and things put back as they were.
The laws must have teeth. Ideally, they should fix severe penalties for relating without a permit and should require a bond sufficient to insure reclamation. Most important of all, they should provide that unless the work is completed in ac cordance with the law and to the satisfaction or state authorities, and the bond released, the operator can not be given a permit to begin another job.
Up to now, strip mining in most states has proven to be an unruly problem child. Few operators take kindly to the idea of regulations of any kind, and many of them have been arrogant and defiant. Time after time they have resorted to political influence, money, threats, and even violence to defeat or water down stripmining bills in state legislatures, or to flout the law.
But control is bound to come. In his 1968 report to the Appalachian Regional Commission. Interior Secretary Udall spelled out two things that are needed.
First, a costly long-range reclamation program to redeem the acreages rav aged and abandoned in the past.
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Next, in UdalFs own words, "To prevent future devastation and to avoid sweeping up after tomorrow's miners, it is essential that effective regulations be established."
Isn't it time that sportsmen, in every state being scarred by strip mining, demand that both these things be done and done now?
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 TEACHER CERTIFICATION POLICIES STUDY COMMITTEE
(House Resolution No. 280) ******
THE COMMITTEE
Honorable George D. Busbee, Chairman Representative, 79th District
Honorable Robert H. Walling, Secretary Representative, 118th District
Honorable Henry Bostick, Member Representative, 93rd District
Honorable Daniel K. Grahl, Member Representative, 52nd District
Honorable Grace T. Hamilton, Member Representative, 137th District
January 1968
I.
INTRODUCTION
The Teacher Certification Policies Study Committee was created pursuant to the authority of House Resolution 280. The Speaker of the House appointed the following members of the House to the Committee:
Honorable Henry Bostick Representative, 93rd District Honorable George D. Busbee Representative, 79th District Honorable Daniel K. Grahl Representative, 52nd District Honorable Grace T. Hamilton Representative, 137th District Honorable Robert H. Walling Representative, 118th District
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At the organizational meeting of the Committee held on May 26, 1967, at the State Capitol, Representative George Busbee was duly elected Chairman of the Committee and Representative Robert H. Walling was elected Secretary.
The creating resolution charged the Committee with the responsibility of making a thorough study of the teacher training programs and teacher certifica tion policies and practices of the State Board of Education of Georgia. The re solution also provided that the Committee should "... pay particularly close attention to said policies and practices as they relate to the Professional Educa tion credits required by the State Board of Education for certification".
In carrying out its responsibilities, the Committee heard testimony from many knowledgeable people in the general field of education and in the particular field of teacher education and certification. Included among those giving testimony before the Committee were key personnel of the State Department of Education, School Superintendents, officials of education associations, teachers and others. The Committee also drew on available research materials concerning the subject under consideration.
The following pages of this report set forth the Committee's findings and its conclusions and recommendations based on those findings.
II.
FINDINGS
The Committee found that there are many and varied complaints concerning teacher education and certification practices and policies which are expressed by laymen as well as professional educators and others knowledgeable in the field of education. These complaints fall into several categories, and the discussions surrounding them are many and varied. It would lengthen this report unneces sarily to attempt a detailed analysis of these discussions, but a brief summary of the major complaints that the Committee heard are set forth below.
A. Professional Education Courses versus Substance Courses in Teacher Training Programs. For many years now there has been a continuous debate among laymen and in education circles concerning the value of so-called "profes sional education" courses as opposed to "substantive" or "content" courses. The Committee found that the subject still generates thoughful discussion in Georgia, and heard many complaints that too much emphasis has been and still is placed on professional education courses at the expense of courses in general education and the subject matter that is to be taught. The opposition to the professional education courses takes many forms, but the main point that is often made is that the value of these courses is debatable and yet to be proven. It seems to many, therefore, including some educators as well as laymen, that until and unless the value of each education course is proven, it is very questionable for our schools of education and our certification policies to insist that the same be a part of the teacher training program. At the present time between 20 and 25% of the educa tion programs of a teacher is devoted to professional education courses. It was pointed out to the Committee on several occasions that many persons who are considered well educated by most standards could not qualify to teach in our public schools, except under provisional certificates, because they have not had the required professional education courses. For example, a professor of mathe matics at Georgia Tech could not teach math at a Georgia high school, nor could
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a professor at the law school at the University of Georgia teach high school commerical law except under provisional certificates, which penalize their holders through lower salaries than the salaries authorized by the professional certifi cates.
While most educators were in accord in expressing their feelings that profes sional education courses are essential, many of them agreed that an in-depth study should be made of the courses now being offered.
The Committee also found that the approved teacher training colleges in Georgia usually require more professional education courses in their teacher training programs than is required by the State Board of Education for certi fication.
B. The Requirement of Five Consecutive Years Teaching for a Lifetime Certificate. Under present regulations of the State Board of Education, a teacher must teach five consecutive years before becoming eligible for a lifetime certi ficate. According to testimony heard by the Committee, this requirement leads to many hardships and frequently drives teachers from the profession. For example, young women teachers often marry and become pregnant during their first five years of teaching after graduation from college and find it necessary to temporarily leave the profession. Under present regulations, such teachers find that they must go back to school for additional courses if they wish to teach. This requirement places a considerable burden on these young wives and mothers who would like to continue to teach, even when they are fortunate enough to live near an approved teacher training college, but for others, who would have to leave their families to go back to college, it seems to be asking too much, and they fre quently seek employment out of the teaching profession. There are many other cir cumstances, other than pregnancy, that cause young teachers to temporarily stop teaching before completing five consecutive years.
C. Teacher Education Courses Available Only at Approved Teacher Training Institutions. The fact that under present regulations, approved teacher education courses are available only at a limited number of institutions throughout the State is also a source of hardship and many complaints. It can be readily seen how this problem would be directly related to the teacher who had to return to college for additional courses for the reasons discussed in "B" above, and there are additional circumstances where this factor is of considerable importance. The Committee found, for example, that many people who finally decide they want to teach did not reach that decision until they had completed college, and as a result, they had not taken an approved teacher training program while in college. This late decision to teach might be made for a variety of reasons ranging from purely economic considerations to a genuine desire to become a career teacher. Whatever the reasons, many people have pointed out that the shortage of teachers demands that this source of teachers not be neglected. Many, if not most, of the potential teachers falling into this category are married and have children, and like the teachers described in "B", they find it very difficult to return to college to take additional courses, particularly, when attending the nearest approved teacher training institution would require them to leave their families. The teachers in this category, however, are limited to the provisional certificate until they can return to college to take the necessary courses to qualify them for the profes sional certificate.
D. Lack of Standardization of Courses. The Committee found that there is no coordination or standardization of courses in the teacher training programs
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offered by the approved teacher training institutions located both within and without the State. The courses offered at these institutions differ not only in name and designation from one school to another but also in content. As a result,
there are many problems associated with transferring credits from one institution to another.
E. Reciprocity. Closely related to the matter of standardization of courses, particularly with regard to institutions located without the State, is the lack of any assurance that a teacher trained in an out-of-State institution will be eligible for certification in Georgia. For example, a student who has completed an ap proved teacher training program at an out-of-State institution may discover that he must go back to school at an approved teacher training institution in this State if he wishes to qualify for a Georgia professional certificate.
F. Confusion Relating to the Requirements for Certification. The Certifica tion Unit of the State Department of Education was requested to furnish the Committee with copies of all rules and regulations pertaining to teacher certifica tion. The Committee was constantly supplied with amendments, revisions and supplements to pamphlets and advised that some of the material previously fur nished to the Committee was out of date. Not only were the members of this Committee unable to follow the technicalities of these numerous pamphlets and publications, but also many principals, superintendents, and teachers themselves
had the same problem. The Committee found that because of the confusion relating to certification requirements, there was often a complete breakdown of communi cation between the Teacher Certification Unit and applicants for certification.
III.
CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions. Based on the testimony it has heard and its investigation, the Committee is of the opinion that there is considerable validity to the many com plaints that have been presented to it, and remedial measures could and should be undertaken. The Committee is of the further opinion that the basic source of these problems and complaints is traceable to the Composition of the Georgia Council on Teacher Education.
The Committee recognizes that the Georgia Council on Teacher Education has a long and honorable history of dedication to the improvement of the quality of education in our State, but for several years now, the Council has been the determining factor in matters of teacher preparation and certification, although the law provides that this responsibility belongs to the State Board of Education. The Council is a voluntary organization and is not controlled either by the law or the State Board of Education, but the Board, recognizing that it needed knowl edgeable advice in the area of teacher training and certification, has relied heavily on the Council's recommendations on this important subject. In fact, the Com mittee's investigation reveals that with very few quite recent exceptions, the Council's recommendations on teacher training and certification have been ac cepted by the Board without change or even amendment. This entire procedure was recently formalized when the Board designated the Council as the official advisory body on matters of teacher education, though the Board of Education has not delegated any authority to this body to act.
However, it should be noted that the Honorable Jack P. Nix, State Superin tendent of Schools, did recommend to the State Board of Education that the num-
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ber of required education courses be reduced from three to two courses at the fifth and sixth year levels. The State Board of Education accepted this recom mendation at their regular March meeting. This reduction was opposed by the Georgia Council on Teacher Education.
The Committee has concluded, therefore, that the Council is the de facto organization setting requirements for teacher preparation and certification, and the question now arises as to how the composition of the Council relates to many of the complaints the Committee has heard. An analysis of many of these complaints reveals that they revolve around an emphasis on the function of our approved teacher preparation colleges. For example, the continued emphasis on "profession al education" courses; the requirement that teachers, or would be teachers, re turn to these college campuses for additional courses is the source of several of these complaints.
When one examines the composition of the Council, the emphasis on colleges of education is not surprising: of a total membership of 99 members, 31 are the heads, or members of the faculty, of the approved colleges of education and an additional 31 are appointed by the presidents of institutions having an approved college of education. Thus, the colleges have 62 or almost two-thirds of the mem bership of the Council. The bulk of the remaining members are representatives from GEA, GTEA and the State Department of Education. The "consumers" of teachers, that is, superintendents and principals, and teachers themselves are sadly underrepresented on the Council.
During the course of its study, the Committee was informed several times that teaching is a profession and that the requirements relating to teacher prep aration and certification are matters that should be determined by the profes sion itself and not by the legislature. The Committee agrees that teaching is a profession, and in fact, the General Assembly is formally on record to that effect through the adoption of the "Professional Teaching Practices Act" at the 1967 session (Ga. Laws 1967, p. 840). The Committee also agrees that teacher prep aration and certification are matters of primary concern to the profession, but would like to point out, however, that while the legal and medical professions, for example, make recommendations that are normally followed by the legislature, the legislature itself is the ultimate body to determine the qualifications required of all professions, because the qualifications are directly related to the public welfare. The welfare of our citizens, of course, including the children of our State, is a matter that properly addresses itself to the General Assembly. The Committee has concluded, however, that the measures that need to be taken to correct the complaints outlined in this report would not require legislative action but can be accomplished by implementation of the recommendations set forth
below.
B. Recommendations. In view of the findings of this Committee and the foregoing conclusions, the Committee makes the following recommendations:
1. That the Georgia Teacher Education Council take the necessary steps to reorganize itself so as to include substantially more proportional representation for school superintendents, principals and teachers, and that the various committees of the Council also reflect this reorganization once it is completed.
Comment. The Committee found that the Teacher Education and Profession al Standards Committee of the Georgia Education Association has considerably
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more members from classroom teachers, principals and superintendents and sug gests the composition of this Committee as a guideline for the reorganization of the Council.
2. That the State Board of Education, in cooperation with the Board of Regents and the Georgia Teacher Education Council, after its reorganization, undertake an in-depth study of the respective roles of professional education courses and general education and teaching field courses and content of both and that the professional education courses that are not proven to be of value be elim inated and general education or teaching field courses be substituted therefor.
Comment. The Committee has been advised that such a study is already con templated and urges that it be initiated and carried out with all speed that tho roughness and the importance of the subject permits.
3. That the State Board of Education consider changing the validity date of T-4 and T-5 certificates to eight years beginning July 1, 1968, so that teachers who teach five years during an eight year period would be eligible for the life certificate.
Comment. This recommendation is in keeping with the practices of several of our neighboring states.
4. That the State Board of Education consider issuing a one-year T-4 certi ficate in one established teaching field to applicants who hold the highest current professional certificate based on a bachelor's degree issued by a sister state in which the teacher's training was obtained from an accredited institution.
Comment. This recommendation is in keeping with North Carolina's practice and certification compacts of the New England States and Middle Atlantic States.
5. That the State Board of Education consider issuing the B-4 Provisional Certificate without evidence of employment and the superintendent's recommenda tion.
Comment. It is believed that such evidence and recommendation is not neces sary since the certificate is valid for a three-year period.
6. That the State Board of Education and the Board of Regents jointly take the necessary steps to establish a satellite program for teachers training whereby teacher education courses can be offered throughout the State by utilizing the facilities of junior colleges, senior colleges and other colleges during the summer months and at other times during the year as might be necessary or desirable.
Comment. Such a satellite program would make teacher education courses available within commuting distance to students and teachers throughout the State enabling students needing additional courses to obtain their professional certificates and teachers to upgrade their current certificates without undue hardship. The Committee is advised that such a program is currently being con sidered by the Board of Education and Board of Regents and urges that it be fully implemented at the earliest possible time.
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7. That the Certification Bulletin of the State Department of Education and other literature dealing with teacher preparation and certification be systemati cally reviewed by the Board of Education and the Department for improvement in style and content.
Comment. The development of a simplified brochure on teacher preparation and certification, containing accurate and current information, and its wide distribution to students entering college under a teacher training program and to all applicants for certification would be of great value in eliminating the present confusion regarding the requirements for teacher certification in Georgia.
8. That a new interim committee be created at the 1968 session of the Gen eral Assembly to follow up on the implementation of the foregoing recommenda tions and to make such further recommendations to the 1969 session of the Gen eral Assembly as such committee shall determine.
Comment. Suggested language for a resolution creating the interim committee is included in this report as Appendix "A".
Respectfully submitted,
/s/ George D. Busbee George D. Busbee Representative, 79th District Chairman
/s/ Robert H. Walling Robert H. Walling Representative, 118th District Secretary
/s/ Henry Bostick Henry Bostick Representative, 93rd District
/s/ Daniel K. Grahl Daniel K. Grahl Representative, 52nd District
/s/ Grace T. Hamilton Grace T. Hamilton Representative, 137th District
APPENDIX "A"
A RESOLUTION
Creating an interim committee to study the Teacher Certification policies and practices of the State Board of Education of Georgia; and for other purposes.
WHEREAS, the Teacher Training and Certification Study Committee sub mitted a report to this session of the General Assembly setting forth certain rec ommendations regarding changes that should be made in teacher training and certification policies and practices; and
WHEREAS, there is a continued need for legislative review of teacher train ing and certification policies and practices; and
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WHEREAS, said Teacher Training and Certification Study Committee rec ommended the creation of a new interim committee to follow up on the implemen tation of its recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRE SENTATIVES that there is hereby created the Teacher Training and Certifica tion Study Committee to be composed of five members of the House of Represen tatives to be appointed by the Speaker of the House of Representatives. Said com mittee shall be authorized to study and evaluate the implementation of the recom mendations contained in the Report of the Teacher Training and Certification Study Committee presented to the 1968 session of the General Assembly, and shall be further authorized to make such other studies as it deems necessary or desir able relating to teacher training and certification policies and practices of the State Board of Education of Georgia.
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 members of the committee shall receive the same expenses and travel allowances authorized for legislative mem bers of interim legislative committees, in accordance with the provisions of an Act approved March 16, 1966 (Ga. Laws 1966, p. 544). The members of the com mittee shall receive such expenses and allowances from the funds appropriated to or available to the legislative branch of government.
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, 1968, on which date the committee shall stand abolished.
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 SUBCOMMITTEE ON TOBACCO OF THE SENATE AGRICULTURE AND NATURAL RESOURCES COMMITTEE
(Senate Resolution No. 119)
THE COMMITTEE Honorable Roscoe E. Dean, Jr., Chairman Senator, 6th District Honorable Frank Eldridge, Jr. Senator, 7th District
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Honorable Robert A. Rowan Senator, 8th District
Honorable Ford B. Spinks Senator, 9th District
REPORT OF THE SUBCOMMITTEE ON TOBACCO OF THE SENATE AGRICULTURE AND NATURAL RESOURCES COMMITTEE
(Senate Resolution No. 119)
INTRODUCTION
The Subcommittee on Tobacco of the Senate Agriculture and Natural Re sources Committee was appointed by the Chairman of the Senate Agriculture and Natural Resources Committee pursuant to the authority vested in him under Senate Resolution No. 119. The Chairman of the Senate Agriculture and Natural Resources Committee appointed the following members to the Subcommittee on Tobacco:
Honorable Roscoe E. Dean, Jr. Senator, 6th District
Honorable Frank Eldridge, Jr. Senator, 7th District
Honorable Robert A. Rowan Senator, 8th District
Honorable Ford B. Spinks Senator, 9th District
The Chairman designated Senator Roscoe E. Dean, Jr., as Chairman of the Subcommittee.
RECOMMENDATIONS
The Subcommittee on Tobacco of the Senate Agriculture and Natural Re sources Committee recommends:
1. That the Georgia General Assembly pass legislation prohibiting the un loading, receiving or weighing of tobacco on Sunday.
2. That the Georgia General Assembly endorse and support the proposed legislation now before Congress that will allow Georgia farmers to sell and lease acreage allotments across county lines and to delete or drop acreage as a means of controlling flue-cured tobacco production or surplus.
3. That the Georgia General Assembly pass legislation to remove the sales tax on excise tax which is currently being collected on cigars and cigarettes.
4. That the Georgia General Assembly support a movement to create a mar keting association and establish a trade name for Georgia tobacco or amend the "Georgia Agricultural Commodities Promotion Act" to accomplish this goal.
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5. That the Commissioner of Agriculture and the Georgia Tobacco Commodity Commission publish the 1963 through 1967 statistics relative to out-of-state tobacco sold on each Georgia market on a yearly basis.
6. That the Georgia General Assembly pass legislation giving the Commis sioner of Agriculture authority to control the expiration date of warehouse licenses.
7. That the United States Department of Agriculture employ as many grad ers as possible from the state in which they are grading tobacco and that in formation on how to become a grader be widely publicized.
8. That labels on tobacco be placed so buyers cannot see the government grade.
9. That our Congressional delegation in Washington and particularly mem bers of the Senate and House Agricultural Committees increase their coopera tion and continue their cooperation with the Georgia tobacco farmers.
10. Attached as Exhibit "A" are the statistics on out-of-state tobacco sold on the Georgia market from 1963 through 1967.
EXPLANATORY REMARKS
THE SENATE SUBCOMMITTEE ON TOBACCO RECOMMENDS THAT THE GEORGIA GENERAL ASSEMBLY PASS LEGISLATION PROHIBIT ING THE UNLOADING, RECEIVING, OR WEIGHNG OF TOBACCO ON SUNDAY.
The Subcommittee feels very strongly that receiving, unloading, and weighing of tobacco in Georgia on Sunday is unnecessary and unethical and does not con form to the higher moral standards of tobacco warehouse operations in other fluecured tobacco belts. Testimony before the Subcommittee revealed that some ware housemen in Georgia remain open and receive tobacco on Sunday. This is a com pelling force on other Georgia tobacco warehouse operators, who prefer to close, to remain open on Sunday due to the highly competitive nature of the tobacco warehouse business. Receiving tobacco on Sunday is not necessary, essential or fundamental to the successful operation of a tobacco warehouse nor the orderly marketing of flue-cured tobacco in Georgia and shows disrespect for the Sabbath day.
The Subcommittee recommends to all Tobacco Warehousemen operating in Georgia that they refrain from receiving, unloading, or weighing tobacco on Sunday.
The Subcommittee further recommends that the Georgia General Assembly pass legislation prohibiting the unloading, receiving, or weighing of tobacco from 12:00 o'clock midnight Saturday to 12:00 o'clock midnight on Sunday.
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(2)
THE SENATE SUBCOMMITTEE ON TOBACCO RECOMMENDS THAT THE GEORGIA GENERAL ASSEMBLY ENDORSE AND SUPPORT THE PROPOSTD LEGISLATION NOW BEFORE CONGRESS THAT WILL AL
LOW GEORGIA FARMERS TO SELL AND LEASE ACREAGE ALLOT
MENTS ACROSS COUNTY LINES AND TO DELETE OR DROP ACREAGE AS A MEANS OF CONTROLLING FLUE-CURED TOBACCO PRODUCTION OR SURPLUS.
In view of the rapid decrease of labor on the farms, and the rising cost of the labor that is left on the farm, it is becoming more apparent each year that the tobacco grower must mechanize his tobacco operation if he is to survive as a tobacco producer. Tobacco has the highest labor requirement (350 hours from seedbed to market) of any crop produced in Georgia. Our tobacco allotments are very small with no acreage increase in sight, and with larger acreage necessary for an economical mechanized unit.
The Subcommittee endorses and supports the proposed legislation before Con gress that will allow Georgia farmers to sell and lease acreage allotments across county lines and recommends that the United States Congress pass this pro posed legislation.
The Subcommittee recommends that the United States Department of Agri culture drop acreage as a means of controlling flue-cured tobacco production or surplus in order to permit wider row spacing and drill spacing. This would enable a farmer to use fertilizer and yet produce poundage quota. The wider row spacing and wider drill spacing will permit more sunlight to shine down through the plants.
(3)
THE SENATE SUBCOMMITTEE ON TOBACCO RECOMMENDS THAT THE GEORGIA GENERAL ASSEMBLY PASS LEGISLATION TO REMOVE THE SALES TAX ON EXCISE TAX WHICH IS CURRENTLY BEING COL LECTED ON CIGARS AND CIGARETTES.
Cigarette and cigar users are taking the brunt of increased tax collections by the states in the United States to the detriment of flue-cured and shade tobacco producers. The Tobacco Tax Council shows in figures how this burden on smokers has pyramided by leaps and bounds the past few years and statistics prove that it is hurting the sale of tobacco and in turn hurting our tobacco farmers. The total taxes collected on tobacco in Georgia are more than those collected on wine and whiskey combined. The tobacco industry is being made a "whipping boy" in our tax structure at the expense of our tobacco growers.
The Subcommittee recommends the removal of the sales tax on the excise tax currently being collected on cigarettes and cigars.
(4)
THE SENATE SUBCOMMITTEE ON TOBACCO RECOMMENDS THAT THE GEORGIA GENERAL ASSEMBLY SUPPORT A MOVEMENT TO
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JOURNAL OF THE HOUSE,
CREATE A MARKETING ASSOCIATION AND ESTABLISH A TRADE NAME FOR GEORGIA TOBACCO OR AMEND THE "GEORGIA AGRICUL TURAL COMMODITIES PROMOTION ACT" TO ACCOMPLISH THIS GOAL.
In order for Georgia tobacco to maintain its good name and keep its favorable position in domestic and foreign trade channels and to provide a means for those who wish to know the source of origin or state the tobacco is produced in, the Subcommittee supports a movement to create a Georgia Tobacco Marketing As sociation for Georgia farmers or amend the "Georgia Agricultural Commodities Promotion Act," to accomplish this goal.
(5)
THE SENATE SUBCOMMITTEE ON TOBACCO RECOMMENDS THAT THE COMMISSIONER OF AGRICULTURE AND THE GEORGIA TOBACCO COMMODITY COMMISSION PUBLISH THE 1963 THROUGH 1967 STATIS TICS RELATIVE TO OUT-OF-STATE TOBACCO SOLD ON EACH GEORGIA MARKET ON A YEARLY BASIS.
The Subcommittee feels that Georgia's tobacco farmers would be very inter ested to know the pounds of out-of-state tobacco sold by each warehouse each year from 1963 through 1967.
The Subcommittee recommends that the Commissioner of Agriculture and the Tobacco Commodity Commission publish these statistics.
(6)
THE SENATE SUBCOMMITTEE ON TOBACCO RECOMMENDS THAT THE GEORGIA GENERAL ASSEMBLY PASS LEGISLATION GIVING THE COMMISSIONER OF AGRICULTURE AUTHORITY TO CONTROL THE EXPIRATION DATE OF WAREHOUSE LICENSES.
To prevent future tobacco cleanup sales from being jeopardized the Subcom mittee recommends that the Georgia General Assembly pass legislation giving the Commissioner of Agriculture authority to control the expiration of warehouse licenses.
(7)
THE SENATE SUBCOMMITTEE ON TOBACCO RECOMMENDS THAT THE UNITED STATES DEPARTMENT OF AGRICULTURE EMPLOY AS MANY GRADERS AS POSSIBLE FROM THE STATE IN WHICH THEY ARE GRADING TOBACCO AND THAT INFORMATION ON HOW TO BECOME A GRADER BE WIDELY PUBLICIZED.
In view of only two Georgia residents employed by the United States Depart ment of Agriculture to grade tobacco in Georgia, the Subcommittee recommends that the U.S.D.A. employ as many graders as possible from Georgia to grade tobacco in Georgia and that steps necessary to become a grader be widely publi cized.
INTERIM COMMITTEE REPORTS
3617
Persons interested in becoming tobacco graders should write to Mr. Eugene C. Jirak oi the Inter-Agency Board, U. S. Civil Service Examiners for Illinois, 219 South Dearborn Street, Chicago, Illinois, 60604, and request an application form and announcement No. CH-7-03 Agriculture Commodity Grader (Tobacco). This is a U. S. Civil Service position with a GS-5 rating.
(8)
THE SENATE SUBCOMMITTEE ON TOBACCO RECOMMENDS THAT LABELS ON TOBACCO BE PLACED SO BUYERS CANNOT SEE THE GOV ERNMENT GRADE.
The Subcommittee feels that the practice of labeling tobacco where the grade is visible to the buyers might be some inducement to stop bidding at a price slightly above the support price for that grade.
The Subcommittee recommends to the grading service of the U.S.D.A. that the grade on tags be placed in such a manner that buyers cannot see the grade until after they have bought the tobacco.
(9)
THE SENATE SUBCOMMITTEE ON TOBACCO RECOMMENDS THAT OUR CONGRESSIONAL DELEGATION IN WASHINGTON AND PARTICU LARLY MEMBERS OF THE SENATE AND HOUSE AGRICULTURAL COM MITTEES INCREASE THEIR COOPERATION AND CONTINUE THEIR CO OPERATION WITH THE GEORGIA TOBACCO FARMERS.
(10)
ATTACHED AS EXHIBIT "A" ARE THE STATISTICS ON OUT-OFSTATE TOBACCO SOLD ON THE GEORGIA MARKET FROM 1963 THROUGH 1967.
ACKNOWLEDGEMENTS
The members of the Subcommittee wish to express their sincere appreciation to those persons who appeared and testified before the Subcommittee during its deliberations.
Respectfully submitted,
/s/ Roscoe E. Dean, Jr. Roscoe E. Dean, Jr. Chairman Senator, 6th District
/s/ Frank Eldridge, Jr. Frank Eldridge, Jr. Senator, 7th District
/s/ Robert A. Rowan Robert A. Rowan Senator, 8th District
/s/ Ford B. Spinks Ford B. Spinks Senator, 9th District
3618
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INTERIM COMMITTEE REPORTS
3621
H -a o
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- < S OJ o oS
OUT-OF-STATE TOBACCO SOLD ON.THE GEORGIA MARKET
CO
03
Total Pounds
Sold
1964 N.C.S.C.
Total
Sold
Other % of Total.
Total Pounds
Sold
1965 N.C.S.C
Total
Sold
Other % of Total
Total Pounds
Sold
1966 N.C.S.C.
Total
Sold
Other % of Total
Total Pounds
Sold
1967 N . C..SA'.
Tot a '
Sole!
Other
"^ of
Tola!
TIFTON Banne? 1 & 2 Growers 1 & 2 Russell Bros. Twin Brick New Planters
Total for Market
2 72^,662
n*ne
2 556/324
l!J7,78<i
2 749,118
none
2 179,944
9,060
_\___ _ ...
j.0 2 1|,048
1J6,844
.00 2, 050,380 4.21 2, 314,177
.00 2, 429,630 .41 2, 26Q,891
non|e 292,, 022
16, 260 123,, 480
1.14k 055J,078 |43l|,762
VALDOSTA Gurleys 1 & 2 Farmer Alliance Pearces 1,2, &3 Roberts & Smothers Rogers Whee.
Total for Market
1,965,528
3;416,086
1,874, .180 7,255,794
11,692
none
3,960 15,652
.59 1, 805,593 112,960
.00 2, 858,948 78,814
.21 1, 814,808 25,572 .21 6., 476, 349 217,346
VIDALIA Brick Whse. Farmers Whse, Vann's Whse. Penn Bros.
Total for Market
2,414,140 324,588
3,900,944 1,787,644 8,102,728
370,028 283,592 978,208
13.44 3., 542,239. 1,010,795
9.48 4,036,765 947, 182 15.86 2, 560,471 1, 135,649 12.07 .10:, 139,475 309J.,626
.00 2,043,579 12.61 2,7231,313
.66 2,203,895 5.46
10E|,430 820|, 968
6q, 530
1J782|,196 357,384
4.76 8,17 53J, 983 1,J347|, 312
5.30 3|0.14
.74
3,27k,942 3, 301,121 3^13JJ,016
86fe, 941 789,653 277,292
2: .46 2, .92
3.85
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l[5.39 12^260,268 3l28f,968
zi.81 ftl
6.26 2.75
3,49,8,673 1,313,315 3,471,166
83:, 239 491,519 132,284
1.40 3.35 7, 283,156 707^042
28.5.3 3 ,913,830 2j,407,725 2 ,497,030 1,335, 560
23.46 3 ,313, 142 1, 144, 594 44.27 20.62 9 ,.724,, 002 . 4-887,879
J5.33 3J7.42
3.81
3 ,760, 534 4 ,837,777
527,517 625,442
9.70 8 ; 598,311 1 ,152,959
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44 .28
WAYCROSS Georgia & Farmers Waycross.
2,922,982 2,218,562
17,618 37,424
.60 2,645,700 1.68 2,267,252
22,876 103,016
.86 . 2,475,331. 4.54. 1,810, 174
894,903 175,942
36.15 3 ,849,821 9.94 2 ,882,446
15,692 57,362
.40 1 .99
INTERIM COMMITTEE REPORTS
3623
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
********
REPORT OF THE SENATE COMMITTEE ON THE DEVELOPMENT AND PROMOTION OF TOURISM
********
THE COMMITTEE
HONORABLE FORD BELMONT SPINKS, CHAIRMAN SENATOR, 9TH DISTRICT
Honorable Culver Kidd Senator, 25th District
Honorable J. A. Minish Senator, 48th District
Honorable Jay Carroll Cox Senator, 21st District
Honorable Roy V. Noble Senator, 19th District
Honorable Frank G. Miller Senator, 43rd District
Honorable W. A. Searcey Senator, 2nd District
February, 1968
FINDINGS AND RECOMMENDATIONS OF THE SENATE COMMITTEE ON THE DEVELOPMENT AND PROMOTION OF TOURISM
The Senate Committee, established to study the development and promotion of Tourism within the State, interviewed many facets of the Travel Industry through out Georgia in an effort to determine what role the State could play.
This Committee determined that the Tourism Division of the Department of Industry and Trade--with a working budget last year of only $400,000--was re sponsible, through travel related industries, of returning over 39 million dollars to the State Treasury in revenue. In no other area does the State get this amount of return on its investment, and efforts should be strengthened in this area because the Tourist Dollar that comes to Georgia is a fresh and larger dollar than one from new industry because there are no economic concessions made to get it. The Committee feels the potential here is unlimited.
Some recommendations of the Committee made during the year have already been implemented. A program has been worked out with the Agricultural Experi ment Station in Tifton, Georgia, for the training of Welcome Center custodians in grassing and landscaping.
Governor Maddox is to be commended for making available to the Welcome Centers, when asked to do so by this Committee, the necessary funds this summer to enable them to keep the Welcome Centers open from 6 p.m. to 9 p.m., from August 1 to September 10,1967, thereby welcoming to Georgia an additional 34,800 visitors they would have been unable to contact. The Committee endorses the con tinuation of this program on a permanent basis.
3624
JOURNAL OF THE HOUSE,
Legislation has been introduced by the Committee to provide for a system of numbering exits on the Interstate Highways to aid our visitors.
Chambers of Commerce throughout the State and representatives of the Petroleum, Restaurant and Hotel Associations have been very much concerned with the need for convention solicitation at the State level and the need for a ten minute film on Georgia to be shown to prospective convention groups. Atlanta has a full time Convention Bureau but no assistance is available for the rest of the State, and, consequently, they make requests in large numbers of the Tourism Division. One convention brought to the State could very easily off-set for a year the cost of establishing a convention unit within the Tourism Division. Personnel for such a unit has been estimated to cost $11,960, and the Committee recommends such a unit as they feel the need is most acute.
The Committee recommends the appropriation outlined for the Lake Lanier Islands Authority be left in the budget, and feels the potential benefit to the State in the development of these islands is virtually unlimited.
The Committee would like to encourage members of the travel industry in Georgia to create and promote package tours of Georgia to be sold by travel agencies, airlines, bus companies, etc. At the present time they are limited.
The Committee recommends the appropriation of the State Parks Department Budget.
The Committee recommends that $70,000 be added to the Jekyll Island Authority Budget for the purpose of advertising this Atlantic Coast resort and that this money be channeled through the Tourism Division for the purpose of creating and co-ordinating such an advertising program for this resort.
Many small cities and communities throughout Georgia come to the Tour
ism Division for assistance in layout and design of brochures and publications as well as depending on them for the better part of their distribution. The Commit tee feels it would be more economical to the State to increase the publicity and
promotion staff of this Division as well as add an artist to the staff, than for this Division to have to always turn to the services of outside people on a contract basis and recommends such increase in personnel. In addition, such an increase would make it possible for the Division to give more assistance to local communi
ties in the promotion of local events, which they badly need and ask for constantly.
The Board of Directors of the Department of Industry and Trade have asked for assistance from the Committee in making it possible to provide car rental, and travel and promotional funds for use by the Department. We under stand the Board is working with some members of the General Assembly to intro
duce enabling legislation.
The Committee has been working with the Game and Fish Department in an effort to provide hunting and fishing licenses for sale at the Welcome Stations, and feel this would be advantageous in helping visitors prolong their stay in Georgia.
Groups throughout the State talked to the Committee about the necessity for completion of the Historical Commission projects and the Committee is very much in favor of this. Some of these, in their unfinished state, are attracting
INTERIM COMMITTEE REPORTS
3625
thousands of visitors each month, and the Committee feels the highest priority should be given to their completion, not only for their historical value and signifi cance, but also so that fees can be charged for admission. A source of badly needed revenue is being missed by the State because these sites have not been completed.
The Committee is preparing legislation that will prohibit bounty hunters-- both on land and in the sea--from removing artifacts for sale to collectors rather than being the property of the State.
The Committee feels that standard signs should be used at the Welcome Centers, that these signs should be official signs with appropriate emblems, and should be placed as close to the highway as possible, with efforts made to have them placed on the right-of-way if necessary.
At the present time the approach signs on the Interstate leading to the Wel come Centers have the words "Welcome Center" on them and the Committee feels efforts should be made to have the Bureau of Public Roads place the words "Georgia Welcome Center" on these signs.
The Committee would like to recognize the fact that throughout the States visited and from the U. S. Director of Travel Services, and from every dele gation, both within State government and from Georgia travel industries, tribute was paid to the Director of the Tourism Division in Georgia for his out standing ability, devotion to his profession, leadership in his field and dedication to his State. The Committee feels Georgia is fortunate to have such a man and commends him and his staff for their efforts in behalf of tourism in Georgia.
Still under consideration by the Committee are ways to implement the follow ing where feasible:
1. A system of secondary Welcome Centers in Georgia communities to be operated under a set of standards set-up by the State;
2. The possibility of combining the advertising efforts of all State tourist related departments and authorities in order to take advantage of tremen dous space savings rates, etc.;
3. The construction of "dumping stations" at State provided areas along the highways to serve the campers and family groups traveling with selfcontained disposal units;
4. Loans for construction of facilities, motels, etc., to serve the traveling public from retirement funds in the State;
5. Aid in the development of "Underground Atlanta";
6. During the year the Committee has corresponded with other states having separate Tourist Departments and met with some of the heads of these departments. The Committee plans to continue to study in depth these operations in an effort to ascertain what benefits, if any, have been
3626
JOURNAL OF THE HOUSE,
derived from the establishment of such a separate department and whether it would be in Georgia's best interest to separate this department.
Respectfully submitted,
/s/ Ford Belmont Spinks Fort Belmont Spinks Senator, 9th District Chairman
/s/ Culver Kidd Culver Kidd Senator, 25th District
/s/ J. A. Minish J. A. Minish Senator, 48th District
/s/ William A. Searcey William A. Searcey Senator, 2nd District
/s/ Roy V. Noble Roy V. Noble Senator, 19th District
/s/ Frank G. Miller Frank G. Miller Senator, 43rd District
/s/ Jay Carroll Cox Jay Carroll Cox Senator, 21st 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 GOVERNOR'S TRAFFIC SAFETY COMMITTEE (House Resolution No. 79-209)
The Governor's Traffic Safety Committee has met, concluded its study and submits herewith a report of its findings and recommendations.
Sincerely yours, /s/ Bill Williams
W. M. Williams, Chairman Representative, 16th District
December, 1967
INTERIM COMMITTEE REPORTS
3627
THE COMMITTEE
Honorable Tom C. Greer Sheriff, Tift County
Honorable Edmund W. Hughes Atlanta Traffic and Safety Council
Honorable James R. Golden Ford Motor Company
Honorable Charles L. Skinner Georgia Motor Trucking Assoc., Inc.
Honorable W. M. Williams, Chairman Representative, 16th District
Honorable Albert F. Moore Senator, 31st District
Honorable Stanley E. Smith, Jr. Senator, 18th District
Honorable Sam P. Hensley Senator, 33rd District
Honorable John S. Knight Senator, 16th District
Honorable John H. Anderson, Jr. Representative, 71st District
Honorable Steve D. Nimmer Representative, 84th District
Honorable Bobby W. Johnson Representative, 40th District
The need for the State of Georgia to formulate and execute a comprehensive and effective program designed to reduce traffic accidents has been well docu mented by the reports of this committee in past years and in particular by the report of the 1966 Governor's Traffic Safety Study Committee, as well as the many hearings conducted before the United States Congress while the 1966 National Highway Safety Act was being considered by that body. To sum up, the responsibility for the establishment and maintenance of effective highway safety programs has been left to the states within certain specified guidelines which have been established. Unless the states exercise this responsibility and make significant progress in the establishment of such programs, penalties will be exacted against the states by the means of withholding of certain Federal highway funds.
To date, standards have been adopted in 13 areas of highway safety by the U. S. Department of Transportation. There is much to be done in the State of Georgia in order that our present programs be updated and new programs be commenced in order that we can meet the goals of these 13 standards and thus insure the continuation of Federal highway funds, but, as is more important, save lives on the highways of this state. It would be impossible from a practical standpoint, as well as from the nonavailability of funds, to accomplish all that must be done by the next session of the General Assembly. However, it is essential and imperative that Georgia make significant progress in meeting these standards. In order to do so, this committee in cooperation with the Georgia Safety Council and the Greater Atlanta Traffic and Safety Council, selected eight areas in which our energies would be concentrated at the forthcoming session of the General Assembly. In order to generate the necessary public support, this committee in cooperation with the Georgia Safety Council and the Greater Atlanta Traffic and Safety Council sponsored hearings in nine of the Congressional districts of this State. Each of these meetings were well attended by the public, and the eight points and programs were thoroughly discussed and well received. These pro grams and points are discussed in detail in the appendix to this report which is a copy of a document prepared by the Georgia Safety Council and the Greater Atlanta Traffic and Safety Council for distribution and use at these meetings.
The committee has prepared legislation in each of these areas to accomplish and carry out the programs recommended in the appendix. Bills will be introduced at the 1968 Session of the General Assembly to accomplish these ends.
3628
JOURNAL OF THE HOUSE,
A particular expression of appreciation and acknowledgment for the very fine work and assistance afforded to the committee should be given to the staff and members of the Georgia Safety Council and the Greater Atlanta Traffic and Safety Council.
Respectfully submitted,
/s/ Bill Williams W. M. Williams, Chairman
GEORGIA SAFETY COUNCIL, INC. and
GREATER ATLANTA TRAFFIC & SAFETY COUNCIL, INC.
1968 LEGISLATIVE SAFETY PACKAGE Recommended by
LEGISLATIVE TRAFFIC SAFETY STUDY COMMITTEE
October 1967
INDEX Page
Driver Education ........_-----_..--_.-_...._--_._.____._._._._____._______ Implied Consent ______--_._.-_-.._.--_-...---.-.--_..._-_-_-----.----___-___--._..__.. Traffic Courts .._,,.__..........__._._.__..............._._____......._______...__________.______.____ Point System ................_..............___________...__..__....___...._..........._._______ Motorcycle Safety --..._.._._____.___-_..--....................--____.._-_______._......--_... Driver Licensing _.______.__.___--__...__.--_-.-.-___-_----..,,_--__-__._-____..__._ Radar ,,__________.......--...-........___..____..___...._.___.......___......_ Reflective License Plates --.___._.__..._......._.._._.............._..........__.___...._ October Legislative Hearings Schedule ___..___--._.--......._...._____
INTERIM COMMITTEE REPORTS
3629
ITEM I DRIVER EDUCATION
Proposal:
A. Driver education classes will be made available in every public high school in Georgia. The course will meet standards based on the National Education Association standards for driver education courses.
B. Regulations and standards will be adopted for commercial driver instruc tion companies.
Background:
A. Driver education has been established as one of the most effective tools in combating traffic accidents among young drivers. A series of studies over many areas of the country has proven this to be true. Among the most compre hensive of these was a study carried out in the state of Illinois where the records of every teen-age driver in the state (more than 516,000) were checked, and it was discovered that of the youngsters completing driver education courses, 56 of every 1,000 had been in a traffic accident while among those who had not had driver education, 111 of every 1,000 had been in a traffic accident. Similar figures are available from nearly all of the studies.
Unfortunately, driver education participation in Georgia has been quite low. A recent survey showed 37% of the state's high schools were offering driver education courses and only 16% of the eligible students were taking the course. Georgia ranks 43rd from the top among the states in the percentage of students taking driver education courses. By contrast, our neighboring state of Florida offers driver education in 83% of the schools and 79% of the students take the course, while in North Carolina 100% of the schools offer driver education and all eligible students receive the course.
The major deterrent to having driver education made available in all schools has been the potential expense, and the problem of not having enough trained instructors. Due to a special grant in 1966, a substantial number of instructors have been trained, overcoming much of this part of the problem. Rough estimates indicate that the total cost of making driver education available to every eligible student in Georgia would be approximately $4,000,000 a year. Most states in the Union have a program under which there is state financial support for driver education. Georgia is the only state in the Southeast without such a financial support program, leaving the whole burden on the local school system, explaining why so few schools offer the course.
Driver education proposals have been endorsed for the past three years by various Legislative Traffic Safety Study Committees, but each year the driver education bills have failed to come out of the legislative committee considering the program.
The need for such legislation is emphasized by the fact that during 1966, drivers 24 and under constituted 20.6% of the nation's drivers but were involved in 33.4% of the traffic accidents. One of the new federal standards for highway safety requires that in each state "there is a driver education program available to all youths of licensing age".
3630
JOURNAL OP THE HOUSE,
For driver education to be offered it is essential that it be a course of high quality instruction with qualified teachers covering that material which has been proven effective. Consequently, it is considered essential that the National Educa tion Association driver education standards be established as minimum criteria to assure uniformity and adequacy of instruction.
B. The highway safety program standard concerning driver education re quires that "commercial driving schools are licensed and commercial driving in structors are certified in accordance with specific criteria adopted by the state". Georgia presently has no such standard, but copies of reasonable regulations for commercial driving schools which are now being used in other states are available and could be easily adapted to fill Georgia's need.
Periodic inspection of the commercial driving facilities to establish the quality of the courses should be conducted by the State.
ITEM II
IMPLIED CONSENT
Proposal:
Georgia should adopt the "implied consent law" to help curb the increasing number of drunk driving accidents. To properly benefit from this law, Georgia's existing statutes should be amended to authorize the use of modern, portable breath-testing equipment and to lower the level of presumed intoxication to 10% alcohol in the blood.
Background:
Recent research shows alcohol involvement in fatal traffic accidents to be much higher than previously presumed. Until the last two or three years, accident data based on police reports had established that from 15% to 20% of all fatal traffic accidents involved driving under the influence. However, during the past few years studies over the country have been based on the actual blood content of people killed in traffic accidents, causing the National Safety Council to revise its earlier estimates and to proclaim that 50% to 60 % of all drivers in fatal acci dents have been drinking. In a recent extensive study of fatally injured drivers in California, nearly three out of five were found to have been drinking prior to the accident. Blood samples made during the past two years by the Fulton County Medical Examiner in Atlanta show nearly 70% of the fatally injured drivers tested had been drinking. This new evidence establishes drinking as the most often occurring common factor in fatal traffic accidents.
The most modern approach to driving under the influence is the "implied consent law". Twenty-seven states have now passed implied consent legislation.
Under the implied consent law every driver is deemed, upon accepting his license, to have given his consent to submitting to a tast for alcohol consumption if requested to do so by a police officer charging him with driving under the influence.
Refusal to submit to the test carries a mandatory six-month driver license revocation.
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The implied consent law has often been questioned as to its constitutionality, but this item was apparently cleared in 1966 by a United States Supreme Court Decision holding that a person could be required to give blood, breath, urine, fingerprints, etc., without infringing on constitutional freedoms. (Actually, the implied consent law does not require a person to submit to a test if he fears the evidence would be usesd against him in a criminal case, but only provides that refusal to submit results in license revocation.)
Georgia's existing law prohibiting the use of a breath test would make the implied consent law unwieldy, as facilities for drawing blood do not exist in many areas of the state. However, new, portable breath-testing equipment is available which is equally as accurate as the blood test. Several such testing devices can be carried in the individual patrol cars and the test can be administered on the scene by a police officer. The officer can make a preliminary reading on the spot within one minute and can seal a chemical tube to be sent to the crime laboratory for detailed analysis. This technique enables the officer to identify the "two-beer" drinker as well as the "heavy" drinker. He can also tell if a suspect is suffering from a medical problem rather than intoxication.
One of the most appealing side effects of the implied consent law is that it both protects the innocent and identifies the guilty.
Georgia's existing law, setting .15% alcohol as the level of intoxication, is considered antiquated and ineffective. The .10% level has been recommended in the Uniform Vehicle Code and is being adopted now in many of the states. Al though there is considerable variance in the number of drinkers required to reach .10% and .15% based mostly on the individual's weight ,scales have been developed which can offer a guide. For instance, the average 180-pound male would require approximately seven drinks within a reasonably short period of time to reach .15% and five drinks to reach .10%. A 120-pound female, on the other hand, would reach .15% after approximately five drinks in a short period of time and would reach .10% after three and one-half drinks.
The implied consent law has been introduced in Georgia for the last three years. It reached the House floor in 1966, when it lost by a vote of 89 for, to 78 against, lacking the necessary 103 majority.
The implied consent law is also one of the standards in the new federal high way safety program as is setting .10% as the level of intoxication. The federal law also provides for a blood, breath or urine test to determine the alcohol content of the blood.
ITEM III TRAFFIC COURTS
Proposal:
Georgia must strengthen its existing law to see that the provision requiring all traffic convictions to be reported to the Department of Public Safety is carried out.
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Background:
The Georgia Department of Public Safety reports that fewer than one-half of the courts trying traffic cases in the state are reporting the convictions to the Department of Public Safety. This means that many drivers are acquiring records of frequent traffic offenses which are never appearing on their official records, making them exempt from license suspension penalties which are pro vided by law and denying to traffic courts trying these people in future cases the traffic violation background of these drivers.
Actually, Georgia's present law says that all such convictions will be re ported to the Department of Public Safety, and even offers a 25^ incentive award to clerks for each violation reported. However, there is no penalty provision for cases where courts refuse to report this information, and many do refuse. The reason for this refusal is basically that the local judges say they would prefer to administer license suspensions locally rather than permitting licenses to be suspended "arbitrarily" by the Department of Public Safety. (The court report ing requirement becomes more significant when considered in connection with the next item--establishing a point system).
Undoubtedly, part of the hesitation on behalf of some courts to report their convictions is of a politically paternalistic origin. Some judges have commented that they "know the people" in their jurisdictions and wish to retain control of their constituents' driving privileges.
The highway safety program standard concerning traffic courts states that "All convictions for moving traffic violations shall be reported to the state traffic record system".
ITEM IV
POINT SYSTEM
Proposal:
A "point system" should be established in Georgia to provide a uniform and effective system of driver license suspension and revocation. Background:
Thirty-three states presently have point systems of either statutory or administrative nature. Florida, South Carolina and North Carolina are examples of bordering states with statutory point systems. The various systems vary as to the number of points awarded for different violations and the number of points requiring suspension, but they all follow the same basic pattern. The point system provides that serious driving offenses and minor driving offenses be given penalty points relative to the seriousness of the offense and that when a driver obtains a certain number of points he forfeits his driving privilege.
Typical of the manner in which point systems work is the South Carolina program. South Carolina suspends the driver license for six months if a driver obtains 12 points within a twelve-month period. Such offenses as reckless driving, hit and run and passing a stopped school bus, draw six points; while speeding,
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running traffic signals or stop signs, and unlawful passing, are given four points; and illegal lane changing, failure to signal, following too closely, and similar offenses are given two points.
Georgia today requires a thirty-day license suspension (for which a license can be returned in ten days) whenever a driver has two moving violations within a six-month period. However, because of administrative and personnel limita tions, in only a portion of the cases of two reported violations are licenses actually suspended. The determination of whether or not to suspend is made by Department of Public Safety personnel who attempt to weigh the seriousness of
the two offenses.
The obvious advantages to having a point system which spells out rules and regulations for license suspension is that drivers will know exactly where they stand in relation to having their driving privilege suspended and that the severity of the penalty is in keeping with the severity of the offense. (When a point system is combined with mandatory conviction reporting, Item III, certainty and equality of punishment result).
ITEM V
MOTORCYCLE SAFETY
Proposal:
A. Legislation is necessary to require that motorcycle operators in Georgia pass a special license examination to operate motorcycles, requiring proof of knowledge and ability to handle the vehicle.
B. Special equipment including an eye protector for the driver, a foot-rest for the second passenger, and a rear-view mirror should be required for all motor cycles.
Background:
A. The number of motorcycles in the United States increased from 575,500 in 1960 to 1,914,700 in 1966. During this period the number of motorcycle deaths jumped from 731 to 2,160.
The above figures represent the sharpest increase in number of vehicles and traffic fatalities in a type of vehicle ever experienced in this country. It is due primarily to the tremendous increase in the light-weight foreign motorcycles. The rapid growth in motorcycles caught the nation unprepared and with antiquated statutes which cannot cope with the problem.
One of the chief difficulties is the fact that all licensed vehicle operators in Georgia are licensed to drive motorcycles as well as automobiles. Many motor cycle operators, particularly with rental motorcycles readily available, are begin ning to ride motorcycles with no training and without knowledge of how to prop erly handle the vehicle.
Some of the increase in motorcycle deaths can be directly attributed to this lack of knowledge and ability. In one extreme case in Atlanta last year, a young-
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ster who rented a light-weight motorcycle was shown only how to start it, and according to testimony of a passenger who jumped off, was killed shouting for someone to tell him to to make it stop.
Under this proposal, a special written test and a special road test would have to be passed by those seeking a license to operate a motorcyle.
It is important that the age for licensing operators of motorcyclles, no matter what the size or weight of the motorcycle, should not be lowered below the present age of 16.
B. Georgia was fortunate to be the first state in the nation to adopt a law requiring motorcycle operators to wear protective headgear. New research on motorcycle safety equipment has indicated a need for expanding this motorcycle safety equipment to include an eye protector for the operator, a foot rest for each passenger and a rear view mirror.
Both the special operators examination and the safety equipment above are included as part of the standards which should be met to conform to the National Highway Safety Act of 1966.
ITEM VI
Proposal:
A. A driver must show proficiency to operate each general type of vehicle he is licensed to drive. This should include (a) two-wheeled vehicles, (b) auto mobiles, (c) van trucks, and (d) tractor-trailer units.
B. Each driver in the state must be re-examined for his license every four years. The re-examination would include at least a written and physical exami nation.
Background:
A. As indicated in the motorcycle license proposal, Georgia now permits operation of all vehicles on one license. Although operators of large trucking units must show proficiency to engage in commercial operations, there are no such restrictions on those who might operate these units for their own use.
A recommendation in the national highway safety standard would have each driver obtain one license which would identify the type or types of vehicles he is authorized to drive.
A test to show knowledge and proficiency for each type of vehicle should be required.
B. It is unquestionable that hundreds, perhaps thousands, of licensed motor vehicle operators in Georgia, are not currently physically able to operate a vehicle safely. Hundreds of thousands of the older drivers obtained their original licenses without being required to show any knowledge or ability, and have managed to
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retain their licenses until the present time. In addition, Georgia is in the unique position of being the only state which offers a lifetime driver license.
Modern traffic safety thinking advances the idea that it is even more im portant to periodically re-examine the driver than to periodically re-examine the vehicle.
The driver re-examination proposal would afford drivers an opportunity to brush upon the latest equipment, signs, signals, markings, traffic laws and new driving techniques. It would also provide a means of identifying the driver who is physically impaired and constitutes a hazard to others on the highways.
As in many of the items above, the new National Highway Safety Act pro vides for periodic driver re-examination. It specifies that the license applicant "is re-examined at an interval not to exceed four years, for at least visual acuity and knowledge of rules of the road".
ITEM VII
RADAR
Proposal:
Georgia cities and counties should be permitted to use radar to enforce speeding regulations in the same manner as the cities and counties in the rest of the nation.
Background:
Due to "speed traps" being operated in some Georgia communities, in 1962 the General Assembly withdrew from Georgia cities and counties the right to use radar to enforce speeding. At that time a National Safety Council official declared that this action alone could cause an increase of up to 100 traffic deaths a year in Georgia. Coincidentially or not, this marked the beginning of Georgia's stair stepping increase in traffic fatalities. During the 12 years prior to 1962, Georgia's traffic deaths had remained reasonably constant despite a steady increase in the number of motor vehicles. The deaths fluctuated between 905 and 1,138 during this twelve-year period. Actually, the death rate per 100,000,000 vehicle miles traveled in Georgia dropped from 9.1 in 1950, to 5,9 in 1961. However, since early 1962 and the end of radar speeding enforcement, the number of deaths has climbed steadily from 1,011 to 1,603 in 1966, while the death rate per 100,000,000 miles of travel has reversed its downward trend and has risen to 6.7 in 1966.
Bills have been introduced in the legislature to undo the radar restriction for the past three sessions. The proposal to retain radar finally passed the legislature in 1967, but it was vetoed by the Governor.
The bill which was passed provided safeguards against speed-trap abuse including a requirement that radar could only be used on streets where the Divi sion of Traffic Engineering and Safety of the State Highway Department has prescribed the safe speed limit, and that a case could not be made for fewer than ten miles per hour over the posted speed limit; that the radar units must
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mechanically stamp the speed the vehicle was traveling on the ticket; that the city or county must erect signs proclaiming radar to be in use not less than 500 feet from their jurisdictions and at least 300 feet away from any change in speed limits; that radar could not be used within 300 feet of a reduction in speed limits in a city, or within one-half mile of a speed reduction outside city limits, or within 30 days following a reduction in speed limits in the area, or on a grade in excess of seven percent. If all other safety devices failed, a board composed of the Governor, the Secretary of State and the Attorney General were entitled to remove the right to use radar from any city or county.
In addition to other problems imposed on cities and counties, enforcement officials testify that the radar ban gives a psychological incentive to those drivers who would flagrantly speed. They state that the only incentive to using radar to enforce speeding is to get behind the speeding vehicle in a marked police vehicle and attempt to "clock" the speed of the front vehicle. Habitual and excessive speeders have learned that a constant eye in the rear view mirror assures them immunity from enforcement, whereas a driver with a less guilty conscience is more prone not to observe a police vehicle following him and is more likely to be ticketed.
It has been the conclusion of the past four Legislative Traffic Safety Study Committees that the return of radar to enforcement officers is vital to an effective highway safety program.
ITEM VIII
REFLECTIVE LICENSE PLATES
Proposal:
Georgia should adopt a fully reflectorized license plate to help reduce rearend collisions.
Background:
A series of studies on the use of reflective license plates shows a substantial reduction in the number of rear-end collisions at night where the reflectorized tags are used. Among those most often cited is a study by the Iowa Department of Public Safety showing that vehicles with reflective tags had 79% fewer nighttime rear-end accidents than vehicles without reflective tags. The Traffic Division of the Maine State Patrol compared rural accidents with parked cars after dark before and after the state began using reflectorized tags and found an 80% reduction.
There seems to be little question as to the validity of the contention that the fully reflectorized tags will reduce night-time rear-end collisions, particularly with parked cars.
A bill to provide reflectorized tags was introduced in 1967, was approved by the House Motor Vehicles Committee, but did not come before the full House for action. Apparently the major factor was cost. Preliminary studies indicate that the Georgia Prison System license tag production facilities could be converted to produce reflectorized tags. Therefore, the major cost increase would be in actual
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cost of materials. The reflectorized tags likely would cost from 25^ to 28^ each. This would be a little less than double the cost of the current tag. However, the potential reduction in rear-end collisions would quickly offset the increased production costs. Many states solve the cost problem by using a four or five year
reflective tag.
OCTOBER LEGISLATIVE SAFETY HEARINGS SCHEDULE
Date
Time Town
Place
October 2, 1967 10 A.M. Augusta
City Court Room, City Hall
October 3, 1967 10 A.M. Savannah, Ga. Chamber of Commerce Building
October 4, 1967 10 A.M. Waycross, Ga. Ware County Court House
October 5, 1967 10 A.M. Albany, Ga. Elks Club
October 6, 1967 10 A.M. Columbus, Ga. County Commissioners Room, Court House
October 9, 1967 10 A.M. Rome, Ga.
Georgia Power Company, Community Room
October 10, 1967 10 A.M. Gainesville, Ga. Hall County Court House
October 11, 1967 10 A.M. Macon, Ga.
Court Room, Bibb County Court House
October 12, 1967 10 A.M. Atlanta, Ga.
State Capitol (House of Representatives Hall)
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 SPECIAL STUDY COMMITTEE ON THE UNIVERSITY SYSTEM OF GEORGIA
(House Resolution No. 3)
THE COMMITTEE
Honorable Leon Farmer, Jr. Representative, 29th District Chairman
Honorable Anthony Wallace Cato Representative, 89th District
Honorable Gerald H. Leonard Representative, 3rd District
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REPORT OF THE SPECIAL STUDY COMMITTEE ON THE UNIVERSITY SYSTEM OF GEORGIA
(House Resolution No. 3)
INTRODUCTION
The Special Study Committee on the University System of Georgia was appointed by the Speaker of the House of Representatives pursuant to the au thority vested in him under House Resolution No. 3. The Speaker appointed the following members to the Committee:
Honorable Leon Farmer, Jr. Representative, 29th District
Honorable Anthony Wallace Cato Representative, 89th District
Honorable Gerald H. Leonard Representative, 3rd District
Representative Leon Farmer, Jr., was appointed Chairman of the Committee by the Speaker.
The Committee divided its study into three areas as follows:
(a) The University System of Georgia
(b) The Two-Year Associate Degree Nursing Programs
(c) The Georgia College Council.
FINDINGS AND RECOMMENDATIONS
The University System of Georgia
Findings
The University System includes all of the state-operated institutions of higher education in Georgia. In the 1967-68 fiscal year, there are twenty-four colleges and universities in operation in the System; three additional colleges, all of them junior colleges authorized by the Board of Regents in June, 1965, are in various stages of construction, planning, or study.
The colleges and universities of the System provide instruction, research, and service programs aimed at serving the needs of all people of the State.
A 15-member constitutional Board of Regents governs the University System. Members of the Board of Regents, who serve seven-year terms, are appointed by the Governor; their appointments are subject to confirmation by the State Senate.
The Board has the responsibility for all aspects of operation and development of the University System and its institutions. This includes anticipating the
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State's needs in higher education and providing to the institutions the facilities and other resources needed to meet these needs.
The Board requests from the legislature sufficient funds for operation of the entire System, and judiciously allocates the State funds to institutions to achieve maximum return on each dollar invested.
Among the principal powers of the Board are the establishment and organi zation of institutions of higher education; the employment of all personnel for the institutions; the consolidation, suspension, or discontinuance of institutions; the merger of departments; the inauguration or discontinuance of courses; and the abolition or addition of degrees.
The Board includes five members from the State-at-large and one member from each of the ten congressional districts. Two members of the Board are appointed each year; three members are appointed one year during each sevenyear period.
Regular meetings of the Board are held monthly, usually at the Board's central office in Atlanta, but occasionally on campuses of the institutions of the System. Special meetings of the Board are called as required for the transaction of business.
The regular meetings are held on the second Wednesday of each month; the bylaws provide for meetings of standing committees of the Board to be held on the day immediately preceding each regular meeting.
Officers are the chairman and the vice chairman, who are Board members; and the chancellor, executive secretary, and the treasurer, who are not Board members. All officers except the chancellor are elected in March, and serve for one year beginning in July; the chancellor serves at the pleasure of the Board.
The chairman presides at all meetings; appoints all committees of the Board and designates the chairman of each committee; and serves as an ex officio mem ber of all committees, with power to vote. He executes all contracts, deeds, notes, bonds and other documents requiring the seal. He submits an annual report of the Board to the Governor.
The chancellor is the chief executive officer of the Board of Regents and the chief administrative officer of the University System. He has broad discretionary power for executing the resolutions, policies, and rules and regulations adopted by the Board for the governing of the entire University System.
The chancellor is the medium through which all matters are presented to the Board or to the committees of the Board, including recommendations, reports, and suggestions from institutions, their faculty members, employees and students. It is his responsibility to make recommendations on matters presented to the Board from institutions in the University System; he recommends the election of new presidents of institutions of the System.
He is a member of all faculties in the University System, and is a nonvoting ex officio member of all committees. He is responsible for the preparation for the Board of a suggested annual allocation of state appropriations to the institu-
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tions of the System. He also confers with presidents of the institutions in the preparation of institutional budgets to be submitted, with his recommendation, for action by the Board.
Twenty-four institutions are in operation in the University System in 1967-68.
--Four universities and colleges provide programs leading to degrees in three categories: bachelor's, master's, and doctor's.
--Six senior colleges provide programs leading to degrees in two categories: bachelor's and master's.
--Six senior colleges provide programs leading to degrees in one category: bachelor's.
(Some of these institutions that grant baccalaureate or higher degrees also provide programs leading to two-year associate degrees)
--Eight junior colleges provide programs leading to two-year associate degrees.
The geographically dispersed institutions in the System provide higher edu cation that is conveniently available to the people of the State; approximately nine out of every ten Georgians reside within thirty-five miles of at least one of the institutions now in operation or in planning and developmental stages.
The degree programs range from the two-year associate degrees in nursing and in many other fields through doctor's degrees, including the Ph.D., M.D., Ed.D., D.B.A., D.M.D., and D.V.M.
It is the responsibility of the System and its institutions to provide oppor tunities for all citizens to achieve the highest possible level of self-development, and to produce doctors, lawyers, colleges and public school teachers, scientists, business and industry specialists, economists, engineers, and graduates for all
other segments of society in Georgia and in the Nation.
The fall quarter enrollment in the University System increased from 30,686 students in 1960 to 67,687 students in 1967. Approximately 90,000 students are expected in 1970.
UNIVERSITIES AND COLLEGES GRANTING BACHELOR'S, MASTER'S, AND DOCTOR'S DEGREES
University of Georgia, Athens Georgia Institute of Technology, Atlanta. Georgia State College, Atlanta. Medical College of Georgia, Augusta.
The University of Georgia, the Georgia Institute of Technology, and Georgia State College admit students from the freshmen level through the graduate level. The Medical College of Georgia admits freshmen only in nursing; all other stu-
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dents seeking degrees must have at least two years of college before being admitted.
The universities--the University of Georgia and the Georgia Institute of Technology--while carrying on large undergraduate programs, also offer the majority of doctoral programs and other advanced degrees available in the Uni versity System. These two institutions also conduct the majority of research and statewide continuing education-service programs.
The universities have special responsibilities not assigned to any other insti tutions in the System. Each of them in its characteristic way offers programs, particularly a substantial number of doctoral, professional, and master's pro grams, which are not offered elsewhere in the System--i.e., law, pharmacy, veterinary, medicine, agriculture and social work at the University of Georgia; engineering at the Georgia Institute of Technology; and comprehensive research and state wide service programs at both institutions.
On the major functions of the universities is to provide an opportunity for students graduating from other colleges in the System to transfer for work toward advanced degrees.
Each of the universities is a high-level resource for all segments of educa tion, including the other colleges, as well as for business, industry and other segments of society.
The quality of education at the universities has a far-reaching effect upon the quality of all higher education in the System.
University of Georgia
The University of Georgia offers a large number of undergraduate and graduate programs in a wide range of subject areas, through twelve Colleges and Schools. The Colleges are Agriculture, Arts and Sciences, Business Administra tion, Education. The Schools are: the Graduate School, Forestry, Home Eco nomics, Journalism, Law, Pharmacy, Social Work, and Veterinary Medicine.
In addition to providing instruction and general research in the Colleges and Schools, the University conducts three major institution-related programs.
--The Continuing Education Center offers college credit work through cor respondence courses and through off-campus Extension Centers, in several com munities in different sections of the State; it also conducts noncredit conferences, seminars, and other group activities in the Center building on the University Campus.
--The Agricultural Experiment Stations conduct agricultural research at three main stations and at eleven other stations located throughout the State.
--The Agricultural Extension Service conducts extensive off-campus educa tional programs in agriculture, home economics, and youth development. It is the service "arm" for the University and an education "arm" for the United States Department of Agriculture.
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Georgia Institute of Technology
The Georgia Institute of Technology offers a large number of undergraduate and graduate programs within the broad field of technological education, including the areas of engineering, science, architecture, and management.
There are eighteen Schools: Aerospace Engineering, Applied Biology, Archi tecture, Ceramic Engineering, Chemical Engineering, Chemistry, Civil Engineer ing, Electrical Engineering, Engineering Mechanics, Industrial Engineering, In dustrial Management, Information Science, Mathematics, Mechanical Engineering, Nuclear Engineering, Physics, Psychology and Textiles.
In addition to providing instruction in the Schools, the Institute conducts two major institution-related programs.
--The Engineering Experiment Station provides engineering and industrial research for the development and utilization of the resources of the State. Among the major programs under the Station is the Industrial Development Division, which directs efforts toward the growth of new industries and the strengthening of existing industries in the State.
--The Engineering Extension Division conducts both on-campus and offcampus programs in industrial training. The scope of the work includes special ized programs in adult education; two-year programs (at Southern Technical Institute, Marietta) to train engineering technicians; short courses; conferences; and a program in trade and industrial education within industries.
Medical College of Georgia
The Medical College of Georgia is a professional institution, concentrating in medicine and allied health fields. It offers the bachelor's degree, the master's degree, and the doctor's degree, (Ph.D.) in medicine-allied fields; the doctor's degree (M.D.) in medicine; and, beginning in 1969, the doctor's degree (D.M.D.) in dentistry.
There are five Schools: Medicine, Dentistry, Graduate Studies, Nursing, and Allied Health Sciences. The newest School, authorized by the Board of Regents in December, 1967, includes the Departments of Medical Record Sciences, Medical Technology, Medical Illustration, Radiologic Technology, and Dental Hygiene.
In addition to instruction and research conducted in the Schools, the Medical College programs include one major institution-related program, the Eugene Talmadge Memorial Hospital. The Talmadge Hospital is the teaching hospital for the College. It also provides in-patient and out-patient medical services; patients are referred from throughout the State.
Georgia State College
Georgia State College, fundamentally a liberal arts senior college, offers bachelor's and master's degrees in several fields, and doctor's degrees in two fields (business administration and psychology).
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There are six Schools: Allied Health Sciences, Arts and Sciences, Business Administration, Education, General Studies, and Special Studies.
The School of Business Administration is an education and resource center for business in Atlanta, in Georgia, and in the South.
The two newest Schools are Education and Allied Health Sciences.
The School of Education, authorized by the Board of Regents in January, 1967, and now being implemented, will open the way for the institution to offer the doctor's degree in education.
The School of Allied Health Sciences, authorized in October, 1967, is scheduled to begin operation in July, 1968. It will offer baccalaureate and associate de grees. Pour baccalaureate degrees are already authorized--in nursing, medical technology, occupational therapy, and physical therapy.
Baccalaureate and associate degrees in urban affairs have been authorized, and programs to implement these degrees are being developed.
A committee of representatives for Georgia State College and other insti tutions of higher education in the State, appointed by the chancellor, is currently conducting an exhaustive study to determine the extent of need for additional programs at Georgia State. The areas being examined include doctoral programs; professional programs, particularly in the new School of Allied Health Sciences; and service programs, particularly those relating to urban life in the Atlanta area.
All students commute daily. The full range of college credit programs offered during the day is also offered at night.
The research program, while not so extensive as the research programs of the other three doctoral institutions, has grown rapidly in recent years.
A substantial program of continuing education, including seminars, con ferences, and short courses, is provided.
SENIOR COLLEGES
There are twelve senior colleges, located in all sections of the State. One of these, Columbus College, is still in transition from junior college to senior college status.
All of these institutions are liberal arts colleges fundamentally; some of their programs also provide specialization outside the traditional liberal arts curricula. All of them provide teacher education programs as a part of their curricula.
All of the twelve senior colleges offer programs leading to bachelor's degrees. Six of them also offer master's degrees--primarily, but not exclusively, in teacher education.
In all of the senior colleges, students may receive a four-year liberal arts education that will prepare them to enter professional schools or graduate
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schools, or to go immediately into employment in business, industry, government, or dozens of other fields.
In addition to the large numbers of students who enter as freshmen, the student bodies of the senior colleges include many students who transfer from the University System's junior colleges and other colleges.
The development of continually increased strength in the senior colleges throughout the State has been necessary for the University System to accommo date the rapidly increasing numbers of students seeking baccalaureate degrees. A large part of the college students in Georgia still seek a four-year liberal arts education, as the main objective of their college education or as preparation for subsequent specialization.
The senior colleges have helped to make possible the orderly, and rather rapid growth of junior colleges; the expansion of the senior colleges and the continued improvement of quality of programs offered have insured opportunities for students in junior colleges to transfer after the sophomore year to seek bacca laureate degrees. The opportunities for transfer are not provided only by senior colleges; these institutions, however, have provided a very large share of the opportunities.
The expansions and improvements at the senior colleges have enabled these institutions to accommodate large numbers of students who otherwise would have been dependent upon the universities for undergraduate education. By pro viding greatly increased opportunities for students to receive high quality college education through at least the baccalaureate degree, the senior colleges have helped the universities to devote an increasing proportion of their resources to graduate work, research, and services which only university-oriented institutions can handle.
The senior colleges and categories of degrees offered are as follows:
Fort Valley State College, Fort Valley--bachelor's and master's degrees.
Georgia College at Milledgeville--bachelor's and master's degrees.
Georgia Southern College, Statesboro--bachelor's and master's degrees.
Valdosta State College, Valdosta--bachelor's and master's degrees.
West Georgia College, Carrollton--bachelor's and master's degrees.
Savannah State College, Savannah--bachelor's and master's degrees; the master's degree will become effective in the summer quarter, 1968.
Albany State College, Albany--bachelor's degrees.
Armstrong State College, Savannah--bachelor's degrees.
Augusta College, Augusta--bachelor's degrees.
Columbus College, Columbus (transition)--bachelor's degrees.
Georgia Southwestern College, Americus--bachelor's degrees.
North Georgia College, Dahlonega--bachelor's degrees.
All of the senior colleges provide on-campus housing, except Augusta College, Armstrong State College, and Columbus College.
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JUNIOR COLLEGES
Eight junior colleges are in operation in the University System. These twoyear institutions offer two-year associate degrees and one-year certificates.
The curricula of the junior colleges are comprised primarily of college parallel programs designed for students who plan to transfer after the sophomore year to seek baccalaureate degrees. Students completing the two-year parallel
programs receive associate degrees.
(A core curriculum adopted in 1967 for all University System institutions facilitates the transfer of freshman and sophomore credit among all of the insti tutions; all freshman and sophomore credit earned under the core curriculum at any institution in the System may be transferred to any other institution in the System. While the transfer of credit under this new plan is of particularly wide application to students transferring from junior colleges, it is also applicable to students earning freshman and sophomore credit in senior colleges and uni versities).
The junior colleges also offer career (terminal) programs, to prepare stu dents to begin work after one year or two years of college. Students completing the career programs receive associate degrees or certificates.
The career programs are typically two years in length and are comprised of one year of regular freshman and sophomore work and one year of specialized or clinical instruction.
Some of the major career programs are accounting; general business; agri culture; agricultural equipment technology; secretarial science; nursing; police science; distributive education; applied technology in chemical technology; home economics; and dental hygiene.
The junior colleges, like all other institutions in the University System offer community-oriented programs of noncredit continuing education and cultural enrichment.
The three junior colleges providing on-campus housing for students are as follows:
Abraham Baldwin Agricultural College, Tifton. Middle Georgia College, Cochran. South Georgia College, Douglas. The five junior colleges without on-campus housing, all of which have been opened during the past three years, are as follows: Albany Junior College, Albany. Brunswick Junior College, Brunswick. Dalton Junior College, Dalton. Gainesville Junior College, Gainesville. Kennesaw Junior College Marietta.
364G
JOURNAL OF THE HOUSE,
FUTURE JUNIOR COLLEGES
Three additional junior colleges authorized by the Board of Regents, and now in various stages of planning or development, are as follows:
Bibb County--Macon, which will open in the fall of 1968.
Clayton County--Morrow, which will open in the fall of 1969.
Fulton County--Atlanta, which is under study.
All three of these authorized junior colleges will be constructed without on-campus housing for students.
The University System organization is conducive to effective and economical operation. The colleges and universities function well as a unified system in providing the instructional, research, and service programs needed in the State, to the extent of available resources.
Recommendations
The Committee has no specific recommendations for the improvement of the System.
The Two-Year Associate Degree Nursing Programs
Findings
The committee has studied most thoroughly the two-year associate degree college program for training registered nurses. This study included a review of the development of these two-year programs naturally and a more intensive study of these programs in Florida and Georgia.
The first two-year programs for training registered nurses were started as a cooperative research project in 1952 under the leadership of Columbia Uni versity. This project was financed with a grant from an anonymous donor. This pilot project initially involved establishing five two-year programs to determine whether or not competent nurses could be trained in a two-year college program. The project demonstrated conclusively that competent nurses can be trained in a two-year college program and represented the first major advance in curriculum for training nurses in twenty-five years.
From this meager beginning of five programs in 1952, the number of pro grams in the Nation has increased phenomenally. The latest figures available reveal that by the end of 1966 there were approximately 220 two-year nursing programs operating in forty of the fifty states and in Puerto Rico, Guam and the American Virgin Islands.
The development of two-year nursing programs in Georgia followed a report to the Board of Regents in September, 1965 by University System committee. This committee had been commissioned by the Chancellor to study nursing education in the Nation and to make recommendations for the expansion of nursing pro-
INTERIM COMMITTEE REPORTS
3647
grams in the University System of Georgia. One of the principal recommendations of this committee was that two-year associate degree programs be established in Georgia colleges.
The work and study of this committee was enhanced by the counsel of the major health agencies and organizations in the State. As a result of this joint effort, the two-year college program was endorsed by the following agencies and organizations:
Georgia State Nurses Association Board of Examiners of Nurses for Georgia Georgia Hospital Association Medical Association of Georgia Joint Council of the Four Nursing Boards of Georgia Joint Council on Paramedical Education Department of Public Health of Georgia Council of Directors of Schools of Nursing
With the endorsement of these interested parties, The Board of Regents authorized the Chancellor to request a change in Georgia Code of 1933, Section 84-1008, to permit the graduates of two-year associate degree nursing programs to take the examination of the State Board of Examiners of Nurses and become registered nurses. The Georgia General Assembly of 1966 passed an amendment to this effect which was signed into law in March, 1966.
Following the enactment of legislation permitting graduates of two-year nursing programs to become registered nurses, the Chancellor of the University System of Georgia established a University System Committee on Nursing Edu cation to assist institutions in developing and maintaining quality programs and to serve in an advisory capacity to the Chancellor and to the Board of Regents on matters pertaining to nursing education.
In September, 1966 the first new two-year associate degree nursing program was established at Armstrong State College, Savannah, Georgia, and an existing three-year program at Abraham Baldwin Agricultural College, Tifton, Georgia, was converted into a two-year program. Two additional two-year programs were opened in September, 1967 at Brunswick Junior College, Brunswick, Georgia, and Columbus College, Columbus, Georgia, and an existing three-year program at Georgia Southwestern College, Americus, Georgia, was converted to a two-year program, bringing to five the number of two-year associate degree programs in operation. These five programs admitted and enrolled 300 entering freshman students in September of 1967.
The Board of Regents has authorized the opening of seven additional twoyear programs which are projected to open in September, 1968 at the following institutions:
Albany Junior College, Albany, Georgia. Augusta College, Augusta, Georgia.
3648
JOURNAL OF THE HOUSE,
Dalton Junior College, Dalton, Georgia. Georgia College at Milledgeville, Milledgeville, Georgia. Georgia State College, Atlanta, Georgia. Kennesaw Junior College, Marietta, Georgia. South Georgia College, Douglas, Georgia.
In recognition of the need to produce teachers for these two-year programs, the Board of Regents has authorized the development of a master's degree pro gram for nurses at the Medical College of Georgia, Augusta, Georgia, and the development of two new bachelor degree nursing programs at Georgia State College, Atlanta, Georgia, and at Valdosta State College, Valdosta, Georgia.
The objective of the two-year associate degree program in nursing is to prepare graduates to give patient-centered nursing care in beginning general duty nursing positions. The curriculum of this program is a judicious mixture of basic sciences, humanities, and practical instruction and experience in hospitals. A high proportion of the instruction takes place in patient care areas of hospitals. The instruction is intensive and is patient care oriented.
Reports on a national level and for the State of Florida reveal that graduates of two-year associate degree nursing programs perform as well on the national examination for the registration of nurses as do graduates of other types of programs. In Florida, where two-year programs have been operating for a number
of years, it is reported that the majority of hospital administrators and nursing supervisors are well satisfied with graduates of these programs. Graduates of these programs seemingly perform nursing duties as well as graduates of other types of programs with proper orientation to the specific hospital in which they accept initial employment.
It is the opinion of this committee that the two-year associate degree nursing program is a sound program that requires a well-qualified faculty, that these programs do prepare students to give patient-centered nursing care, and that the graduates of these programs are able to perform at a satisfactory level both on the national examination given to all graduate nurses and on the job.
Recommendations
1. That in view of the critical need for nurses in the State of Georgia, new two-year associate degree nursing programs be made conveniently available to the citizens of the State as quickly as possible.
2. That the development of two-year programs for training nurses proceed only as rapidly as well-qualified faculty can be employed to teach in these pro grams.
3. That the development and expansion of programs to train faculty for the two-year programs proceed as rapidly as possible.
4. That further study be made of the need and training opportunities for other allied health personnel.
INTERIM COMMITTEE REPORTS
3649
The Georgia College Council Findings
The committee has studied most carefully the question of creating a Georgia College Council as an agency of the State of Georgia, said agency proposed as an organization representative of college students through which the views of college students may be expressed to the Board of Regents, the Georgia General Assembly, the Governor of Georgia and other state agencies. The study of this matter has reavealed the following findings:
1. All public colleges in Georgia have well established and effectively func tioning student government organizations (Student Council, Student Congress, Student Senate). These student organizations serve as liaison agencies between students and the faculty and administration of the college and provide the channels of communication through which recommendations and other communications are made.
2. Many colleges, in addition to the student government organizations, have faculty-student committees and advisory councils or committees organized spe cifically to serve in an advisory capacity to the faculty and administration.
3. Students serve on many institutional faculty-administered committees.
4. Policies of the Board of Regents provide channel through which individuals and groups of students may communicate with the Board.
5. Student groups meet periodically with the Board of Regents to exchange ideas and make suggestions and recommendations.
6. There already exists in Georgia a State unit of the Southern Universities Student Government Association. This association meets annually and has repre sentatives of all public and private colleges in Georgia.
7. There is seemingly limited interest on the part of students in additional organizations which would tend to duplicate those in existence and functioning.
Recommendations
In view of the fact that well organized, highly respected student organizations already exist on our college campuses; that adequate and fully open channels of communication between students and the faculty, college administrators, the Board of Regents, and other State officials are presently functioning satisfac torily; that there is seemingly little interest on the part of students in additional student organizations similar to those existing, and that the establishment of an additional student organization would tend to duplicate, detract from and im pair the effectiveness of existing student organizations and would establish dual and potentially conflicting channels of communications between students and officials of the institutions and the State. It is the recommendation of this com mittee that the existing student organizations and channels of communication for college students be utilized for the aforementioned purposes and that no dual system of student organization be established in Georgia.
3650
JOURNAL OF THE HOUSE,
ACKNOWLEDGMENTS
The Committee wishes to express its appreciation to the personnel of the various schools and institutions visited for the cooperation and cordial reception given to its members.
Respectfully submitted,
/s/ Leon Farmer, Jr. Leon Farmer, Jr. Representative, 29th District Chairman
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
INTERIM REPORT OF THE JOINT COMMITTEE TO STUDY WORKMEN'S COMPENSATION LAWS
(House Resolution No. 228)
THE COMMITTEE
SENATE
HOUSE
Honorary A. W. Holloway, Chairman Senator, 12th District
Honorable William J. Lee, Jr., Vice-Chairman
Representative, 35th District
Honorable H. McKinley, Conway, Jr. Honorable Emory L. Rowland
Senator, 41st District
Representative, 48th District
Honorable Billy Shaw Abney Senator, 53rd District
Honorable Tom C. Palmer, Jr. Representative, 117th District
Honorable J. Battle Hall Senator, 52nd District
Honorable Claude A. Bray, Jr. Representative, 43rd District
Honorable Dan I. Maclntyre, III Senator, 40th District
Honorable Joseph A. Battle Representative, 116th District
December 1967
INTERIM REPORT OF THE JOINT COMMITTEE TO STUDY WORKMEN'S COMPENSATION LAWS
(House Resolution No. 228) PRELUDE
The Committee to Study the Georgia Workmen's Compensation Laws was created pursuant to House Resolution No. 228. The following members were ap pointed to the Committee:
INTERIM COMMITTEE REPORTS
3651
From the Senate: Honorable A. W. Holloway, 12th District; Honorable H. McKinley Conway, 41st District; Honorable Billy Shaw Abney, 63rd District; Honorable J. Battle Hall, 52nd District; and Honorable Dan I. Maclntyre, III, 40th District.
From the House: Honorable William J. Lee, 35th District; Honorable Emory L. Rowland, 48th District; Honorable Tom C. Palmer, 117th District; Honorable Claude A. Bray, Jr., 43rd District; and Honorable Joseph A. Battle, 116th District.
Honorable A. W. Holloway, Senator, 12th District, was elected Chairman of the Committee; Honorable William J. Lee, Representative, 35th District, was elected Vice-Chairman of the Committee.
During the 1966 session of the General Assembly, two interim study com mittees were created to study the workmen's compensation laws of Georgia:
(1) The House Workmen's Compensation Study Committee (HR 384) and (2) The Workmen's Compensation Study Committee (HR 337). The two Com mittees studied in depth the problems facing the laws dealing with workmen's compensation and concluded, in a joint report, that:
"A resolution should be adopted at the 1967 regular session of the General Assembly which would authorize the rewriting and revision of the Workmen's Compensation Laws of the State of Georgia."
As a result of this report, the Joint Committee to Study the Georgia Work men's Compensation Laws was created to study the complete revision and re writing of the Workmen's Compensation Laws of Georgia.
INTRODUCTION
It became apparent after several meetings of the Committee, that due to time limitations, the dedicated efforts of the members would not result in a complete revision of the workmen's compensation laws by the 1968 session of the General Assembly. All the members felt that workmen's compensation benefits needed to be increased. Since HB 80 dealt with increased benefits, it was felt to be necessary to amend the bill to make it compatible to both labor and management. HB 80 was introduced in the 1967 session of the General Assembly by Messrs. Lee of the 35th, Pickard of the 112th, Westlake of the 119th, Moore of the 12th, and Wood of the 16th.
Upon completing the analysis of HB 80, the Committee invited representatives of labor and management to present their views on the changes that should be made to the bill. Labor's views were strongly opposed to the views of management. Persuasive arguments, statistics and rebuttals were presented by each side. Upon completion of the presentations, the Committee members, with the aid of Roscoe Lowery, Chairman of the State Board of Workmen's Compensation, studied in depth the materials presented by the representatives of labor and management.
On November 24, the Committee met and voted upon the various sections of House Bill 80.
3652
JOURNAL OF THE HOUSE,
RECOMMENDED CHANGES IN HOUSE BILL 80
(1) The Committee voted to strike Section 1 of House Bill 80. This section re-defined "injury" and "personal injury" so as not to include heart disease or any other disease of the circulatory system, commonly known as heart attack, stroke, cerebral hemorrhage, thrombosis, epilepsy or diabetic seizure, unless it first be shown by a preponderance of competent and creditable evidence that such condition was the proximate result of extraordinary exertion normally engaged in by the employee in the course of his employment.
Section 1 of House Bill 80 was intended to increase the quantum of evidence, from a scintilla to a preponderance, before an employee could claim compensation for a heart attack. Had Section 1 remained in the bill, and had it been enacted, the amount of evidence required to carry the burden of proof would have been the same as is required in a civil suit: that amount of evidence that will incline a reasonable mind one way as opposed to another. A scintilla of evidence is the smallest amount of evidence that can be imagined--it is little more than no
evidence at all.
Court construction of the quantum of evidence required in heart cases has long been the subject of emotional concern to labor and management. It was felt by the Committee that this emotional concern and controversy had to be elimi nated from House Bill 80, since this emotional concern, of itself, could result in powerful lobbying so that passage of the Bill would be doubtful. It was, for this reason, deleted from House Bill 80.
(2) Section 2 of House Bill 80 sought to increase maximum weekly benefits for total incapacity from $37 per week to $45 per week, and maximum total com pensation was increased from $12,500 to $14,500. The Committee increased the maximum weekly benefits for total incapacity to $50 and the maximum total benefits to $18,000. The Committee's changes were made after careful considera tion of other states' laws and local needs.
(3) Section 3 of House Bill 80 sought to increase maximum benefits for partial incapacity from $30 per week to $36 per week, and maximum total benefits for partial incapacity from $9,000 to $11,000. The Committee voted to increase maximum weekly benefits to $39 and maximum total benefits to $12,000.
(4) Section 4 of House Bill 80 sought to pay dependents of deceased em ployees who died as a result of on-the-job injury a maximum of $14,500. The Committee increased the maximum to $18,000.
(5) Section 5 of House Bill 80 was studied and left untouched by the Com mittee. This Section increases benefits from $2,500 to $5,000 for medical, surgical and hospital treatment, and artificial members. The Committee felt that the increase from $2,500 to $5,000 was equitable, therefore, no change was recom mended.
(6) Section 6 of House Bill 80 dealt with reviews of awards by the State Board of Workmen's Compensation. The wording of the law (Code Section 114709) created doubt as to the proper procedure to be followed in certain cases. Section 6 was designed to remove the ambiguity and to present a procedure acceptable to both labor and management. The Committee feels that the wording in Section 6 is good, therefore, no change was recommended.
INTERIM COMMITTEE REPORTS
3653
GENERAL RECOMMENDATIONS
(1) The Committee unanimously voted to recommend the above changes and nonchanges in House Bill 80 to both Houses of the General Assembly. The Com mittee was careful, during its study and deliberations, to keep a proper balance. Each change sought by the Committee is fair and equitable to both labor and management. It was the feeling of the Committee that any amendment upsetting this balance will result in lobbying from the disfavored side. The lobbying and pressure could seriously jeopardize the possibility of obtaining the needed relief in the areas covered by House Bill 80.
The changes proposed by the Committee will increase workmen's compensa tion insurance rates by 13.3%, according to the National Council on Compensation Insurance, New York. It should be noted, however, that rates have decreased by more than 13.3% in the last several years.
(2) It is the feeling of the Committee that no meaningful revision of the entire workmen's compensation laws can be had unless full-time legal experts are employed. House Resolution 228 created the Committee for two years and charged it with the responsibility of rewriting and revising the entire workmen's compensation law. Immediately after the 1968 session of the General Assembly, the Committee intends to employ legal counsel, drawing on management and labor for assistance, in order to accomplish its responsibility.
Respectfully submitted,
/si William J. Lee William J. Lee, Vice-Chairman Representative, 35th District
/s/ A. W. Holloway A. W. Holloway, Chairman Senator 12th District
/s/ Emory L. Rowland Emory L. Rowland Representative, 48th District
/s/ H. McKinley Conway, Jr. H. McKinley Conway, Jr. Senator, 41st District
/s/ Tom C. Palmer, Jr. Tom C. Palmer, Jr. Representative, 117th District
/s/ Billy Shaw Abney Billy Shaw Abney Senator 53rd District
/s/ Claude A. Bray, Jr. Claude A. Bray, Jr. Representative, 43rd District
/s/ J. Battle Hall J. Battle Hall Senator, 52nd District
/s/ Joseph A. Battle Joseph A. Battle Representative, 116th District
/s/ Dan I. Maclntyre, III Dan I. Maclntyre, III Senator, 40th District
INDEX
3655
INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1968
PART
I--ALPHABETICAL TABULATION
(House Bills, House Resolutions, Senate Bills, Senate Resolutions, Interim Committee Reports)
PART II--NUMERICAL TABULATION
(House Bills)
PART III--NUMERICAL TABULATION
(House Resolutions)
PART IV--NUMERICAL TABULATION
(Senate Bills in House)
PART V--NUMERICAL TABULATION
(Senate Resolutions in House)
3656
INDEX
HOUSE JOURNAL Part I
ALPHABETICAL TABULATION
HOUSE AND SENATE BILLS AND RESOLUTIONS
ABANDONMENT
HB 756
--Minors; service of demand before invoking penalty ___....__.___.__------.---.___.___.--.199, 440, 606
ABORTION HB 281
--Additional exceptions if performed by licensed physician ....704, 800, 869, 959, 1029, 1862, 1991
ACCOUNTANTS SB 186 --Non-Residents; registration ..__.._......-........_.....941, 2194, 2899
ACWORTH, CITY OF
HR 611-1301--Homestead exemption; residents 62 years of age or over; amendment to the Constitution .__._____._____.____976, 1096, 1099, 1192, 1667
ADJOURNMENT SR 202 --Amend HR 418 _._.-......_..._____._.__-._____......1030, 1085
ADMINISTRATIVE PROCEDURE ACT, GEORGIA
SB 199
--State Board of Corrections; place under provisions of Act _...-..___..___.200, 257, 297, 508, 3098
SB 299 SB 202
INDEX
3657
--Solicitors-General, Superior Courts;
Rules and Regulations of
the State of Georgia . _
884, 888, 939, 1099, 2582
--State Board of Pardons and Paroles;
place under for rule making
purposes ..... .................. ............... 200, 258, 297, 1101, 3220
ADVERTISING
HB 1122
--Legal advertisements; change rates allowed publishers ..............590, 658, 1520, 2517, 2999
ADVISORY COMMITTEE ON RETIREMENT SYSTEMS SB 270 --Create --.-__-________.-.____.__,.-.____...--_____.-._______1103, 1105, 1164, 2991
AGRICULTURE (See named subject)
HR 879 --Agricultural Commodities Commission for Milk; Georgia Milk Producers Association; expressing appreciation ....___....-_..._- 3195
HR 420-973 --Agricultural Experiment Stations; create committee to study -_______--_____--__ 286, 331, 341, 1201
HR 620-1348--Agricultural products; programs for promotion and control; amendment to the Constitution ....._..... 1156, 1224, 1318, 1867, 3000, 3066
HB 1334 --Citrus fruit; promulgate grades and standards of quality . _ .. 1153, 1222, 1318, 2475, 3412
HR 609-1296--Commissioner; elected in the same manner as the Governor; amend ment to the Constitution ........... 975, 1095, 1101, 2056, 3424
HB 1333 --Concentrated commercial feeding stuffs; eliminate inspection fees ........1153, 1222, 1318, 2474, 3161
HB 1423 --Department of; Commissioner; tenure salary increase ...1311, 1444, 1801, 1803, 2332, 2468, 2655, 3226, 3227, 3278, 3284, 3335, 3329
HB 683 --Farm machinery; exempt sales tax .._.___......._.......__..3040, 3084 HR 561-1220--Fertilizers and insecticides; joint committee
to study standards .__.____...-____.._..._____._.___ 823, 881, 1098, 2749 SB 232 --Flue-cured leaf tobacco; licenses
to warehouse operators ____._______._____739, 741, 827, 1318, 2953 HR 896 --Flue-cured tobacco; opposing Proposed Marketing
Agreement and Order regulating handling ...... _________ 3208 HR 506 --Frozen chickens; urge Commissioner of
Agriculture to promulgate rules and regulations _________________ _____.____.____.______..___419, 1445, 2147 HB 1346 --Georgia Agricultural Commodities Promotion Act; marketing procedures _...____..._____....._____.....___1155, 1224, 1445, 1957, 2999
3658
INDEX
HB 1354 --Labels affixed to certain agricultural commodities....1158,1226,1318, 2045, 3000, 3097
HB 1339 --Livestock; auctions; expand definition to include horses ... ... ... ....1154, 1222, 1318
HB 1338 --Livestock; buying and selling; expand definition to include horses .. 1154, 1222, 1318
HB 1336 --Livestock; crimes concerning; expand definition to include horses ___....._______.._......._1153, 1222, 1318
HB 1348 --Livestock; feeding of garbage; expand definition to include horses ________._1156, 1224, 1318, 2552
HB 1337 --Livestock; loading or handling; expand definition to include horses ___.__.._...__.....__.____1153, 1222, 1318
HB 1335 --Livestock; quarantine and inspection; expand definition to include horses .. 1153, 1222, 1318, 2550
HB 1225 --Livestock; unlawful to construct devices to capture on lands of another person _..____.___._.824, 882, 1318
SB 390 --Livestock traps; unlawful to set or construct on lands of another person . .__ 2618, 2623, 2699
HR 839 --Milk control and distribution; create study committee ...2746 SR 213 --Milk sales regulated by General
Assembly; amendment to the Constitution . . ___________________ 1840, 1840, 1987, 2087, 2962 HR 666-1435--Peanuts and pecans; tax exemptions; amendment to the Constitution _.. __... ........ 1432, 1512, 1516 HB 431 --Pecan Processors and Wholesalers; requirements ... ___....,,..--_ .... (No action in 1968) HB 1332 --Private seed testing laboratories; licenses . . .... ..______________...._____... ..1153, 1221, 1318, 2474
AGRICULTURE AND NATURAL RESOURCES COMMITTEE OF SENATE
--Interim Study Report
.___..
__ _________ 3612
AGRICULTURE, UNITED STATES DEPARTMENT OF
SR 154
HR 650 HR 648 SR 156 HR 649 SR 155
--Tobacco acreage allotment; urge to lower the national yield goal and raise national average _______..._______.___._ _740, 742, 828, 1098, 2952
--Tobacco acreage allotment; urge to lower the national yield goal and raise national average ...._....... 1266
--Tobacco graders; request to publicize procedure to follow ___......_-._.__.-_---._......_.___._.___._.___._._..__.__-.1265
--Tobacco graders; request to publicize procedure to follow ____.___________________740, 743, 829, 1098, 2952
--Tobacco grades; request that grades be concealed from buyers --.------------------,,--,,...,,.--.--.....1266
--Tobacco grades; request that grades be concealed from buyers _____________ 740, 743, 829, 1098, 2952
INDEX
3659
AID TO DEPENDENT CHILDREN ACT HB 385 --Dependent child; define ..........._..._.(No action in 1968)
AIR CONDITIONING HB 1166 --Contractors; performance bonds .____....-.~....__..-_......_.650, 727
AIR NATIONAL GUARD, GEORGIA HR 749 --Commend .................
._......... 2159
AIRCRAFT HR 889 HB 885 SB 350
HR 279
HB 664 HB 946
SB 234
--Aviation Study Committee; create ._..._...-...-__..___._.__..___..__.3203 --Motor fuel; exempt excise tax __._.__..____._..__....._.......-131, 164 --Non-commercial manufacturers; responsibility
for defective workmanship ___._____.___._._______..1670, 1676, 1796 --Privately owned; create study
committee .--------~____.._...._..,,.________--....(No action in 1968) --Privately owned; levy license fees ---__._.__(No action in 1968) --State Department of Air Transportation;
establish ____.__.____________,,____...__...._.___..215, 293, 829 --State Department of Air Transportation;
establish _...._...._........_... 603, 607, 665, 883, 1280, 1992, 1995, 2242, 2639, 3405
AIRPORT AND AVIATION INDUSTRY --Interim Study Report .._......._......._.--..,,...._...._..........._..._.,,..,,. 3447
AIRPORTS
HR 203-687 --County and Municipal; create committee to study cost of repairing _...-_.._.-_....,, (No action in 1968)
HR 420-932 --Eminent domain; relocation of occupants; amendment to the Constitution ....185, 220, 341, 1099, 1425, 1496, 1570, 2499
HB 1584 --Malt beverages; authorize sales within boundaries ___._.__...._...__..._..._..__..1974, 2081, 2090, 2307, 2848
HR 704 --Metropolitan Airport Council; create study committee _...-.-._..._...._..__.__..._.....-......-..1579, 1800, 2150
HB 1585 --Spirituous liquors; authorize sale within airport boundaries --...1975, 2082, 2090, 2307, 2849
SB 124 --Uniform Airports Act; fees to owners of small planes -_.--_...----._--.---_._.-__..__._.(No action in 1968)
3660 HB 1583
INDEX
--Wine; authorize sale within boundaries .------..------------ ..1974, 2081, 2090, 2306, 2848
AIR TRANSPORTATION
HB 1510 HB 946 SB 234
--State Department; appointment of officers ...._.... 1782, 1979 --State Department; establish _------,------...------.215, 293, 829 --State Department of; establish ...._.. 603, 607, 665, 883, 1280,
1992, 1995, 2242, 2639, 3405
ALBANY, CITY OF
HB 1388 --Commissioners' absences excused; employ city physician ...1304, 1438, 1447, 1548, 2241, 2578
HR 607-1295--Dougherty County; merge and consolidate; amendment to the Constitution.. 974, 1095, 1099, 1187, 1667
HB 1347 --Employees' pension; amount levied -....._....----...------------...1156, 1224, 1447, 1452, 2238
ALCOHOLIC BEVERAGES
HB 948 HB 173
SB 120 SB 349 HB 1453 HB 1452 HB 1584 HB 1451 HB 213 HB 245 HB 745 HB 1344 HB 749
--Apparatuses used in illegal manufacture; contraband ._. ..._......... ........... ....215, 293, 1802, 2470, 3164
--Blood-alcohol test; percentage for presumption of drunkenness; penalty for refusal to take --._.----...... (No action in 1968)
--Drunk driving; implied consent .....472, 473, 498, 831, 2034, 2242, 2297, 2507, 2507, 3035, 3040
--Females working in liquor stores; allow --------.-------.2086, 2087, 2233, 2237, 2673
--Licenses; prohibit if 2,000 feet or less from existing liquor store .........._._......_...._._...1436, 1516, 1802, 2308
--Liquor stores and lounges; clarify definitions ......... ................. .............1436, 1516, 2090
--Malt beverages; authorize sale within airport boundaries ....... ............1974, 2081, 2090, 3207, 2848
--Malt beverages; seizure by revenue agents; disposition ...................1436, 1515, 2090, 2534, 3414
--Minors; unlawful to falsely represent age, drink or possess ,,.--...------ ----_..--..--._..--------.--1802
--Minors; unlawful to possess .._.----..----..(No action in 1968) --Retail liquor stores; names of owners
placed in conspicuous place ..........----..(No action in 1968) --Sales in certain counties ----.....----1155, 1223, 1802, 2398 --School athletic functions, dances, etc.;
unlawful to possess or consume if under 21 .... ................(No action in 1968)
HB 1585 HB 1069 HB 1583
INDEX
3661
--Spirituous liquors; authorize sale within airport boundaries _...___.___._....__.1975, 2082, 2090, 2307, 2849
--State Crime Laboratory; blood and urine tests ............._.........._..-.._._______.___._______._...._.___.__-._.__..382, 467, 987
--Wines; authorize sale within airport boundaries _...._......._..._._.1974, 2081, 2090, 2306, 2848
ALIEN STUDENTS SB 237 --State employment ..... . ............944, 949, 984, 2704, 3159, 3428
ALLEN, BISHOP L. SCOTT HR 688 --Commend ........................._..._...._--------------,----1589
ALLENTOWN, TOWN OF HB 1124 --Corporate limits; change .._....--_.__..___.590, 658, 667, 743, 1235
ALLIGATORS
HB 1289 HB 1293
--Farms; Licensing _._.......____..___._.....972, 1093, 1165, 1576, 2705 --Hunting and trapping; open
season __..___.__.__________________._____.___.__.973, 1094, 1165, 2046, 3411
ALL-STATE BONDING COMPANY SR 76 --Relieve as surety _____...-___.__.-__._.2616, 2620, 2697, 2842, 3221
AMBROSE, CITY OF
HB 1380
--Treasurer; file statement with superior court clerk _._.__._______.._.__.______..____.1302, 1437, 1447, 1546, 2239
AMENDMENTS TO THE CONSTITUTION
(See Constitutional Amendments, named subject)
HR 611-1301--Acworth, City; homestead exemption for residents 62 years of age or over _______.____.____.__.____._.___________..__.__.976, 1096, 1099, 1192, 1667
HR 400-912 --Ad valorem tax assessments; homestead exemptions --,---.-- ...----. --..----........... 156, 193
3662
INDEX
HR 736-1611--Ad valorem tax; educational purposes;
exempt persons 70 years of age or over -.---2074, 2231
HR 36-104 --Ad valorem tax; exemptions ... ........ .... (No action in 1968)
HR 83-209 --Ad valorem tax; homestead exemption;
change from $2,000 to $4,000 _....__....... (No action in 1968)
HR 537-1179--Ad valorem tax; homestead
exemption; $4,000 exemption for
persons 65 or older __._._.___ 653, 729, 1802, 2784, 3315, 3319
HR 620-1348--Agricultural products; provide programs
for promotion and control __ 1156, 1224, 1318, 1867, 3000,
3066
HR 658-1406--Annual appropriations; provide for 1308, 1441, 1797, 2213
SR 218 --Atlanta, City of; bonds for school
facilities; referendum ....2243, 2246, 2349, 2703, 2724, 3000
HR 713-1512--Atlanta, City of; establish
Historic Zone __.....____.__._._______.____1659, 1795, 2235, 2263, 3425
HR 613-1309--Bainbridge-Decatur County
Beverage Control Board; create __.___._.__...978, 1098
HR 726-1556--Baldwin County; authorization to
levy annual registration tax 1970, 2078, 2089, 2275, 2850
HR 722-1544--Blue Ridge, City of; create Industrial
Development Authority ....._....'. 1789, 1984, 2089, 2142, 2850
HR 628-1373--Brantley County Industrial Development
Authority; create _._... 1220, 1314, 1448, 1461, 2564, 2935
HR 504-1093--Bryan County Industrial Development
Authority; create .....__......_......__......497, 605, 679, 1669, 1854
HR 412-917 --Butts County Industrial Authority;
create .
...... .159, 195, 198, 252, 1667
HR 485-1050--Calhoun County Development Authority;
create ..... ....._........__.. ___.._____..__. 377, 462, 989, 994, 1669, 1853
HR 496-1084--Camden County Development Authority;
create _....-_____.___..__.__.___._..______....._____.386, 470, 989, 1000, 2244
HR 413-923 --Capital punishment; abolish ...------160, 196, 471, 1963, 1964
HR 609-1296--Certain state officials elected in the same
manner as the Governor ._. ....... 975, 1095, 1101, 2056, 3424
HR 13-16 --Chatham County, City of Savannah; planning
and zoning ordinances for historic
purposes ..
.._.._....._.. 886, 1199
SR 224 --Chatham County Tax Commissioner;
appointment . ........ ..... .._.... _....._........_. 2243, 2246, 2349
HR 667-1435--Chattahoochee County; Charter Commission;
create _......._..._........__........._._........._..._._.............1432, 1512, 1665
HR 475-1020--Chattahoochee County Industrial Development
Authority; create ._................325, 390, 394, 531, 1668, 1851
HR 675-1458--Chattooga County Board of Education;
election . ...........
. 1507, 1660, 1800, 1827, 2565
HR 676-1458--Chattooga County; motor vehicle ad
valorem tax; when proceeds
used ..... _._...... _..___....-__.__.._.. 1507, 1660, 1800, 1829, 2565
HR 606-1295--Cherokee County Airport Authority;
create .. ...........
974, 1095, 1100, 1183, 1667
INDEX
3663
HR 664-1435--Cherokee County; establish fire
protection districts ............ 1431, 1512, 1800, 1821, 2564
HR 633-1401--Clarke County Board of Education;
election ....__..___......__._........._........ 1306, 1440, 1448, 1564, 2244
HR 529-1156--Clarke County, City of Athens; ad valorem
tax procedure .......
597, 663, 667, 753, 2849
HR 453-1002--Clay County Development Authority;
create ............___..._.__..........___.___....... 321, 386, 472, 1668, 1850
HR 629-1373--Cobb County; Education District No. 2;
composition .. ......................... .1221, 1314, 1320, 1464, 2244
HR 660-1410--Cobb County; incorporation of territory;
referendum _._..._........ . . ....__..1308, 1442, 1448, 1567
SR 194 --Cochran-Bleckley School Systems;
merge ........ ...................................1323, 1324, 1444, 2354, 2606
HR 535-1179--Colquitt and Miller County Development
Authority; create ........._.._....._..... .653, 729, 735, 836, 2243
HR 544-1191--Columbus, City of; charter commission
to study consolidation with Muscogee
County; create ............................ ... 656, 732, 735, 845, 1323
HR 503-1090--Constitutional Convention; calling for ...._...._........... 457, 496
HR 502-1090--Constitutional Convention; provide in 1969 ..............457, 496
HR 624-1354--Cordele, City of; Office Building
Authority; create __.._.....1158, 1226, 1227, 1348, 2244, 2934
HR 433-952 --County Boards of Education; members' election ...216, 295
HR 732-1597--County government; powers ......2072, 2228, 2353, 2598, 3426
HR 557-1216--Coweta County School System;
merge with City of Newnan
independent system .._...__..._. 821, 880, 941, 1007, 1670, 1857
HR 486-1050--Coweta County; water and sewerage;
additional indebtedness ._...___.._......____378, 463, 507, 552, 887
HR 674-1450--Crisp County-Cordele Industrial Development
Authority; create .......____.1435, 1515, 1519, 1721, 2245, 2935
HR 669-1440--Dalton, City of; Building Authority;
create ..........._.__.................. 1433, 1513, 1519, 1702, 2245, 2647
HR 670-1440--Dalton-Whitfield County Development
Authority; create ....__........___.._. 1433, 1513, 1519, 1715, 2244
HR 411-917 --Death sentence commuted to life
imprisonment; not eligible for
parole before serving 15 years ........... .. 158, 195, 299, 450
HR 559-1220--Decatur, City of; revenue obligations;
authority to issue and sell ........... 822, 881, 989, 1018, 1667
HR 684-1477--Decatur County-Bainbridge Industrial
Development Authority; create .. 1655, 1792, 1800, 2006,
2850, 3052
HR 408-912 --Decatur County; Justices of the Peace;
increase jurisdiction _...._.._........_........157, 194, 198, 249, 887
HR 29-79 --DeKalb County; police forces; reimburse
ment to municipalities for
maintenance _._.,,..........--_--,,.---....___-.... (No action in 1968)
3664
INDEX
HR 398-912 --Department of Industrial and Tourism;
create in lieu of Department of Industry and Trade ..........__..___..-._..156, 192, 2592, 2958
HR 156-453 --Disabled veterans; increase
homestead exemption ._.._._..--....___________ (No action in 1968)
HR 543-1183--Dodge County-Eastman Development
Authority; create; amendment to the
Constitution ... 517, 655, 730, 735, 839, 1669, 1855
. HR 678-1464--Dooly County Industrial Development
Authority; create .. ..,,...__. 1508, 1661, 1800, 1832, 2565
HR 607-1295--Dougherty County and City of Albany;
merge and consolidate .
974, 1095, 1099, 1187, 1667
HR 687-1477--Douglas County; water, sanitation,
sewerage and fire protection
districts; establish ...._............. 1655, 1792, 1800, 2017, 2850
HR 378-853 --Driver education; traffic fines
and forfeitures; allocation .......... 23, 134
HR 406-912 --Early County Development Authority;
create ___.__-......._.__..-.....___..._.-157, 193, 198, 237, 1668, 1849
HR 191-597 --Educational tax levy; change millage
limitation __.___________..,,._,,.____--._____________,,,,(No action in 1968)
HR 632-1401--Effingham County Industrial Development
Authority; create ......_._._. 1306, 1440, 1448, 1558, 2244, 2394
HR 377-853 --Elbert County Industrial Building
Authority; create ................... ZS, 134, 137, 226, 1668, 1849
HR 420-932 --Eminent domain; airports; relocation
of occupants ....... 185, 220, 341, 1099, 1425, 1496, 1570, 2499
HR 536-1179--Eminent domain; fair market value ............_.. 653, 729, 1446
HR 631-1401--Evans County Industrial Development
Authority; create _.___________._.___.1306, 1440, 1448, 1554, 2244
HR 593-1241--Fayette County; water, sewerage and fire
protection districts .._.___..__.____.._..._._.876, 936, 941, 1021, 1667
SR 207 --Floyd County Board of Education;
staggered terms for members ..1666, 1677, 1797, 2593, 2610
SR 182 --Floyd County Board of Education;
Workmen's Compensation .._______ 886, 887, 938, 1448, 1467
HR 679-1465--Fulton County; ad valorem tax levy ........_._ 1509, 1661, 1799
HR 724-1550--Fulton County; establish public
parking facilities ................................1789, 1985, 2235, 2272
HR 66-153 --Fulton County; motor vehicle license tags;
idemnification to Tax Commissioner ___. (No action in 1968)
HR 731-1589--Fulton County; tax levies ...._....__..__. _._ 1976, 2083, 2593, 2626
SR 205 --General Assembly; meetings _______._____... 1666, 1677, 1796, 1801
HR 725-1550--General Assembly members; election;
four-year terms
.. _ 1789, 1985, 2089, 2476, 3426
HR 719-1522--Gilmer County; Tax Commissioner;
authorization to collect tax
fi. fas. ... ....... . ......................1785, 1982, 1989, 2139, 2850
HR 738-1616--Glascock, City of; create Industrial
Development Authority... 2075, 2232, 2236, 2429, 3314, 3345
INDEX
3665
HR 322-838 --Governor; election ----_--------_ _.--_---------------------14, 736 HR 6-1 --Governor; runoff elections between two
persons receiving highest number of votes .------.---- 197, 341, 3169, 3173, 3234, 3236, 3315,
3278, 3433
HR 618-1345--Governor; succession ............----..._...................... ....1155, 1224
HR 42-131 --Governor; succession ............. ............ (No action in 1968)
SR 157 --Governor's appointments submitted to State
Senate for confirmation _----.__... .... 2565, 2566, 2590, 2704
HR 806-1653--Gwinnett County Board of Education; filling of vacancies ........----.... 2589, 2697, 2702, 2873, 3427
HR 785-1636--Gwinnett County; employees and officials; create Merit System ____.._.----2343, 2557, 2593, 2603, 3427
HR 663-1427--Henry County; County manager form of government; provide ............... 1430, 1510, 1519, 1689, 3425
HR 662-1427--Henry County Water Authority; tax levy --...................... ........... 1429, 1510, 1519, 1689, 3425
HR 681-1473--Henry County; water and sewerage;
additional indebtedness ....... 1654, 1791, 1799, 1999, 3425
HR 491-1063--Homestead exemption; ad valorem tax;
municipalities
. ....--------------------381, 465, 1521
HR 263-801 --Homestead exemption; disabled veterans ---------------------------- (No action in 1968)
HR 436-952 --Homestead exemption; extend for disabled veterans ------------------.------217, 295, 2595, 2798, 3421
HR 405-912 --Homestead exemption; increase --------.--------..----. 157, 193
HR 434-952 --Household and kitchen furniture; exempt ad valorem tax ------------------------------ 216, 295, 2627
SR 261
--Houston County Building Commission; create _----------------_.------ 2708, 2710, 2841, 3112, 3120
SR 250
--Houston County; create Special Court --._-------------------.2708, 2710, 2840, 3112, 3117
HR 399-912 --Industrial Development Authorities; creation
by counties and municipalities ... 156, 193, 832, 2981, 3420 HR 784-1636--Industry and Trade, Department, reimbursement
of certain expenses --------------2343, 2557, 2592, 2802, 3404 SR 209 --Jackson County Industrial Development Authority;
create; .--------.--------------.1666, 1677, 1797, 2842, 2876 HR 627-1367--Jasper County Industrial Development
Authority; create ------------1219, 1313, 1448, 1456, 2243
HR 401-912 --Judiciary Commission; establish ----------------------156, 193
HR 93-219 --Justices of Peace; civil cases; jurisdiction... .1448, 2521, 3419
HR 110-252 --Justices of Peace; jurisdiction --------(No action in 1968)
HR 407-912 --Lee County Development Authority; create --------------------------157, 193, 198, 243, 1666
HR 489-1050--Lieutenant-Governor-Elect; succeed to Governorship in the event of the death
of the Governor-Elect -------- 380, 465, 509, 618, 1322, 2932
HR 548-1200--Lincolnton and Lincoln County Development
Authority; create -.--------724, 826, 830, 891, 1669, 1856
3666
INDEX
HR 711-1479--Local school systems; particular tax shall be allocated .................................. ....._._..._._...1656, 1793
HR 682-1473--Lowndes County-City of Valdosta;
governing authority; merge ..-1654, 1791, 1799, 2002, 2849
HR 779-1627--Macon, City of; ad valorem property tax;
assessment .. ................................... ............ ..____. 2226, 2347
HR 501-1090--Marietta, City of; homestead
exemption ................................457, 496, 605, 676, 1669, 1854
HR 723-1549--Mclntosh, City of; create Industrial Development
Authority ................. .....1968, 2077, 2235, 2266, 3314, 3345
HR 521-1103--Medical student scholarships;
repayment of loans
... 491, 600, 832, 1288, 3421
SR 213 --Milk sales regulated by General
Assembly ....................................1840, 1840, 1987, 2087, 2962
HR 386-880 --Milledgeville-Baldwin County Industrial Development Authority; create ........130, 163, 198, 232, 1666
HR 560-1220--Motor vehicle liability insurance;
special assessment fees .............. ......... . ... .......... 823, 881
SR 187 --Motor vehicle liability insurance; special
assessment fees for owners who do not
carry ................................ 1102, 1106, 1164, 1229, 1800, 2297
HR 625-1354--Municipal corporations; annexation of
contiguous areas; referendum ...... .......................1093 1163
HR 487-1050--Muscogee County Airport Commission;
create . ................................... 378, 463, 472, 556, 1669, 1853
HR 488-1050--Muscogee County; garbage disposal
system ....:_..................___.............___.._......380, 463, 472, 562, 887
HR 623-1354--Muscogee County; ordinances for policing
public property and airport ....1158, 1226, 1227, 1344, 2243
HR 666-1435--Peanuts and pecans; tax exemption ............1432, 1512, 1516
HR 216-712 --Primaries; power of taxation ___.__________._... (No action in 1968)
SR 215 --Public authorities; abolish; amendment
to the Constitution ____...____.............__..___.______...__.___.____2619, 2623
HR 168-510 --Public improvements projects; compensation
of holders if interest decline in value--(No action in 1968)
HR 447-973 --Pulaski County-Hawkinsville Development
Authority; create ........................... 286, 330, 394, 404, 1667
HR 735-1608--Putnam County Development Authority;
create ......__.__.___................___........2073, 2230, 2236, 2424, 3426
HR 421-932 --Quitman County Industrial Development
Authority; create ..................185, 220, 298, 397, 1668, 1850
HR 531-1156--Richmond County; adoption of ordinances ................___..__.__..__......_.._.. 597, 663, 667, 757, 1323
HR 458-1013--Richmond County-Augusta, City of;
tax levy _._......._.______.._..............__..__..._........_._. 323, 388, 394, 522
HR 686-1477--Richmond County; public agencies;
General Assembly's powers to create, etc. .................___...._......__.1655, 1792, 1800, 2013, 3425
HR 740-1616--Rockdale County Board of Education;
debts incurred ............................2076, 2232, 2353, 2601, 3426
INDEX
3667
HR 237-776 --Sales tax; charitable organizations; exempt
certain property _._.--........(No action in 1968)
HR 665-1435--Savannah, City of; ad valorem
tax levy ....
1431, 1512, 1519, 2135, 3314, 3336
HR 396-912 --State Board of Corrections; new board;
composition of members
.. 155, 192, 2594, 2819
HR 716-1518--State Board of Pardons and Paroles;
create; committee to nominate 3 nominees
to fill vacancies _------..__------....-.1784, 1981, 2089, 2457
HR 189-564 --State Constitution; proposed amendments;
date for submission to the people _____ (No action in 1968)
SR 149
--State Constitution; provide for new Constitution ______ .......... __ 1666, 1677, 1796, 2845, 3153, 3431
HR 426-941 --State Council for Removal of Appointed
Constitutional Officers; create ........
-187, 222, 1990
HR 397-912 --State Game and Fish Commission;
create new Commission _...__.______,,____,,____.... . .... . 155, 192
HR 422-932 --State Game and Fish Commission; create a new Commission ....---185, 220, 2351, 2686, 3384, 3384
HR 49-133 --State Game and Fish Commission; Director
shall be elected at the same time and in
the same manner as Governor .......... (No Action in 1968)
HR 415-923 --State Game and Fish Commission;
five member Commission __________________________________ 160, 196
HR 425-941 --State Game and Fish Commission; proceeds from
motor fuel taxes appropriated for
boating and fishing facilities ___._._......................... 187, 222
HR 786-1643--State Game and Fish Commission;
reimbursement of certain
employees
.......
2345, 2558, 2593, 2807, 3427
HR 518-1100--State Highway Department;
appropriations; motor fuel taxes ...-- __----459, 498
HR 677-1458--State officials, elected or appointed;
change in compensation ________________________ 1507, 1660, 1665
HR 139-399 --Slum clearance; ad valorem tax on
increased value ... ___.._________..._........... ________ (No action in 1968)
HR 592-1241--Spalding County; sanitation, sewerage
and fire protection districts ___ 876, 936, 1100, 1179, 2564,
2579
HR 734-1600--Stephens County Development Authority;
create ___----------------.._--______2073, 2229, 2236, 2418, 3426
HR 476-1020--Stewart County Industrial Development
Authority; create ................... S25, 390, 394, 537, 1669, 1852
HR 217-712 --Student loans; issuance of revenue bonds .__ 831, 1207, 3000
HR 409-912 --Supreme Court Justices; Supreme Court
Judges; retirement age --_.----..._.... ...._.. 157, 194
HR 671-1446--Sylvania-Screven Airport Authority;
tax levy
....
1434, 1514, 1800, 1824, 2564
HR 484-1037--Tattnall County Industrial Development
Authority; create ____._...___......__375, 460, 507, 544, 1669, 1852
3668
INDEX
HR 38-106 --Taxation; allocation to local units of school administration .......................... (No action in 1968)
HR 181-555 --Taxation; school lunch purposes ............. (No action in 1968) HR 41-131 --Taxation for school lunch purposes .. ... (No action in 1968) HR 622-1352--Taylor County Industrial Development
Authority; create ................... 1157, 1225, 1227, 1339, 2243 HR 608-1295--Teachers Retirement System; allowances
to beneficiaries .............. ... ............... 974, 1095, 1101, 2480 HR 142-403 --Teachers' Retirement System; create for all
school employees ........................ .... 199, 314, 1166, 1283 SR 183 --University System of Georgia,
Board of Regents; scholarships ... 2708, 2710, 2840, 2991, 3217, 3431
HR 459-1013--Upson County; Thomaston, City of; consolidate Board of Tax Assessors ......... - ... 324, 388, 472, 526, 887
HR 730-1585--Ware County-City of Waycross; consolidation .................. .......... 1975, 2082, 2235, 2282, 2850
HR 782-1631--Ware County; Sheriff's responsibility, United States criminal laws ....... 2227, 2348, 2702, 2718
HR 739-1616--Warren, City of; create Industrial Development Authority . .. 2076, 2232, 2236, 2435, 3314, 3346
HR 727-1560--Waverly Hall, Town of; create Development Authority ....1970, 2078, 2089, 2279, 2851, 2936
HR 668-1435--Webster County Industrial Development Authority; create ___.....__..1432 ) 1512, 1665, 1696, 2245, 2394
HR 619-1345--Woodbine, City of; create Development Authority ._.._...._...._...................1155, 1224, 1227, 1322, 2244
HR 545-1196--Woodland, City of; create Development Authority ................. ...... .. . 657, 732, 735, 851, 1669, 1856
AMERICAN HISTORY
HR 334
--Textbook revision lists; create study committee _______.___..__--_._....___.._____.(No action in 1968)
AMERICAN INSTITUTE FOR RESREACH IN BIO-TECHNOLOGY
SB 273 --Create.. .........................._..._...__..___. 1103, 1105, 1164, 2989
AMERICUS, CITY OF
HB 1548 HB 1034
--Judge's compensation ....................1968, 2077, 2089, 2280, 2997 --Retirement System; participation ....... ........ 328, 32
AMMONIA, ANHYDROUS HB 1074 --Classification ...... .............__....._.......384, 468, 1446, 1955, 3165
INDEX
3669
AMMUNITION
HB 856 HB 857
--Indentification of persons qualified to
acquire or possess
__._----.____________ 24, 135, 736
--Unlawful sale and possession;
define offense _____________ ____._.____.____--_________________ _________ 24, 135
AMUSEMENTS HB 1041 --Excise tax; municipalities __________________________________ 376, 461, 1521
ANDERSON, PEYTON HR 822 --Commend __________________ ._._......_.___.....,. 2764
ANHYDROUS AMMONIA HB 1074 --Classification __________________________________ 384, 468, 1446, 1955, 3165
ANNEXATION
SB 272
--Municipalities; petition; change percentages ____944, 949, 984, 1800, 1995, 2236, 3177
ANNUAL OLD-TIMERS DAY SR 242 --Designate _____________________________________________________________ 2085, 2178
APPELLATE COURT HB 566 --Notices of appeal ______ ____ ________________________(No action in 1968)
APPELLATE PRACTICE ACT OP 1965
HB 1044
--Amend ___--- _ ________ 376, 461, 666, 1489, 3375, 3383, 3392, 3394, 3432
APPLIANCES HB 1039 --Repair; liens ._...._._________.__.......__.__________________._._ 375, 461, 2236
APPLING COUNTY
HR 626-1367--Court of Appeals and Supreme Court Reports; State Librarian to furnish to Superior Court Library ..... _____.....___.....____...__....___________.._______ 1219, 1313
3670
IND E X
APPORTIONMENT
HB 218 HB 1226
HR 335 SB 207
--Chatham County; change representative
districts .... ..... . ... .... ... .... ....... (No action in 1968*
--House of Representatives; amend to comply with
Federal court ruling .. .
824, 882, 940, 971, 1030,
1740, 1846
--Request consideration of Federal Courts regarding
plans for reapportionment
....... (No action in 1968}
--State Senatorial Districts
201, 258, 297, 394, 441, 476
476, 477, 477, 478, 478
APPRAISERS HB 25
--Notice to counties of return for year's support for widows when filed in another county
947, 3431
APPROPRIATIONS
HR 658-1406--Annually; provide fin-; amendment to the
Constitution ...
.. .
1308, 1441, 1797, 2213
HB 960 --General Appropriations Act;
1968-69.. ....
.218,296,1600,1600,1622,1741,
2360, 2360, 2505, 2506, 2508, 2892, 3002
HB 23 --General Appropriations Act; Budgetary authorization;
highway contracts ... ...
. . ..(No action in 1968)
HB 961 --General Appropriations Act;
supplement . . . . .
.......
.....219, 297
HB 1597 --General Assembly; action within
specified time
_... 2072, 2228, 2351, 2797
ARMED FORCES
HR 761 HR 565 HR 843
--Commend
--Commend
...... - ........
--Expressing appreciation ... . .......
2170, 2617 ...... 766, 945
....... 2909
ARNOLD, JACK LEE HR 423-932 --Compensate ....
.... 185, 220. 1798, 2028, 3422
ARNOLD, WILLIAM HARVEY HR 50-134 --Compensate ........ ......
..........
........... 3419
ART SB 218
--Georgia Commission on the Arts;
create ....
1103, 1104, 1163, 1321, 2581, 2638, 2971
INDEX ASHWORTH, MAYNARD R.
HR 826 --Commend --..---..--.......-
3671 .................................. .....Zl&l
ATHENS, CITY OF
HR 529-1156--Ad valorem tax; procedure; amendment to the
Constitution ....................................5Q7, 663, 667, 753, 2849
HB 524 --Athens-Clarke County Charter Commission;
create ,,,,_
...
_______________ (No action in 1968)
HB 1647 - --Municipal elections;
time for holding ....___._.____._____._ 2346, 2559, 2593, 2596, 3164
ATHLETIC ASSOCIATIONS
HR 494-1071--University of Georgia; Georgia School of Technology; include within provisions of all branches of the University System of Georgia _..__.383, 467, 606, 815, 1451
ATHLETIC EVENTS SB 154 --Regulate ___.. ..__.....____._._____._.._...._......____.__........._________..._______.____..2234
ATKINSON COUNTY
HB 1588
--Board of Commissioners of Roads and Revenues; membership .__.....___________ 1976, 2082, 2089, 2257, 3005, 3056
ATLANTA, CITY OF
HB 1616 HB 1027 HB 761 HB 763 HB 1633 SR 184
SR 180
SR 218
HB 303 HB 1141 HB 1609 SB 405
--Aldermen's elections ______......_.. .....................................2075, 2231 --Amusement tax ______......___.____..__.._.____..________..___ 326, 391, 471, 510 --Amusement tax .___________.__._...________.._.__________._(No action in 1968) --Amusement tax; collection _______________________ (No action in 1968) --Annexation; population basis ______._______..___________________.2342, 2556 --Bonds; issuance without referendum,
certain conditions ___..__.____1804, 1809, 1986, 2353, 2445, 3002 --Bonds; issuance without referendum,
certain conditions ___.____1804, 1809, 1986, 2353, 2441, 3002 --Bonds for school facilities; referendum;
amendment to the Constitution _._____..2243, 2246, 2349, 2703, 2724, 3000
--Building Ordinances _______......,,..._.,,____......____(No action in 1968) --City taxes; collection .___-______....._______.____.__.__._593. 661, 667, 748 --Corporate limits __.._._..._..._ 2074, 2230, 2236, 2467, 2702, 2717 --Corporate limits; increase -.._....._______..__.___....2359, 2398, 2559
3672
INDEX
HB 766 --Employees; housing --------___-----------(No action in 1968)
SB 241 --Employees' pension rights ______ 1992, 1993, 2083, 2353, 2576
HB 76 --Fire Departments; reduced pension
benefits ____. --------------___----------(No action in 1968)
SB 242 --Fire department; tax on insurance
premiums _._._._ __----------_------1992, 1994, 2084, 2354, 2576
HR 26 --Fulton and DeKalb County Delegations;
vote required for local legislation ________ (No action in 1968)
HR 713-1512--Historic Zone; establish; amendment to the
Constitution ._._____...._______.___.___.___.1659, 1795, 2235, 2263, 3425
SB 248 --Housing Authorities Law; increase
membership ______..___._._..__ 2241, 2245, 2348, 3112, 3116, 3428
SB 308 --Joint City-County Board of Tax Assessors; abolish
office manager's position _______ 1167, 1239, 1315, 2236, 2246
HB 1513 --Local Education Commission;
re-establish --------------------1659, 1795, 2235, 2258, 3415
HB 1028 --Lodgings; excise tax 2% .......................... 327, 391, 471, 510
HB 1587 --Mayor and Board of Aldermen;
governing authority ----.__._______--__.___------------_1975, 2082
SB 311 --Mayor and Board of Aldermen; jurisdiction over
sanitation facilities ------------1237, 1241, 1317, 2235, 2247
SB 111 --Metro Atlanta Rapid Transit Authority;
publiciation of activities -------------(No action in 1968)
HB 1396 --Municipal zoo; General Assembly to
appropriate funds _._.__------------------------1305, 1439, 1989
HB 1644 --Open housing ___________________________________________________ . ______ 2345, 2558
SR 179 --Property tax; incur debt of 14%
of assessed value ._------...__1323, 1324, 1444, 2235, 2288, 3001
HB 1407 --Region Metropolitan Planning District;
increase membership ____________..._1308, 1441, 1518, 1681, 3413
SB 313 --Slum clearance; non-residents; provide service
by certified mail _______________________ 1167, 1239, 1316, 2235, 2248
HB 1139 --Tax Commissioner; tax returns Fulton and
DeKalb County _________________.--------------..-593, 660, 667, 747
HB 1100 --Taxicab franchise license fees -----459, 497, 605, 673, 3409
HB 1140 --Tax levy .
._
_ _ 593, 660, 667, 747
SB 310 --Tax returns due City of Atlanta located in
Fulton and DeKalb County --1740, 1741, 1797, 2235, 2262,
3405
SB 243 --Teachers' pension ___________------1993, 1993, 2083, 2354, 2577
HB 1608 --Teacher tenure _------_--------_...2074, 2230, 2592, 2712, 3417
HB 1592 --Wards --------__----_---------------- 2071, 2227, 2353, 2404
SB 309 --Zoning changes; notification to tax
assessing officials ________-----1167, 1239, 1315, 2235, 2247
ATLANTA JUDICIAL CIRCUIT
HR 672-1448--Georgia Supreme Court Reports; State Librarian to furnish certain volumes ________._.____________--1435, 1515, 1520
HB 1158
SB 415 HB 1190
INDEX
3673
--Solicitor-General; compensation .................___._..___.___.....598, 664, 668, 752, 1806
--Solicitor-General; Salary .....__.____2613, 2622, 2699, 3112, 3114 --Superior Court Judge's secretary;
salary .........__....._........_...........__.656, 731, 830, 835, 1203, 1236
ATTACHMENTS
HB 797 HB 1163
--Affidavit must be sworn out before Clerk of the Court ....... _____ ____.___________--____.-____________199, 369, 3164
--Grounds; non-residents ....................................... 599, 665, 2090
ATTAWAY, SHERIFF ROLAND HR 827 --Commend ...... ............................................. ....._.._._..__..__._.......2767
ATTORNEY GENERAL
HB 1236 --Subpoenas; power to enforce ....................825, 883, 988, 1949 HR 609-1296--Elected in the same manner as the Governor;
amendment to the Constitution _______ 975, 1095, 1101, 2056, 3424
ATTORNEYS HB 19 HB 1221 HB 1136
--Collection of fees; timing and effect of giving notice .__.._..___.___.___..._.........._.............._...................... ..............1282
--Admission to bar of attorneys licensed to practice law in another State ___________________ 823, 881, 988, 2054, 2705
--Improper interrogatories; fees and expenses for filing objections ________________________________ . . 592, 660, 831
AUCTIONEERS
HB 1612
--Uniform Commercial Code; liability of security interest ___________.1976, 2083, 2236, 2888
AUCTIONS HB 1195
--Auctioneer agent to both parties .............. ____________________._______657, 732, 1098, 2549, 3410
AUGUSTA, CITY OF
HB 821 HB 1356
--Mayor and Council; election ___________________ (No action in 1968) --Pension Fund; invest ._______....____1158, 1226, 1227, 1326, 2239
3674
INDEX
HB 835 --Police Department rules -.._...._.._............. __..1988, 2091, 2845
HB 1014 --Police Department; title rules _......... 324, 389, 394, 475, 738
HB 1018 --Sale of Alien Park ...... 324, 389, 394, 475, 738
HR 458-1013--Tax levy; authorize; amendment to the
Constitution
.....
-.323, 388, 394, 522
AUGUSTA JUDICIAL CIRCUIT
HB 1450 HB 1649
--Judges' salary; supplemental
payments .
... ._.. 1435, 1515, 1518, 1687, 2705
--Solicitor-General's salary ................2555, 2590, 2842, 2860
AUSTELL, TOWN OP
HB 1631 HB 1475
--Corporate limits ._... ... - .... - ..... 2226, 2348, 2353, 2575
--Corporate limits ..... ......
1654, 1791, 1988, 2092, 3414
AUTHORITIES (See Named Subject)
HR 722-1544--Blue Ridge, City of; Industrial Development Authority; create; amendment to the Constitution . 1789, 1984, 2089, 2142, 2850
HB 1373 --Brantley County; Development Authority; revenue certificates ----..1220, 1314, 1447, 1455, 2563, 2925
HR 628-1373--Brantley County Industrial Development Authority; create; amendment to the Constitution ....1220, 1314, 1448, 1461, 2564, 2935
HR 504-1093--Bryan County Industrial Development Authority; create; amendment to the Constitution ........497, 605, 679, 1669, 1854
HB 1086 --Brunswick, City of; Brunswick Port Authority ..... ............... 456, 494, 605, 672, 3041, 3085
HR 412-917 --Butts County Industrial Authority; create; amendment to the Constitution ...... 159, 195, 198, 252, 1667
HR 485-1050--Calhoun County Development Authority; create; amendment to the Constitution ... 377, 462, 989, 994, 1669, 1853
HR 496-1084--Camden County Development Authority; create; amendment to the Constitution ....... 386, 470, 989, 1000, 2244
HB 1154 --Carroll County; Water Authority; acquire sewer systems _._._.____.....____.596, 662, 668, 751, 1236
HR 475-1020--Chattahoochee County Industrial Development Authority; create; amendment to the Constitution ....... 325, 390, 394, 531, 1668, 1851
HR 606-1295--Cherokee County Airport Authority; create; amendment to the Constitution ... 974,1095, 1100, 1183, 1667
HR 453-1002--Clay County Development Authority; create; amendment to the Constitution ........321, 386, 472, 1668, 1850
INDEX
3675
HR 706 --Cobb County Hospital Authority; urge consolidation with City of Marietta Hospital Authority .......__..... .__. ...____..-._._....-. 1579, 1800, 2151, 3404
HB 1579 --Cobb County-Marietta Water Authority; maturity date of revenue bonds .............1973, 2081, 2089, 2256, 2999
SB 365 --Cobb County-Marietta Water Authority; revenue bonds ._-........-.----1805, 1808, 1986, 2703, 2718
HR 535-1179--Colquitt and Miller County Development Authority; create; amendment to the Constitution ..........653, 729, 735, 836, 2243
HR 624-1354--Cordele, City of; Office Building Authority; create; amendment to the Constitution ........1158, 1226, 1227, 1348, 2244, 2934
HR 674-1450--Crisp County-Cordele Industrial Development Authority; create; amendment to the Constitution ....... 1435,1515, 1519, 1721, 2245, 2935
HR 669-1440--Dalton, City of; Building Authority; create; amendment to the Constitution ........1433, 1513, 1519, 1702, 2245, 2647, 3035
HR 670-1440--Dalton-Whitfield County Development Authority; create; amendment to the Constitution ........___._.. 1433, 1513, 1519, 1715, 2244
HB 1366 --Decatur, City of; Parking Authority; create .............. _______..................... 1219, 1313, 1320, 1453, 2561
HR 684-1477--Decatur County-Bainbridge Industrial Development Authority; create; amendment to the Constitution .__.___._______________.1655, 1792, 1800, 2006, 2850, 3052
HR 543-1183--Dodge County-Eastman Development Authority; create; amendment to the Constitution ........ 517, 655, 730, 735, 839, 1669, 1855
HR 678-1464--Dooly County Industrial Development Authority; create; amendment to the Constitution -..1508, 1661, 1800, 1832, 2565
HR 406-912 --Early County Development Authority; create; amend ment to the Constitution ........ 157, 193, 198, 237, 1668, 1849
HR 632-1401--Effingham County Industrial Development Authority; create; amendment to the Constitution .,,____ 1306, 1440,1448, 1558, 2244, 2394
HR 377-853 --Elbert County Industrial Building Authority; create; amendment to the Constitution ....... 23, 134, 137, 226, 1668, 1849
HR 631-1401--Evans County Industrial Development Authority; create; amendment to the Constitution ___.___.1306, 1440, 1448, 1554, 2244
HB 662 --Pulton County; Airport Authority; create ___.._...______..-.._................. ___..--,__..-- (No action in 1968)
HR 738-1616--Glascock, City of; Industrial Development Authority; create; amendment to the Constitution ....2075, 2232, 2236, 2429, 3314, 3345
HB 1432 --Haralson-Carroll County; Airport Authority; establish ____.._____...._______..___.____.__.1431, 1511, 1518, 1682, 2561
3676
INDEX
HR 662-1427--Henry County Water Authority; tax levy; amendment
to the Constitution ________________.._.1429, 1510, 1519, 1689, 3425
HB 1176
--Hospital Authorities Law; revenue certificates ....____.....______________ 652, 728, 987, 1956, 3366, 3369
HB 1177 --Hospital Authorities Law; use of general funds
or tax revenues ................ 652, 728, 987, 1957, 3410
HB 1223 --Housing Authorities Law; amend ....________.._ 823, 882, 988, 991
HR 399-912 --Industrial Development Authorities; counties and
municipalities; creation; amendment to the
Constitution
........
156, 193, 832, 2981, 3420
HR 627-1367--Jasper County Industrial Development Authority; create;
amendment to the Constitution ..........._. 1219, 1313, 1448,
1456, 2243
HB 353 --Jekyll Island-State Park Authority Act; change name to
to Georgia Parks Authority; change
membership ______ ___ _ .. ... .... __..___....... (No action in 1968)
HB 1377 --Lake Lanier Island Development Authority;
amend Act creating _______________ 1302, 1436, 1989, 2475, 3166
HR 407-912 --Lee County Development Authority; create;
amendment to the Constitution ....... 157, 193, 198, 243, 1666
HR 548-1200--Lincolnton and Lincoln County Development Authority;
create; amendment to the Constitution ____.___724, 826, 830,
891, 1669, 1856
HR 723-1549--Mclntosh, City of; Industrial Development Authority;
create; amendment to the Constitution _______ 1968, 2077, 2235,
2266, 3314, 3345
SB 353 --Metro Atlanta Rapid Transit Authority;
clarify costs _______ 1675, 1676, 1796, 2702, 2984, 3100, 3104,
3133, 3429
HR 386-880 --Milledgeville-Baldwin County Industrial Development
Authority; create; amendment to the
Constitution ___________________________ . . .... 130, 163, 198, 232, 1666
SB 409 --North Georgia Mountains Authority; members'
terms of office ______________ 2619, 2623, 2699, 2844, 3138, 3429
HB 597 --Ocean Science Center of the Atlantic Authority;
create _____________.__._________._____--.___------.._.._.(No action in 1968)
SR 215 --Public; abolish; amendment to the
Constitution
.
_________________ 2619, 2623
SB 243 --Public; encouraged to establish vending stands
for the blind _____________________________________________ _ ____. ._. 2085, 2178
HR 447-973 --Pulaski County-Hawkinsville Development Authority;
create; amendment to the Constitution _______ 286, 330, 394,
404, 1667
HR 735-1608--Putnam County Development Authority; create; amend
ment to the Constitution ______ 2073, 2230, 2236, 2424, 3426
HR 421-932 --Quitman County Industrial Development Authority;
create; amendment to the Constitution _______.185, 220, 298,
397, 1668, 1850
HB 1374 --State Penal and Rehabilitation Authority Act;
bond limitation ____________.__.____.___..__..___ 1221, 1314, 1801, 2783
INDEX
3677
HR 734-1600--Stephens County Development Authority; create;
amendment to the Constitution _______ 2073, 2229, 2236, 2418,
3426
HR 476-1020--Stewart County Industrial Development Authority;
create; amendment to the Constitution _______ 325, 390, 394,
537, 1669, 1852
HB 1446 --Sylvania-Screven Airport Authority;
create .
________________.__1434, 1514, 1518, 1686, 2358
HR 671-1446--Sylvania-Screven Airport Authority;
tax levy; amendment to the
Constitution ________________________________ 1434, 1514, 1800, 1824, 2564
HR 484-1037--Tattnall County Industrial Development Authority;
create; amendment to the
Constitution _______________________________ 375, 460, 507, 544, 1669, 1852
HR 622-1352--Taylor County Industrial Development Authority;
create; amendment to the
Constitution _____________________________ 1157, 1225, 1227, 1339, 2243
HB 1249 --Telfair County Hospital Authority members'
appointment ___________________________________.927, 978, 988, 1106, 1672
HB 1326 --Tift County; Airport Authority;
establish ____._______________.___....____________1092, 1162, 1799, 1810, 2560
HR 739-1616--Warren, City of; Industrial Development
Authority; create; amendment to the
Constitution ____...._______________. 2076, 2232, 2236, 2435, 3314, 3346
HB 1399 --Washington County; Airport Authority;
create ,,..____....._..____________________._..___ 1306, 1440, 1447, 1550, 2561
HR 668-1435--Webster County Industrial Development Authority;
create; amendment to the
Constitution _
. 1432, 1512, 1665, 1696, 2245, 2394
HR 619-1345--Woodbine, City of; Development Authority;
create; amendment to the
Constitution ____..__________________________1155, 1224, 1227, 1322, 2244
HR 545-1196--Woodland, City of; create Development
Authority; amendment to the
Constitution _.._..._..._.___.__________.657, 732, 735, 851, 1669, 1856
AUTOMOBILE, AD VALOREM TAX --Interim Study Report _.........
......................3443
AUTOPSIES HB 1068
--Georgia Post Mortem Examination Act; fees paid to Medical Examiners ____....,,_ 382, 466, 1664, 2044
AVIATION STUDY COMMITTEE HR 889 --Create .------.-- .
_______________________ 8203
3678
INDEX
B
BACON COUNTY
HB 1582
--Tax Receiver's and Collector's office; consolidate .... ....... .........1974, 2081, 2353, 2573, 3004, 3183
BAIL
HB 958 SB 62
--First bail, matter of right .. ... ......218, 296, 339, 2052, 2186 --Trover; modify law ..................................(No action in 1968)
BAILES, HONORABLE ROBERT WILLIAM, JR. HR 589 --Express sympathy for passing of _._.____.._....._...________............857
BAINBRIDGE, CITY OP
HB 1402 --Aldermen; number and election method ............__.._....._....... .........1221, 1315, 1799, 1811, 2561
HR 613-1309--Bainbridge-Decatur County Beverage Control Board; create; amendment to the Constitution _______.__________978, 1098
HR 684-1477--Bainbridge-Decatur County Industrial Development Authority; create; amendment to the Constitution _______...............1655, 1792, 1800, 2006, 2850, 3052
BALDWIN COUNTY
HR 726-1556--Annual registration tax; authorization to levy; amendment to the Constitution _______.__._________1970, 2078, 2089, 2275, 2850
HR 492-1063--Conveyance of certain real property ....381, 466, 508, 865, 1238 HR 386-880 --Milledgeville-Baldwin County Industrial
Development Authority; create; amendment to the Constitution ____.__.___--......________130, 163, 198, 232, 1666 HB 1501 --Tax Receiver and Collector; compensation .................. 1781, 1978, 1988, 2094, 2898, 3054
BALDWIN, TOWN OF HB 1242 --Mayor; term of office ......_............._...877, 936, 941, 993, 1807
BANKS AND BANKING
HB 937
--Bank credit card plan; state chartered banks ________________....--.186, 221, 337, 581, 1166, 1363
HB 934 HB 935 HB 939 HB 1241 HB 733 HB 938 HB 255 HB 1640 HB 936 HB 1036 HR 832 HB 940
HB 933
HB 360 HB 1239 HB 1329
INDEX
3679
--Capital stock investments; international
or foreign banking __________________186, 220, 337, 580, 1166, 1362
--Capital stock, subsidiary
corporations ____________________186, 221, 666, 818, 923, 1296, 2705
--Common stock; capital notes or
debentures . .... ___________________187, 221, 666, 2059, 3170, 3335
--Credit Unions; amend laws ............876, 936, 1798, 2812, 3411
--Facilities; establishment, certain
municipalities ...............___._..._._..._.__..._..__..(No action in 1968)
--Full banking services _______ ..._..____________186, 221, 666, 1295, 2705
--Georgia Higher Education Assistance Corporation;
use of State funds -------_--.--_-----______ (No action in 1968)
--Interest charges; breakdown furnished upon request
by registered or certified letter ....._--________............__2344, 2557
--Loans; warehousing _____________________.............__..186, 221, 337, 581
--Non-par Banking Bill; charge for payment
of checks _____________________ ____________.__________..________________328, 392, 734
--Nonpar banking; create committee
to study ______
.
2740, 3111, 3187
--Regulated Certificated Bank Act; branch
locations ____________ 187, 221, 337, 581, 2901, 3077, 3108, 3176,
3256, 3359
--State depositories; industrial revenue
bonds or bonds of development
authorities ________185, 220, 337, 580, 2706, 2936, 3169, 3179,
3255, 3323, 3433
--State Depository Board; Georgia Higher Education
Assistance Corporation ....___.__.___.__________(No action in 1968)
--State Treasurer; deposit of State funds
in State depositories __ ..._............____........... ..........875, 935
--Worthless checks; felony ____.___.___________._... _______1092, 1162, 1228
BANKS COUNTY
HB 1606
--Board of Commissioners of Roads and Revenues; members' election ____________2073, 2230, 2236, 2401
BANKS COUNTY HIGH SCHOOL HR 856 --Boy's Basketball Team; commend ______________________________ ___.__2917
BANKS, FATHER EDWARD J. --Prayer offered by ....___....___....________... ._.......___..._..__._______._-.____2553
BAR HB 1221
--Practice in other States ...._..__..._______ 823, 881, 988, 2054, 2705
3680 BARBERS
HB 1555 HB 329
INDEX
--Shops can train no more than 2 apprentices
at any one time ...................................... .. ....1969, 2077, 2701
--State Board; certificates of registration
as master barber .
... .............. . ....2234, 2540, 3407
BARBER, HONORABLE MAC HR 904 --Commend
...... ...
. ...3214
BARGERON, REV. STERLING --Prayer offered by
. ............._............ ..................374
BARTON, PAUL C. HR 526-1114--Compensate
.... ....493, 601, 1798, 2029, 3423
BARTOW COUNTY HB 1379 --Sheriff; employ jailer and cook 1302, 1437, 1447, 1546, 2239
BATTEY STATE HOSPITAL
HR 792
--Mentally ill children at Central State Hospital;
create committee to study advisability of
utilizing space
... .............._....______________.2454
BAXLEY, CITY OF
HB 1433
--Mayor's vote before
council
... ...............1431, 1511, 1518, 1683, 2563, 3053
BEACH HIGH SCHOOL HR 821 --Basketball Team and Bulldogs; commend _._._______.___________.2764
BEACHAM, HONORABLE JACK HR 876 --Commend ..............__.__....._......._.._._.__._..._.._.__.__.....______..___......__.3193
BEAUTICIANS HB 1505 --Rules and regulations ........._...............__........._._........._.1781, 1978
INDEX
BENTLEY, HONORABLE JAMES L.
HR 875 -- Commend
. .... . . ... .
3681 .....__................. 3192
BERRIEN COUNTY
SB 394 SB 392
-- Board of Commissioners of Roads and Revenues; number of commissioners; change .. . ........... . ................. 2359, 2398, 2559, 3112, 3115
-- Tax Commissioner; salary .. ..... .... 2359, 2398, 2559, 2843, 2868, 3407
BERRY, MRS. C. ED HR 590 -- Express sympathy for passing of
... ..___._..... --.857
BIBB COUNTY
HB 1308 HB 639 HB 1207
-- Board of Commissioners of Roads and
Revenues; election districts . . ... ... ............977, 1097
--Board of Education and Orphanage;
selection of members ....... .. . .. 1100, 1175, 2616, 3073
-- Board of Public Education and
Orphanage; membership
. . ..........726, 827
BILLINGS, DOCTOR R. A. HR 038 -- Express sympathy for passing of
.............1252
BIO-TECHNOLOGY
SB 273
--American Institute for Research in
Bio-Technology; create
. ... 1103, 1105, 1164, 2989
B1RDSONG, MR. WILLIAM E. "BILL" HR 840 -- Expressing appreciation
BIRTH CERTIFICATES
SB 286
HB 1253 SB 287
-- Governmental agencies; certified copies .. .. ..... ...____.___..._..____........___...._._...670, 670, 733, 987
--Increase fee of local registrars ...........................928, 978, 987 -- Name change; issuance of new
certificate ........ ....................... --.-----670, 671, 733, 987
3682
INDEX
BIRTH CONTROL
HB 1085 HB 1260
--Family Planning Services; authorized agencies to provide services to anyone requesting ...... .. ..... .... ... ... .........386, 470, 1664
--Family planning services provided to any person requesting assistance ................. 929, 979. 1522, 1954, 3411
BLACK ROCK MOUNTAIN STATE PARK
HR 37-106 --Execution of agreement under which certain persons are entitled to obtain water ... . ......... ...........
(No action in 1968)
BLAKELY, CITY OF HB 965 -- Special and municipal elections .
...284, 329, 338, 396, 737
BLALOCK, HONORABLE D. B. HR 881 --Commend ............... ......
....... .......
BLANKENSHIP, MRS. FRANK E. (MILLIE) HR 574 -- Express sympathy for passing of .
. . ....... . ... -774, 945
BLECKLEY COUNTY
SR 194
-- School system ; merge with City of Cochran; amendment to the Constitution .......... ..... ............1323, 1324, 1444, 2354, 2606
BLIND HB 20
SB 243
-- Georgia Cooperative Services for the Blind, Inc.; State Employees' Retirement System; credit to certain members for previous service _. ^No action in 1968)
-- Public authorities encouraged to establish vending stands ....... ......................................._...-_.2085, 2178
BLOOD
HB 1069 HB 1292
--State Crime Laboratory: blood tests . . ........... 382, 467, 987 -- Uniform Commercial Code; implied
warranties . ............... .... .....973, 1094, 1664, 2046, 2705
INDEX
3683
BLOOD-ALCOHOL TEST
HB 173
--Percentage for presumption of drunkenness;
penalty for refusal
....___...___..._._.____ (No action in 1968)
BLOOD BANKS HB 775 --License required . . ..
... .. ...... (No action in 1968)
BLOUNT, HONORABLE ROBERT E.
HR 692 --Express sympathy for passing of . ....... ...
1592
BLUE LAW SB 204 SB 213
--The Common Day of Rest Act of 1968; create ........... ........................... 603,607,665,939
--The Sunday Business Activities Act; provide for exceptions .. . ..............1166, 1239, 1315, 1517
BLUE RIDGE, CITY OF
HR 722-1544--Industrial Development Authority; create; amendment to the Constitution .......... ...... . 1789, 1984, 2089, 2142, 2850
BOARDING HOUSES HB 698 --Crime of defrauding; change penalty . ..(No action in 1968)
BOARD OF POLYGRAPH EXAMINERS
SB 323 --Create
.............. . .1168,1240,1316,2701,2962
BOARD OF REGENTS
HR 817 HR 583
SR 183
HB 1062
--Budget procedure; study committee __....._.___..__.._____.__--...2759 --College and university campuses; discourage
expansion of retail stores _._..... ......_...........783, 1228, 1584 --Scholarships; amendment to the
Constitution .......... .. .....2708, 2710, 2840, 2991, 3217, 3431 --Teachers declared legally recognized profession;
remove provisions ........................ ....380, 465, 606, 861, 1450
3684
BOATS HB 1111 HB 1193 HB 998 HB 997 SB 325 HB 1622
INDEX
--Commercial fishing boats;
license fees . .....__.._.. ........._......492, 601, 604, 792, 1804, 2645
--Georgia Motorboat Numbering Act;
extend provisions ___._______._.____________656, 732, 1987, 2772, 3410
--Maximum capacity; State Game and
Fish Commission
.
.............292, 335
--Outboard motors; certificate of title; State
Game and Fish Commission ................. ....... . ..291, 335, 470
--Torts; owner's liability ........._..__..2617, 2622, 2699, 2701, 2978
--Tugboats; annual tax returns;
requirements _....._..__._.......__.._.......................... 2076, 2232, 2237
BOILERS HB 419
--Inspection Division, Department of Labor; regulations ....._............. __..__..___._____________________.____________________.1098
BONDS
HB 958 SB 62 HB 534 HB 274
--Bail; first bail, matter of right 218,296,339,2052,2186 --Bail trover; modify law ......_.................... (No action in 1968) --Cash; public drunkenness ...._._________...339, 440, 669 --Revenue Bond Law; interest rates; limitation _.___.2084, 2396
BOSTON, CITY OF HB 1465 --Police Chief-Marshal; election ... 1509, 1661, 1665, 1813, 2562
BOSTON SEED COMPANY HR 452-999 --Compensate ................__..............._...._...292, 336, 1797, 2025, 3422
BOWMAN, CITY OF HB 872 --Clerk and Treasurer; election ___._...___...128, 162, 198, 222, 500
BOWMAN, HONORABLE JOSEPH M. HR 691 --Commend ...... .............._......._...._..._..__.___......._......__...__.....__.....1591
BRADDOCK, POLICE CHIEF GRADY E. HR 819 --Commend .. ....... ........................................_..._......._................._.2762
INDEX
3685
BRAMBLETT, MRS. A. W., SR. HR 897 --Expressing appreciation ................._.___.__.......--_.................._3209
BRANTLEY COUNTY
HB 1370 --Board of Commissioners of Roads and Revenues; number of commissioners . . 1220, 1314, 1447, 1454, 2563, 2949, 3003
HB 1373 --Development Authority; revenue certificates ........__.. .._.___.1220, 1314, 1447, 1455, 2563, 2925
HR 628-1373--Industrial Development Authority; create; amendment to the Constitution ....._..._....._......1220, 1314, 1448, 1461, 2564, 2935
HB 1409 --Official salaries ........1308, 1441, 1447, 1551, 2358, 2395, 2901 HB 1371 --Treasurer; abolish office _......_.._.1220, 1314, 1448, 1454, 2357
BREMEN, CITY OF HB 1310 --Sanitary needs; condemn land ____1089, 1159, 1799, 1810, 2560
BRIBERY HB 663
--Candidates for public office; unlawful to bribe _._.__.._.___._____.__..._..._.-_.___....__..........(No action in 1968)
BRIDGES HB 994
--Across streams on State line; authority to purchase transferred to State Highway Department -,,--,,--__-- 291, 335, 987
BROOKLET, TOWN OF HB 1570 --Ordinance violations; fines ....... 1972, 2080, 2089, 2255, 2999
BROOKS COUNTY
HB 1231
--Commissioners; chairman and members; compensation ___.....___..........._..-___.....875, 935, 941, 992, 1525
BROSNAN, D. W. HR 516 --Commend ....._.......__.._......__..._..-_........___._.__.._.......__...._._...._......427
068G
INDEX
BROWN, ALTON
HR 384-880 --Compensate
..
130, 163, 1797, 2022, 3420
BROXTON, CITY OF
HB 1382
--Treasurer; file statement with superior
court clerk
.
1303, 1437, 1447, 1547, 2240
BRUNSWICK, CITY OP
HB 1611
HB 1086 HB 1646 HB 1541
HB 1461
HB 1581
--Brunswick-Glynn County Charter
Commission; create - .. .. .. 2074, 2230, 2843, 2856, 3417
--Brunswick Port Authority .. .456, 494, 605, 672, 3041, 3085
--Corporate limits ......
... 2345,2559,2843,2861,3418
--Primary candidate; nominating-
petition .... ... . .. .. ...
1788, 1984, 1989, 2102, 3415
--Revenue; requirements for
raising ..... . ... ....
1508,1661,2843,2854,3414
--Sheriff; employ additional
deputies
1974, 2081, 2089, 2257, 3416
BRYAN COUNTY
HR 504-1093--Bryan County Industrial Development
Authority; create; amendment to the
Constitution
. ..
497, 605, 679, 1669, 1854
HB 860 --Ordinary's salary ......
. 24, 135, 137, 167, 1806
HIJ 859 --Tax Commissioner's salary
24, 135, 137, 167, 737
BUCHANAN, REV. SAM
--Prayer offered by
.
.... ... . ... .--..455
HR 658-1406--Annual appropriations; provide for; amendment to the Constitution . ... ...... ............ 1308, 1441, 1797, 2213
HB 1597 --Appropriation bills; action by General Assembly within specified time .... ................. 2072, 2228, 2351, 2797
HB 960 --General Appropriations Act; 1968-69 ............218, 296, 1600, 1600, 1622, 1741, 2360, 2360, 2505, 2506, 2508, 2892, 3002
HB 23 --General Appropriations Act; budgetary authorization relation to certain highway contracts .............. ........_......._. .. . ...... (No action in 1968)
HB 961 --General Appropriations Act; supplement .............. 219, 297
INDEX
3687
BUILDING CODES HB 1325 --State Building Administrative Board; create ____._. 1092, 1161
BULLINGTON, REV. ELICK, JR. --Prayer offered by ______ ... ..
............. ......................589, 649
BULLOCH COUNTY
HB 1566
HR 890
HB 1562
HB 1564 HB 1565 HB 1563 HB 1567
--Board of Commissioners of Roads and Revenues;
Chairman's salary ....................1971, 2079, 2235, 2254, 2998
--Burkhalter Road; request State Highway
Department to reopen . _____ ................_.._..__..._......_...........3204
--Civil and Criminal Court;
establish .......
1971, 2079, 2235, 2253, 2998
--Ordinary's compensation ___.___..___1971, 2079, 2235, 2253, 2998
--Sheriff's salary __.______________.____.______.1971, 2079, 2235, 2254, 2998
--Superior Court Clerk's salary ....1971, 2079, 2235, 2253, 2998
--Tax Commissioner; Assistants;
salary ___________.______..______________________1972, 2079, 2235, 2254, 2998
BURCH, GRIFFIN HR 550-1206--Compensate ___.________....__.____ __..____________726, 827, 1797, 2028, 3424
BUREAU OF CRIMINAL STATISTICS
HB 1656 HR 838
--Create __..___._______.....______________.._______..._______._______._..._______.____2838, 2987 --Create committee to study feasibility
of establishing .................................... . ........ 2745, 3112, 3188
BUREAU OF STATE PLANNING
HR 776
--Study committee; create to study structure and laws ......................_._..-____....___.._..___.___.....2184, 2842, 2904
BURKE COUNTY HB 1544 --Sheriff's compensation ................1788, 1984, 1989, 2103, 2996
BURT, MRS. SARAH LOIS WADLEY HR 883 --Express sympathy for passing of ..,,..._
_ 3199
3688 BUSINESS
SB 230
INDEX
--Georgia Business Corporation Act; create ................... 2360, 2398, 2559, 2703, 2984, 3013, 3428
BUTLER, CITY OF HR 766 --Volunteer fire department; commend
BUTTS COUNTY
HB 1600 -- Board of Education members' elections _______.______..__..___.....______....2072, 2229, 2702, 2717, 3417
HR 412-917 --Butts County Industrial Authority; create; amendment to the Constitution ....................................... 159, 195, 198, 252, 1667
HB 914 --Clerk's Office; additional personnel .... 158, 194, 198, 224, 1671 HB 913 -- Sheriff and Deputy Sheriff;
salary _._..._._._....._....._.................157, 194, 198, 224, 1668, 1728 HB 1137 --Tax Collector; compensation ..............592, 660, 667, 746, 1671
c
CAIRO, CITY OP
HB 1594
--City Court Judge, Solicitor and Clerk's salaries .........................2071, 2227, 2235, 2399, 3163
CALHOUN COUNTY
HR 485-1050--Calhoun County Development Authority; create; amendment to the Constitution .......... ................ 377, 462, 989, 994, 1669, 1853
CAMDEN COUNTY
HR 496-1084--Camden County Development Authority; create; amendment to the Constitution _______________-___-__..____.._______.386, 470, 989, 1000, 2244
HR 497-1084--Development Authority; repeal 1967 Resolution _._._.........__... ........ ... ... . ..386, 470, 989, 1005, 2358
CANCER CONTROL MONTH HR 791 --Designate; April, 1968 _._._...____.................._......__.____._..2454, 3427
INDEX
3689
CANDLER COUNTY
HB 1318
--Board of Education; members and districts __.._..------.__.._..------.--.1090, 1160, 1227, 1232, 1807
CAPITAL PUNISHMENT
HB 1095 --Abolish
.......-------- ... 458, 497
HR 413-923 --Abolish; amendment to the
Constitution ------..----_------------..160, 196, 471, 1963, 1964
--Interim Study Report __ __--------_------.._--_.._------___..----___3451
HB 917 --Jury must include in its verdict recommendation
of death penalty if convicted person is to be
sentenced to death ---- ....-.158, 194, 299, 586
HB 916 --Sentence commuted to life imprisonment;
not eligible for parole before serving
15 years --.... ------..-------.....--...158, 194, 299, 454, 582
HR 411-917 --Sentence commuted to life imprisonment;
not eligible for parole before serving
15 years; amendment to the
Constitution _------_.----------.----_. -------158, 195, 299, 450
CARNES, HONORABLE CHARLES L.
HR 880 --Commend
.-------..------............3196
CARROLL COUNTY
HB 1432 HB 1323
HB 1324
HB 1154
--Airport Authority; establish ........1431, 1511, 1518, 1682, 2561 --Board of Education; members' elections and
positions on the Board ............. 1091, 1161, 1800, 1815, 2995 --Board of Education; School Superintendent;
appointment _...-............ ...---- 1092, 1161, 1800, 1810, 2614 --Water Authority; acquire sewer
systems ...._..................._.....----.._ ...----596, 662, 668, 751, 1236
CARTERSVILLE, CITY OF
HB 765
--New Charter; create ....... .1988, 2106, 2845, 3003, 3003, 3256, 3274
CARTERSVILLE JAYCEES HR 768 --commend _..... ..
........................... 2175
CATO, HONORABLE ANTHONY WALLACE HR 616 --Congratulate ........--_..... _...------.----------.----........ _...__----..1085
3690
INDEX
CATOOSA COUNTY
HB 1534 --Board of Utilities Commissioners;
powers .............. .......................... 1787, 1983, 1989, 2101, 2848
HR 219-739 --Superior Court; furnish certain laws books
to Clerk .._............................._............ ......
199, 277, 499
CEDARTOWN, CIVIC CLUBS
HR 466 HR 474 HR 471 HR 463 HR 461 HR 467 HR 469 HR 465 HR 472 HR 553 HR 468 HR 473 HR 462 HR 460 HR 514
--Business and Professional Women's Club; commend . -..-304
--Chamber of Commerce; commend ... . . .. .. . .... 309
--Exchange Club; commend ........ .............. .. .......___.307
--Fire Department; commend .. ... .. ....
. .. ..-302
--Jaycees; commend .................................
........... ....300
--Jaycettes; commend ..... .. ...... ... . .
. .. 304
--Junior Welfare League; commend ...... __ . .. . _____.305
--Kiwanis Club, commend .... ..... ... . . ...... ______303
--Lions Club; commend ................ .... ..
. ... .........307
--Merchants' Association; commend .. . .
. . ...... 686
--Optimist Club; commend ..........
..
.... . ..._..._305
--Opti-Mrs. Club; commend ......
... . ............308
--Police Department; commend
..... ......301
--Rotary Club; commend ........................
...._._...._........300
--Unit of Georgia State Patrol; commend . . . ..._....... 425
CEDARTOWN-POLK CIVIL DEFENSE AND RESCUE UNIT HR 552 --Commend _..._._.--.--_-.... . ... . . ... ............... ........685
CEMETERIES HR 801 --Study committee to study regulations; create 2463, 2594, 2758
CENTERVILLE, CITY OF HB 1419 --Mayor and Council; qualifications 1310, 1443, 1448, 1554, 2614
CENTRAL HIGH SCHOOL HR 824 --Girls' Basketball Team; congratulate .____...........__................2765
CENTRAL STATE HOSPITAL
HR 792
--Mentally ill children; create committee to study advisability of utilizing space at Battey State Hospital ...................2454
INDEX
3691
CERTIFICATE OF TITLE ACT
HB 875
--Motor vehicles; origin of vehicle ----129, 162, 299, 611, 1806, 2618, 2623
CERTIFIED PUBLIC ACCOUNTANTS SB 186 --Non-residents; registration ..----._......--........ 941, 2194, 2899
CHAMBLEE, CITY OF HB 1174 --Sanitary tax; millage levied ---------652, 728, 940, 945, 2356
CHANCE, HOMER L. HIGHWAY HR 109-252 --Designate ..... .. . .... --------------(No action in 1968)
CHANDLER, EDGAR, JR. HR 512 --Commend ...... .......................... -- --------...----------... ----423
CHANDLER, EDGAR, JR. DAY HR 515 --Designate; February 27, 1968 ....................... ................ 426
CHAPLAINS, PRAYER OFFERED BY
--Banks, Father Edward J. .......................... - -- -----------2553 --Bargeron, Rev. Sterling .... ... . ......................_........_......__._._...374 --Buchanan, Rev. Sam .. . .............................._....................._...._..455 --Bullington, Rev. Elick, Jr. ..._......................_............._.....589, 649 --Cobble, Rev. J. Howard .. .............. ......... ..... .......... -----2340 --Cooper, Rev. Carl L. ...... .. ................................................... 1151 --Crosby, Rev. Carrol ........ .......................... ---------- -320 --Gardner, Rev. Milton C., Jr. ..-_.--....--------_._..._.__-_._..----488 --Gillespie, Rev. Jack ... .. ------------------.....------.----.--147 --Hahn, Dr. Stanley -------------------------.-....--------1504 --Hall, Rev. Carl F. ........._......._......._................................------2069 --Hamilton, Rev. C. S. ......... ...................._............................... 2986 --Hand, Dr. G. Othell .........._..........................-......--.--.-..-- 126 --Hardy, Father Jerry . .........._..............._...._........-----------1087 --Hodges, Rev. Cecil A. ----.-----..--_--------------------972 --Hooks, Elder V. H. ....... ----..----..----....................----873, 924 --Kicklighter, Rev. Bob ..............__._...._.......................................1652 --Laite, Rev. William W. ......................... .------------------2222
3692
INDEX
-Lamb, Rev. W. Jack ........................---_.------__...____._.___.____.__.2587
-McGowan, Rev. Charles E. ...----------------------..--------...1427
-Norman, Rev. Howard ___._____.______.._______________________..__.___..__.___.___ 183
-Powell, Rev. William 0. ............... ............._._....,,- 723
-Robertson, Rev. Vernard _......_...____..._._______......................__.... 3109
-Steinberg, Rev. Robert F. _...___._.._.._____.__..._..___.___.____________213, 283
-Terrill, Dr. L. M. _.__.._____..._.__.___._...___.._._.._____._.._.__..________..___._...1300
-Turner, Rev. Felix
.
.................._. ... ..5, 19
-Turner, Rev. John K. _...__._.._...__........_______._.__.__._._.__._____._____....1216
-Vaughan, Rev. C. E. .______......... ....__._.__.._._.______..__ .-..----1965
-Wamble, Dr. G. Hugh ..........--1777
-White, Rev. Hubert A ................... ........................__...._...........819
-Wood, Rev. Milton L. .................................... ......... ............2694
CHAPPELL, HONORABLE BENTLEY H. HR 825 --Express sympathy for passing of ....... .......................... .....2766
CHARITABLE INSTITUTIONS
SB 387 --Non-profit hospitals; personnel compensation .................................... 2565, 2566, 2590, 3112
HB 1514 --Sales tax; exempt _._............._..........._............___....__.._._.1783, 1980 HR 237-776 --Sales tax; exempt certain property; amendment
to the Constitution ....................--............. (No action in 1968) HB 7 --Wills; limit amount of estate left to charitable
organizations ..............................._...._...._..(No action in 1968)
CHARLTON COUNTY
HB 1083 , HB 1082
HB 1084
--Deputies; salaries ................................385, 469, 472, 516, 2355 --State depositories; designate ------385, 469, 472, 516, 2355 --Superior Court Clerk; personnel's
salaries ..............................................385, 469, 472, 516, 2355
CHATHAM COUNTY
SB 412 SB 410
HB 1353 HB 8
--Board of Commissioners of Roads and Revenues; Chairman and members; compensation ...--2613, 2622, 2698
--Board of Commissioners of Roads and Revenues; number of commissioners; change ----...2613, 2622, 2698, 2990, 3031, 3135,3431
--Board of Education; members' election ----.......--------___.-_..__-.1157, 1225, 1518, 1538, 2560
--Commissioners and ex officio Judges; filling vacancies --------------_..------_... (No action in 1968)
INDEX
3693
HB 1645 HB 218 HB 1530
HR 13-16
SR 224
--Employees; organization .. 2345, 2558, 2593, 2712, 3179, 3182 --House of Representatives; apportionment (No action in 1968) --Local Government Tax Commission;
establish ___.__....-_--.._-.._..._............._____.____1786, 1983, 2235, 2467 --Planning and zoning ordinances for historic purposes;
amendment to the Constitution _________._.______.__._._.___.886, 1199 --Tax Commissioner; appointment; amendment
to the Constitution . .......................................2243, 2246, 2349
CHATTAHOOCHEE COUNTY
HB 1191 --Board of Education members' terms ....656, 731, 735, 835, 1170 HR 667-1435--Charter Commission; create; amendment
to the Constitution .. ._..._____.__.._..________.___.____..1432, 1512, 1665 HR 475-1020--Chattahoochee County Industrial Development Authority;
create; amendment to the Constitution ........_.__325, 390, 394, 531,1668,1851
CHATTAHOOCHEE PLANTATION HB 1610 --Corporate limits ............................2074, 2230, 2236, 2402, 3417
CHATTOOGA COUNTY
HR 675-1458--Board of Education; election; amendment to the Constitution _..._...............1507, 1660, 1800, 1827, 2565
HR 676-1458--Motor vehicle ad valorem tax; when proceeds used; amendment to the Constitution 1507, 1660, 1800, 1829, 2565
HB 1454 --Sheriff's deputies and jailer; compensation _____._._________.__.._...._..1506, 1659, 1664, 1819, 2562
HB 1455 --Tax receiver and Collector; consolidate offices _._.____..___......__.1506, 1659, 1664, 1811, 2562
CHECKS HB 1036 HB 1329
--Non-par Banking Bill; charge for payment of checks .............._..._._...... 328, 392, 734
--Worthless; felony to pass if more than $300.-1092, 1162, 1228
CHEROKEE COUNTY
HR 606-1295--Airport Authority; create; amendment to the Constitution __..._....._.....__....._......_.974, 1095, 1100, 1183, 1667
HR 664-1435--Fire protection districts; establish; amendment to the Constitution ........_._._.......1431, 1512, 1800, 1821, 2564
SB 391 --School Districts; change; referendum .._i...._..._._.___..__._.._.._._2359, 2398, 2559, 2990, 2991
3694 CHICKENS
HR 506
INDEX
--Frozen; urge Commissioner of Agriculture to promulgate rules and regulations relating to ....._...._.......419, 1445, 2147
CHILDREN, EXCEPTIONAL HR 700 --Council for; send representative ....._..___.._.._._._.1577, 3113, 3184
CHILDREN, PRE-SCHOOL CARE --Interim Study Report ___._..______...-- ......_..........._______.__. 3549
CHURCHES HB 514
--Contributions; additional deduction on income tax ..._._______.____._.__..___.___...____._______1321, 2049, 3040, 3088
CITIZENS' BAND RADIO STATIONS HB 932 --Special license plates ....__......_________._.__....185, 220, 507, 700, 1806
CITRUS FRUIT
HB 1334
--Grades and standards of quality; promulgate ____.___....-_..-_______.__....1153, 1222, 1318, 2475 3412
CIVIL PRACTICE ACT
HB 1230 HB 891 HB 1430
--Amend; service of publication ......_.875, 935, 1099, 1493, 3384, 3391,3432
--Court clerks; service by publication ____________149, 189, 299, 346, 3039, 3091
--Summons; cases involving less than $200 .....__.1430, 1511, 1799
CLARKE COUNTY
HR 529-1156--Ad valorem tax; procedure; amendment to the Constitution ..___.______...__________.__597, 663, 667, 753, 2849
HB 524 --Athens-Clarke County Charter Commission; create __..______________..,,____.._.__._.._,,-_..._.__ (No action in 1968)
HR 633-1401--Board of Education; election; amendment to the Constitution ....................1306, 1440, 1448, 1564, 2244
HB 1650 --County surveyors; fees ..................2556, 2590, 2594, 2798, 3418
HB 1276
HB 1553 HB 1358
INDEX
3695
--Jury list; percentage to serve as grand jurors -.----._....----.----------932, 982, 989, 1111, 1526
--Juvenile Court Judge; salary _____ 1969, 2077, 2089, 2251, 2997 --Law Library; maintain ----......-1159, 1226, 1227, 1326, 1808
CLAXTON, CITY OP
SB 407
--Mayor and Councilmen; compensation -..,,......___. 2613, 2621, 2698, 2843, 2862
CLAXTON, J. W.
--Communication ------------------.....-- --
--------703
HR 383-867 --State Board of Pardons and Paroles;
impeachment charges .------127, 161, 609, 760, 3434, 3437
CLAY COUNTY
HR 453-1002--Development Authority; create; amendment to the Constitution ----.--------------321, 386, 472, 1668, 1850
CLAYTON COUNTY
HB 1182
HB 1411
HB 1403 HB 1331 HB 362
--Board of Commissioners of Roads and Revenues; Chairman's salary ..............................654, 730, 735, 833, 1170
--Board of Commissioners of Roads and Revenues; fiscal authority ----------1309, 1442, 1447, 1552, 2241, 2925
--Employees' Civil Service coverage 1307,1440, 1447, 1550, 2240 --Junkyards; control --------------1093, 1162, 1227, 1233, 1807 --Superior Court Clerk; serve as Jury Clerk ----.----------1168
CLAYTON JUDICIAL CIRCUIT
SB 334 HB 1181
--Chief Judge's salary .-..-------------------.....1168, 1241, 1317 --Judge's term _.---._---- 654, 730, 830, 950, 1671
CLERK, SUPERIOR COURTS
HB 367 HB 889
HB 1340 SB 246 SB 271
--Appoint as Jury Clerks ----------__..----------------------199, 371 --Liens, mortgages and deeds; fees
for recording _---------------------149, 188, 299, 1203, 1244 --Microfilm; use of .... ..--..--1154, 1223, 1320, 2483, 3168 --Retirement benefits ----._....----....1991, 1994, 2084, 2237, 2951 --Retirement benefits; credit for service in
the armed forces .......------------.....----739, 742, 828, 1521
3696
HB 509 HB 1081
SB 260
INDEX
--Retirement benefits; exemptions _.........................199, 687, 3408 --Veterans; discharge certificates;
fees for recording _--.----------..--.----... 385, 440, 469, 829 --Veterans; discharge certificates;
fees for recording .................._.........604, 607, 666, 1520, 2962
CLERMONT, TOWN OF HB 1517 --Mayor and Councilmen; election --1783, 1980, 1988, 2096, 2847
CLEVELAND, CITY OF
HB 1389
--Corporate limits; polls opening and closing .------..1304, 1438, 1799,1811,2561
CLINCH COUNTY HB 1589 --Sheriff's salary .
1976,2082,2235,2257,3005,3058
CLINICAL LABORATORIES
HB 775 HB 1026
--License required .._..._...............--........------ (No action in 1968) --Personnel; licenses --.................. ...326, 391
COBB COUNTY
HR 141-403 --Authorize survey to be made by Secretary
of State
-..-..-.---...... .--_..__(No action in 1968)
HR 852 --Beautification Week; Governor designate ------------....--2914
HB 1243 --Certain officers and employees;
appointment ..-.--------------...------877, 936, 941, 993, 1860
HB 1474 --Civil and Criminal Court;
increase jurisdiction --...---...1654, 1791, 2353, 2567, 3162
HB 1579 --Cobb County-Marietta Water Authority; maturity
date of revenue bonds ------._.__.1973, 2081, 2089, 2256, 2999
HR 602-1280--Convey certain tract of land __.__,,__._.___,,_,,_.--..----.....932, 982
HR 629-1373--Education District No. 2; composition; amendment
to the Constitution ----------1221, 1314, 1320, 1464, 2244
SB 354 --Governmental Reorganization Study Commission;
create -......_......_............. _._. 1527, 1529, 1663, 2353, 2570, 2620
SB 365 --Cobb County-Marietta Water Authority;
revenue bonds ............. .--------1805, 1808, 1986, 2703, 2718
HR 706 --Hospital Authority; urge consolidation with City of
Marietta Hospital Authority --.--.....1579, 1800, 2151, 3404
HR 660-1410--Incorporation of territory; referendum; amendment
to the Constitution .....--------------1308, 1442, 1448, 1567
INDEX
3697
HB 1349 --Law Library; Comptroller shall be treasurer __..._.___.._..__..____.___._____.___.1166, 1225, 1518, 1681, 3412
HB 1350 --Law Library; create ._..-........-.....1157, 1225, 1227, 1325, 1808 HB 1327 --Mt. Harmony Militia District; include within 32nd
Senatorial District .._..._.1092, 1162, 1839, 2088, 2520, 3165 HB 1125 --Solicitor-General; practice of law _._..________.590, 658, 947, 1799,
1809, 2616, 2737 HR 43-131 --State Librarian to furnish certain law books to
Clerk of Superior Court ___._____.__.__.__..______._.._____.__199, 275, 738
COBBLE, REV. J. HOWARD --Prayer offered by .......................2340
COCHRAN, CITY OF
HB 1520 SR 194
--Corporate limits; change by referendum ............._..1784, 1981, 1988,2097,3365
--School system; merge with Bleckley County; amendment to the Constitution ................___.1323, 1324, 1444, 2354, 2606
CODE OF ETHICS SR 25 --Government service employees; establish _...____._._..________338, 576
CODE OF HONESTY SB 74 --State officials and employees ......_...-.._.........__......................2991
COFFEE COUNTY
HB 1383
HB 1317 HB 1316 HB 1457
--Board of Commissioners of Roads and Revenues clerk; file statement with superior court clerk .-....-..-1303, 1437, 1447,1547,2240
--Board of Commissioners of Roads and Revenues; number of members .__.____________.1090, 1160, 1227, 1232, 2238
--Board of Education; create new Board ...._.......__.1090, 1160, 1227,1231,2238
--Sheriff; Clerk's salary ___.____.__._..__...1507,1660,1664, 1812, 2562
COLLECTION AGENCIES, REGULATION OF --Interim Study Report .._.......,,.._._..--........... --....__-3459
COLLECTION AGENCIES
HB 294
--Licensing and regulation; provide for .......... .......-......._........ (No action in 1968)
3698
INDEX
COLLEGE PARK, CITY OF
HB 1575
--Councilmen; residence qualifications ............1790, 1985, 2353 2404, 3416
COLLEGES HR 583
--Board of Regents; urged to discourage expansion of retail stores on college campuses -...._......_.--.783, 1228, 1584
COLLINS, JOE HR 61-140 --Compensate ............ ............................. ......(No action in 1968)
COLLINS, MRS. P. R. HR 62-140 --Compensate ...................._..._-....,,....._._.....,,(No action in 1968)
COLQUITT, CITY OF HB 1232 --Certain areas; services and taxes --....875, 835, 941, 992, 1525
COLQUITT COUNTY
HB 1307 --City Court; change name to Civil and Criminal Court ____._____.__._____________.977, 1097, 1227, 1231, 1807
HR 535-1179--Colquitt and Miller County Development Authority; create; amendment to the Constitution _______.653, 729, 735, 836, 2243
HB 1387 --Ordinary's compensation ................1304, 1438, 1447, 1548, 2240
COLUMBIA COUNTY
HB 1109
HB 1108
HB 1110 HB 1297
--Board of Commissioners of Roads and Revenues; increase membership ,,__....___,,_____..--.492, 601, 667, 674, 1169
--Board of Education members; election .................._.__..__.........._...........492, 600, 667, 674, 1169
--Sheriff's Salary ......__.._.._..__..__..____._......492, 601, 667, 674, 1169 --Street, sidewalk, curbing, water and sewer mains repair;
assess property owners _._.__._.._._.975, 1095, 1100, 1173, 1674
COLUMBUS, CITY OF
HR 544-1191--Charter commission to study consolidation with Muscogee County; amendment to the Constitution .----.656, 732, 735, 845,1323
HB 1070 HR 570 HR 571
INDEX
3699
--Municipal Court; dismissal of suits ____382, 467, 472, 515, 886 --High School Athletic Department; congratulate ................770 --Spencer High School Greenwave Football Team;
commend ..-._........... ........ ._...............,.. 771
COMMISSIONER OF LABOR
HB 1198
--Equal Pay for Women Act of 1966; amend ........657, 733, 940, 1286, 3170, 3250, 3315, 3324, 3342, 3382, 3383, 3389, 3433
COMMISSION ON THE ARTS, GEORGIA _ SB 218 --Create ............... ...^ 1103, 1104, 1163, 1321, 2581, 2638, 2971
COMMISSIONS
HR 523-1104--Constitution Revision Commission;
create ........ ........................ 460, 498, 1101, 1957, 3375, 3376
HR 680-1466--Constitution Revision Commission; create to call for
Constitution Convention ....._._..--..._....__._.._..___.........1509, 1662
HR 530-1156--Forward Georgia Commission;
create ..............__.._..............._._.........597, 663, 1099, 2549, 3421
HB 941 --Georgia Commission on Constitutional Government;
create _............._...................................................-.............187, 222
HB 555 --Georgia Fallout Shelter Commission;
create ..........--..._._.---.----...--..------____--. (No action in 1968)
HB 923 --Georgia Human Relations Commission; create __--_.._.._160, 195
HB 945 --Georgia Milk Stabilization Commission;
create .............._............-...._.............. 188, 222, 336, 1201, 1516
SB 315 --Georgia Real Estate Commission; staggered terms of
office for members ........1167, 1240, 1316, 1519, 2509, 2612
HB 849 --Georgia Recreation Commission; create Board of Recreation
Examiners __..._......__.. 22, 133, 393, 567, 608, 1212, 3034, 3059
HR 661-1420--Georgia Study Commission on Law Enforcement Officer
Standards and Education; create ............1311, 1443, 1518,
2047, 3424
HR 894 --Henry County Water Study Commission; create ...........3207
HR 401-912__--Judiciary Commission; establish; amendment
to the Constitution .....................................................156, 193
HR 379-853 --Juvenile Court Law Study Commission;
create ..................................................23, 134, 988, 1570, 3420
HR 381-866 --Legislative branch of government study commission;
create
............ 25, 136
HR 702 --Metropolitan Tax Study Commission; create 1578, 1800, 2149
SB 408 --North Georgia Mountains Commission; amend
... ..........................................2619, 2623, 2699, 2844, 3137, 3429
SB 212 --Ocean Science Center of the Atlantic Commission; vest title
to all treasure and treasure trove in the State __-...-..._.11021
1104,1163
3700
INDEX
COMMITTEE REPORTS (INTERIM) (See Named Committee}
Agriculture and Natural Resources Committee of Senate; Tobacco Sub
committee Interim Study Report __________ _------_----------_-- ... 3612
Airport and Aviation Industry Interim Study Report ..................................S447
Automobile, Ad Valorem Tax Interim Study Report .......................... .----3443
Capital Punishment Interim Study Report --------_.----------._--__----..3451
Children, Pre-School Care Interim Study Report ----------------------------3549
Collection Agencies, Regulation of Interim Study Report .--..----__------3459
Drunk Driving Interim Study Report --------------------------------._3460
Election Laws Interim Study Report _--.----------------_------...._..___....------..3478
Firemen, Training Academy, Georgia Interim Study Report .__ __..__..__.----3482
Game and Fish Committee Enforcement Officers Interim Study Report --3490
Highway Grants Interim Study Report ..----------------._. ----....----.--..--3495
Highways Laws Interim Study Report ------------ -------------------- 3498
Horse Back Riding Facilities Interim Study Report --............------ -------3504
Institutions and Mental Health Interim Study Report _--------_--------_3506
Invasions of Privacy Interim Study Report _._....._.........--.__....__.__------.----3513
Juvenile Court Laws Interim Study Report _______--._.----...------.___._.--3514
Mental Retardation Interim Study Report ---- --___ ....... ........ 3525
Mining Operations--Surface Interim Study Report __..._._.._...--....----------3586
Motor Vehicles Interim Study Report _______....____.....___.._____._....__......_______.----3529
Natural Resources Interim Study Report ______ ___________________________------------3531
Oceanographic Study Interim Study Report ______________________________ ___3534
Pari-Mutuel Interim Study Report ___...----..............._......._...._..,,.._._....------3538
Penal Institutions Interim Study Report _--------__--------_------___ ..............3545
Property Evaluation Sub-Committee Interim Study Report --------.--.--3474
State Institutions and Property Income Producing Properties
Subcommittee Interim Study Report ..........----.....----...___...........--------3583
State Institutions and Property Ports Subcommittee Interim Study
Report
..... .....----..-..-...---3581
State Liaison Office, Washington, D.C. Interim Study Report ,,.--------..3521
Tourism--Development and Promotion Interim Study Report ..--------..3623
Traffic Safety Committee Interim Study Report _.___..----___------------,,-.....3626
Teacher Certification Policies Interim Study Report .___________..........._.______ 3605
Teacher's Retirement System Interim Study Report ...------_--------------__3469
State Claims Interim Study Report ______ ______________--------_----------------3456
University System of Georgia Interim Study Report ----------------------3637
Workmen's Compensation Laws Interim Study Report --__----.--------3650
COMMITTEES (See Named Subject)
SB 270 --Advisory Committee on Retirement Systems; create --------.__. ____..________ ..1103, 1105, 1164, 2991
HR 450-973 --Agricultural Experiment Stations; create to study ___________________________________ 286, 331, 341, 1201
HR 334 --American History; textbook revision lists; create study committee --___------_------_(No action in 1968)
HR 889 --Aviation Study Committee; create ----------------------3203
INDEX
3701
HR 817 --Board of Regents, Budget Procedure Study Committee;
create --------._._....._,,______________.........__..........._........___...._...... 2759
HR 838 --Bureau of Criminal Statistics; create to study feasibility
of establishing _____.________._________.__._._____..._._._____.2745, 3112, 3188
HR 776 --Bureau of State Planning; create to study
structure and laws ------.------...------------2184, 2842, 2904
HR 801 --Cemeteries; study committee to study regulations;
create -------------- .--------------------------2463, 2594, 2758
HR 289 --Central Computerized Criminal Records System Study
Committee; create .._._____....._____.______________ (No action in 1968)
HR 862 --City and County governments; merging of;
study committee
...
2921, 2990, 3189
HR 837 --Committee on Care and Training of Pre-School Children;
recreate ___.,,________..___._____.___._. .--------........-- __----------. 2744
HR 836 --Committee on Private Financing of Student and
Faculty Housing; create .--..___..__.,,_.__._........._..__................2743
HR 318 --Community Antenna Television Services Study
Committee; create __..._...._._._.._.._._.___.._....(No action in 1968)
HR 268-831 --Corporation Code Study Committee;
create _._........._..............,,..._.._...._......._._.....(No action in 1968)
HR 772 --Crime among juveniles; create study committee --------..2181
SR 110 --Criminal Records Study Committee; create ........... 2843, 3277
HR 203-687 --County and municipal airports; create
to study cost of repairing -------------- (No action in 1968)
HR 833
--Courts below the superior court level; create study committee __...____.____.____.___..........._____._______________.2740, 3112, 3188
HR 353 --Day Care Centers, Mentally retarded;
create study committee . --------------(No action in 1968)
HR 286 --Defense and Veterans Affairs; to function
after adjournment ................................__ (No action in 1968)
HR 891 --Department of Mines, Mining and Geology;
create to study reorganization _________.________________________.______.3204
HR 800 --Driver Education Study Committee; create ... 2462, 2990, 3186
HR 319 --Driver Education Study Committee;
create _................._.......... ...._.................-..(No action in 1968)
HR 333 --Eavesdropping Study Committee;
create ------------......----------------........ (No action in 1968)
HR 283 --Election bills; create to study bills pending
in House ......_.._._..._...............__.__......_._..... (No action in 1968)
HR 490-1060--Election Laws Study Committee;
create _......_..._......_........_......... ..........380, 465, 509, 633, 1804
HR 287 --Employment by state government;
study ..................._......................._._.._.._._...(No action in 1968)
HR 351 --Examining Boards Study Committee;
create ....... (No action in 1968)
HR 700 --Exceptional Children; Council ._..._..___.......... 15, 77, 3113, 3184
HR 231 --Fair Housing Laws Study Committee;
create ._...__.............._...._........_...._......._...... (No action in 1968)
HR 278 --Fallout Shelters Study Committee;
create ----------------------------------.-(No action in 1968)
3702
INDEX
HR 561-1220--Fertilizers and insecticides; joint committee to
study standards ______...._._._____.___.._.__.____.____.823, 881, 1098, 2749
HR 774 --Firearms Safety study committee; create .-2182, 2593, 2630
HR 656 --First grade teachers; create study committee to study
method for providing additional incentives 1271, 2592, 2628
HB 380 --Fiscal Affairs Subcommittees; create;
House and Senate _._.________.._.--......_..___.__._ (No action in 1968)
HR 803 --Forest products; study committee to study
transportation; create ..........--............... .....2465, 2594, 2759
HR 234 --Fulton County Airport Authority Study
Committee; create ...._.........-------.....,,-.(No action in 1968)
HR 354 --Gasoline purchased by State agencies;
create to study ......_..._........._......._._.........(No action in 1968)
HR 445 --Georgia Fireman Training Center; create to
study establishment ..............................................264, 508, 761
HB 1065 --Georgia Higher Education Assistance Committee;
create ..
.. . .... .... 381, 466, 606, 705, 1450
HR 802 --Georgia Housing Administration; create study
committee _..._.._............._.......................__........_.._.............._. ...2464
HR 594-1241--Georgia Housing Administration; joint committee to study
feasibility of establishing ................................876, 936, 1101
HB 1064 --Georgia State Scholarship Commission; public relations and
information programs _...:._.............381, 466, 606, 705, 1450
HR 585 --Governmental Immunity Study Committee;
create ........ .. ....784, 1101, 1246
HR 103 --Governmental Immunity Study Committee;
create ....................._........_............._._.........(No action in 1968)
HR 781-1631--Governor's Traffic Safety Study Committee;
create ........__._...._..._._......_..............2227, 2348, 2354, 2449, 3426
SR 253 --Governor's Traffic Safety Study Committee;
create -_____..-..-._............_.........--.._..-..-_-........2620, 2710, 2840
HR 729-1582--Governor's Traffic Safety Study Committee;
create ...... ...._...................._........................_........._..1974, 2081
HR 871 --Grain Storage Facilities Study Committee; create ..... .....3049
HR 277 --Health and Hospitalization Insurance Study
Committee; create ._.___..._--..-..,,.._..______. (No action in 1968)
HR 845 --High school graduates and University System of
Georgia Study Committee; create . _._______._____.__..._.____._.__2910
HR 451-994 --Highways and public roads; interim study committee;
enactment of new laws __..............._..291, 335, 986, 2033, 3402
HR 252-783 --Horseback riding facilities in State Parks;
create to study desirability _._......._....._.(No action in 1968)
HR 251-783 --Hospitalization; create study committee
to investigate .........._._.._............._............(No action in 1968)
HR 229 --House of Representatives; and State Board of
Education; liaison committee _.......___...(No action in 1968)
HR 254 --Housing Study Committee; create to
study needs _._._......._.._........--.----...------(No action in 1968)
HR 579 --Insurance rating laws; create study committee ..781, 942, 1245
HR 177 --Intangible Tax Study Committee;
create ...................................-.--............._.(No action in 1968)
INDEX
3703
HR 137-390 --Juvenile Crime Study Committee;
create ..........._._...._..._...._..._.......__................ (No action in 1968)
HR 771 --Laboratory Licensing Study Committee;
create _______ ...._._._______....____..__..____________________._.___.2180, 2352, 2629
HE 381 --Legislative Audit Committee; create ...... (No action in 1968)
HR 777 --Lobbyists; create study committee to study
regulations ... _...............--..............._......_..............................2185
HR 657 --Mechanics' and Materialmen's liens; create study
committee ............................................._..._...__.1272, 1448, 1587
HR 285 --Mental Health Study Committee;
create .........................-.._....----.._._.______._..(No action in 1968)
HR 792 --Mentally ill children at Central State Hospital; create
committee to study advisability of utilizing space
at Battey State Hospital __.................._._._._....................._. 2454
HR 704
--Metropolitan Airport Council; create study committee .__._..._..................._.....__._..__.__._._._-.1579, 1800, 2150
HR 839 --Milk control and distribution; create study committee .___2746
HR 884 --Middle Georgia Educational Facilities Study Committee;
create ...........__._............_........_..........._-...._..----------3200
HR 799 --Motor pools; create committee to study advisability
of State establishing ________._.._._________..._..._._____.2461, 2704, 2757
HR 125-312 --Motor Vehicle Inspection Law Study
Committee; create _._______--------_.------___--(No action in 1968)
HR 505 --Motor Vehicle Liability Insurance Study Committee;
create ...._....._...__.._......._._.__..__.._........_...._.418, 502, 2702, 2747
HR 703 --Motor Vehicles Study Committee; create ..... 1581, 2593, 2751
HR 804 --Municipal grants; create study committee to study
merit of basing distribution _,,_________________.__.______._.__________2466
HR 832 --Nonpar Banking Study Committee; create ...2740, 3111, 3187
HR 337 --Parimutuel Betting Study Committee;
create ............................. ..----_______._,,.... (No action in 1968)
HR 835 --Phonograph records and magnetic tapes; create to
study effect on juveniles __.._,...................._............_..._..__....2742
HR 288 --Pre-School Children Study Committee;
create .....................--,,..-........-.__.............. (No action in 1968)
HR 279 --Privately owned aircraft; create study
committee ___.______-..__-._--..___-__.._________________ (No action in 1968)
HR 705 --Profit and nonprofit corporations; create study
committee .......___._........___.._.-....._..._.__..__..........1581, 1799, 2150
HR 578 --Public housing study committee; create ______..________.____..________779
HR 331 --Public Officials; create to study fees ......(No action in 1968)
HR 230
--Public Utilities and Transportation; request Speaker to appoint standing committee ._..._.._..._.--.(No action in 1968)
HR 861 --Recreational Waters Pollution Study Committee;
create ._.........._.......--...__...-_---_._...__......._.._._--....__..--.__.--.__.2921
HR 352
--Retirement and Emeritus Pay; create study committee ,,.______.______..--________________ (No action in 1968)
HR 507 --Rockfish Study Committee; create _._..............._.....419, 604, 762
HR 714-1514--School drop cuts; create interim study
committee ...._......._...._..__..-..--_...___.__.....__.._.._._.1783, 1980, 2592
3704
INDEX
HR 655 --Shad Fish Study Committee; create _.............1271, 1987, 2148 HR 455-1013--Shad Fish Study Committee; create ............323, 388, 470, 689 SB 251 --Sheriffs; Governor's investigation committee to study
charges against; create ....1103, 1105, 1163, 2844, 3141, 3430 HR 903 --Southeast River Basins Study Committee; endorse
recommendations .._._._....-.______.___._._._...._.........._...-------- .3213 HR 235 --State Board of Corrections Study
Committee; create _...................... .......... (No action in 1968) HR 797 --State Board of Pardons and Paroles Study Committee;
create ........ ............. _______...___.__...___ 2459, 2704, 2755 HR 68-153 --State Claims Study Committee; create ....(No action in 1968) HR 87S --State Department of Conservation Study Committee;
create ....................................................... ............_................ 3194 HR 63-141 --State Department of Motor Vehicles;
study creation of ...-.........------(No action in 1968) HR 414-923 --State Department of Urban and Municipal Affairs;
create to study feasibility of establishing _...........__..160, 196, 394, 2194, 3422
HR 707 --State Employees' Retirement System; create study committee ........ .........................................._..._...........1582, 2704
HR 659 --State Examining Boards; create study committee .---.....1264
HR 282 SR 254 HR 708 HR 778 HR 336 HR 60 HR 30 HR 584 SR 246 HR 419
--State Game and Fish Commission Study
Committee; create ._....._-_..____.______....___-__ (No action in 1968)
--State Government Employment Study Committee;
create ......... _______________________________ 2902, 2904, 2989
--State Grants; create study committee to examine
methods of distribution _._..____.__________.._ ____________1583, 2752
--State Income Tax; create study committee _._.2185, 2238, 2449
--State Income Tax Returns Study Committee;
create
._._.._...(No action in 1968)
--State Legislative Building Study Committee;
create ......... . ____.__._----____________.....__..--(No action in 1968)
--State Minimum Wage Law Study Committee;
create ................. ...._..............___........._...(No action in 1968)
--State Minimum Wage Law; create study committee ________784
--State officials and employees; create to study
salaries ........... .................................... _______ 3170, 3216
--Tax structure; create to study ........ 169
HR 793
--Teachers; create study committee on compensation, retirement and ancillary matters ............... 2455, 2592, 2754
HR 773 --Teachers; Tenure Study Committee; create ....2181, 2592, 2753
HR 815 --Truck License Study Committee; create __ .____2638, 2990, 3186
SR 178
--Uniform Consumer Credit Code Study Committee; create ....... .....1517, 1527, 1529, 1664, 3012, 3034, 3313
HR 296
--Uniform Consumer Credit Code Study Committee; create .......... __________________(No action in 1968)
HR 290
--University of Georgia Student Housing Study Committee; create ....... .........................(No action in 1968)
HR 332
--Veteran's Service Officers' Training School; committee to attend at Augusta, Georgia .. -- (No action in 1968)
HR 798 HB 870
INDEX
3705
--Water well drillers; create to study regulations ------ ...------.----....-2460, 2703, 2756
--Wild Dog Study Committee; create ............3048, 3113, 3190
COMMON DAY OF REST ACT OF 1968
SB 204 --Create
.------------ ..-----................603, 607, 665, 939
COMMUNICATIONS
HB 1206
--State Communications and Data Processing Management Board; create .........................................................725, 826, 1321
COMMUNISM HR 444
--Supporting United States policy against Communist Aggression ....... ----.----------------------..----_.----.-------- 262
COMMUNITY ANTENNA TELEVISION SERVICES HR 318 --Study Committee ..----.........-...----..___..._. (No action in 1968)
COMPACT FOR EDUCATION SB 41 --Georgia be party to -----.--------1526, 1528, 1662, 2841, 3325
COMPENSATION
(Resolutions Authorizing) (see Named Person)
HR 423-932 --Arnold, Jack Lee ..............................185, 220, 1798, 2028, 3422
HR 50-134 --Arnold, William Harvey .......................................--------..-3419
HR 526-1114--Barton, Paul C. ----------...... ........493, 601, 1798, 2029, 3423
HR 452-999..--Boston Seed Company _..._..._...._......... 292, 336, 1797, 2025, 3422
HR 384-880 --Brown, Alton
...... 130, 163, 1797, 2022, 3420
HR 61-140 --Collins, Joe
................... ....(No action in 1968)
HR 62-140 --Collins, Mrs. P. R. _....----------......----..-(No action in 1968)
HR 712-1486--Contine, Marie Yvette ----..------1657, 1794, 2233, 2304, 3425
HR 533-1156--Couch, William; Heirs - .------------597, 664, 2233, 2302, 3423
HR 194-604 --Covington, J. B. _._.------------------------------2234, 2299, 3420
HR 528-1156--Darden, L. D. ------------------------.596, 663, 1798, 2027, 3423
HR 542-1183--Echols, Miss Margaret .----......----654, 730, 1798, 2027, 3424
HR 685-1477--Fales, Robert M. .-..--------.-...--1655, 1792, 2233, 2303, 3425
HR 483-1087--Ferguson, Mrs. J. E. ---------.----.375, 460, 2234, 2302, 3423
HR 478-1029--Fitzpatrick, Clyde N. --------------327, 391, 2233, 2301, 3422
HR 482-1037--Grant, A. H. ..............___...........--------375, 460, 1798, 2026, 3423
HR 82-209 --Grantham Transfer and Storage Co.,
Inc. .----------------------------... (No action in 1968)
3706
INDEX
HR 615-1320--Green, Mrs. Louie Mae __.._.________1091, 1161, 1798, 2030, 3424 HR 550-1206--Griffin, Burch ____..___________._.___.___.____726, 827, 1797, 2028, 3424 HR 454-1013--Hamby, W. B. _...._....__._......._........_.__323, 388, 1798, 2025, 3422 HR 428-941 --Harrison, Mrs. Geneva J. ............._._188, 222, 1797, 2024, 3421 HR 437-952 --Hewell, Anita L. ..,,......_._.,,_._.....__.__....._......_...__...._......__.217, 295 HR 380-855 --Hinely, Joseph E., Jr. ___.____._____________.23, 134, 1797, 2021, 3420 HR 532-1156--Holbrook, Mrs. Ruby Odell;
Holbrook, Robert Andrew ....._...._.597, 664, 2234, 2302, 3423 HR 429-944 --Horton, William Prank .........__.._......214, 293, 1797, 2024, 3421 HR 424-941 --Housch, Robert A. ........___________________.187, 222, 1797, 2023, 3422 HR 605-1295--Jones, Laurie M. ____._____..__.____________.974, 1095, 1798, 2028, 3424 HR 404-912 --Jones, Miles A., Jr. ___________._______________.157, 193, 1798, 2023, 3421 HR 614-1320--Kammer, Morris; Rammer, Mrs. Morris .._.__........1091, 1161 SR 197 --Kennedy, Henry C. .._______.____________....___._______.____1804, 1809, 1987 HR 403-912 --Lord, James C. .. .... ......__......._.._._._...156, 193, 1798, 2022, 3420 HR 24-56 --Lovedahl, Odell ..............._........____.___._..__......(No action in 1968) HR 519-1103--Macon, City of .........._....._._.............__........___..._....._._......___490, 599 HR 449-973 --Maddox, J. W. ........_.................-_...._.._...___.__.._._._..._.._.......286, 331 HR 481-1037--McGahee, R. M. ______......__.___...__.__.______._.__..__..375, 460, 1798, 2025 HR 534-1179--Mincey, Carroll J. ..............................653, 729, 1797, 2027, 3423 HR 402-912 --Moncus, Eugene G. ..............___._.._....156, 193, 2233, 2299, 3420 HR 604-1288--Moody, M. K. ........._..._..............__....__..934, 984, 1798, 2028, 3424 HR 595-1243--Parks, Billy W. ........_._.-._......._...._.__.877, 937, 1798, 2029, 3424 HR 621-1348--Phillips, James E., Jr. _._......_......_._..__.__..._................._.1156, 1225 HR 456-1013--Phoenix Air Conditioning _......_..__..323, 388, 2233, 2300, 3422 HR 549-1200--Pitts, Glawer ___.____________.___.....___________724, 826, 2234, 2303, 3424 HR 480-1037--Pope, Mrs. Eura Mae ...................._._.374, 460, 2233, 2301, 3423 HR 448-973 --Pope, Mrs. Hershel V. __........_._.........286, 331, 2233, 2300, 3421 HR 123-311 --Ravan, Clyde _....._......_,,.__....___.._.. (No action in 1968) HR 385-880 --Ravan, Clyde, Community
Grocery _........._..._.._._._._..............._._.__130, 163, 1798, 2022, 3420 HR 499-1089--Renfroe, Claude H., Jr. __...........______.457, 495, 1797, 2026, 3423 HR 610-1297--Riggins, Mrs. Francis B. _____._._..._.975, 1096, 1798, 2030, 3424 HR 500-1089--R & R Sales Company ___________,,._._._... 457, 495, 1797, 2026, 3423 HR 159-478 --Strickland, C. R. _._.....-......_..___..____.........-.. (No action in 1968) HR 457-1013--Thomas, Wallace ............_.-...__.____....323, 388, 1797, 2025, 3422 HR 710-1479--Thompson, Irene _._._...___.._..____________1656, 1793, 2233, 2304, 3425 HR 435-952 --Walker, Wendell .._.....__.._............__._._.217, 295, 1797, 2024, 3421 HR 720-1522--Wall, Donald L. _...__._.__._._.___.__..________-_--__.._._.__..__.._______-1785, 1982 HR 427-941 --Whitaker, Mrs. Daphne ........._....._..188, 222, 2233, 2300, 3421 HR 410-917 --White, E. C. _._._._..._._-_____-_....-.........__.158, 194, 1798, 2023, 3422 HR 108-252 --White, Mrs. Vonceille T. ______._________________.______2233, 2298, 3419 HR 555-1216--Williamson, Mrs. Frances J.;
Williamson, James M. ..........................__...._._.._._._......821, 880 HR 388-885 --Winston, Oroon D. ___.._..__..___..___........_......._.____..-.._.__....___.131, 164 HR 183-555 --Wisham, Lee _._........._.-......._.____-__.___...__............_.1797, 2021, 3420 HR 556-1216--Wylie, Mrs. Emily ................__.........__._-..___._._.____...._._____.821, 880
INDEX
3707
COMPTROLLER GENERAL
HR 609-1296--Elected in the same manner as the Governor; amendment to the Constitution __.._______._ ____________________975, 1095, 1101, 2056, 3424
HB 1423 --Tenure salary increase ... . 1311, 1444, 1801, 1803, 2332, 2468, 2655, 3226, 3227, 3278, 3284, 3335, 3339
CONASAUGA JUDICIAL CIRCUIT HB 1519 --Judge's salary ___._._....._. _______ _ 1784, 1981, 1988, 2097, 2847
CONCRETE HB 985
--Trucks transporting; special permits ____________ 289, 333, 474
CONDEMNATION PROCEEDINGS
HR 420-932 --Airports; relocation of occupants; amendment to the Constitution _____ 185, 220, 341, 1099, 1425, 1496, 1570, 2499
HB 989 --Appeals by owner of land ......-......______.,,_......._.__ ___.__...._.290, 334 HR 536-1179--Fair market value; amendment to the
Constitution __________________________ _._______..__....____________653, 729, 1446 HB 880 --Court costs; responsibility for payment _...._...130, 163, 1446 HB 1291 --Payment of costs and fees _...________..__._..______..___...____..____973, 1094 HB 1363 --Private ways by individuals and corporations;
amend procedure _________________________.___________..__1218, 1312, 1446
CONFIDENTIAL COMMUNICATIONS
HB 1477 HB 393
--Physician and patient; privileged information _________________ ____.______...__.________..____ 1655, 1792, 2088
--Physician and patient; privileged information ............ __..-.--..-..(No action in 1968)
CONGRESS: MEMORIALIZE
HR 580 HR 653 HR 232 HR 654
--Daylight Savings Time; requested to initiate federal legislation to shorten ........ ._..______--_.__._______.______._____780
--Presidential Elections; requested to provide pro portional counting on electoral vote __-________.._._.._1269, 1449
--Request unseating of Adam Clayton Powell ________________________________________________ (No action in 1968)
--Veterans; urged to pass certain bills affecting ___________ _..____.._______._..______...._.____....___1270, 1319, 1586
3708
INDEX
CONGRESSIONAL DELEGATION
SR 223
--Promote closer liaison with Governor and General Assembly .....
2851, 2902, 2988
CONSERVATION
HB 786 HB 1248 HR 878
--Land and Water Conservation Fund Act; create within State ...................._......_.._._. (No action in 1968)
--State Council for the Preservation of Natural Areas; create _._.___...__.._._._________._.__.._...927, 978, 1520
--State Department of Conservation Study Committee; create .......... ......__......_..............--... ..............3194
CONSPIRACY HB 851 HB 781
--Conspiracy to commit a crime shall be a crime ........... ... ...........................22, 133, 393, 483, 1104
--Create the criminal offense . ...... ...... --...339
CONSTITUTIONAL AMENDMENTS (See Named Subject)
HR 611-1301--Acworth, City of; homestead exemption for
residents 62 years of age or over ....... 976, 1096, 1099, 1192,
1667
HR 400-912 --Ad valorem tax assessments;
homestead exemptions ................................--...............156, 193
HR 736-1611--Ad valorem tax; educational purposes; exempt persons
70 years of age or over _....................._......_............. 2074, 2231
HR 36-104 --Ad valorem tax; exemptions .. ..................... (No action in 1968)
HR 83-209 --Ad valorem tax; homestead exemption; change from
$2,000 to $4,000 .......(No action in 1968)
HR 537-1179--Ad valorem tax; homestead exemption;
$4,000 exemption for persons
65 or older .........._.............._..653, 729, 1802, 2784, 3315, 3319
HR 620-1348--Agricultural products; provide programs for
promotion and control -.1156, 1224, 1318, 1867, 3000, 3066
HR 658-1406--Annual appropriations; provide for ....... 1308, 1441, 1797, 2213
SR 218 --Atlanta, City of; bonds for school
facilities; referendum ........... 2243, 2246, 2349, 2703, 2724,
3000
HR 713-1512--Atlanta, City of; establish Historic
Zone ....
...
..............1659, 1795, 2235, 2263, 3425
HR 613-1309--Bainbridge-Decatur County Beverage
Control Board; create
............
978, 1098
HR 726-1556--Baldwin County; authorization to levy annual
registration tax ...._._.._......__.._... 1970, 2078, 2089, 2275, 2850
HR 722-1544--Blue Ridge, City of; create Industrial Development
Authority ..................... ----.....1789, 1984, 2089, 2142, 2850
INDEX
3709
HR 628-1373--Brantley County Industrial Development
Authority; create __.._._..__.1220, 1314, 1448, 1461, 2564, 2935
HR 504-1093--Bryan County Industrial Development
Authority; create .----- 497, 605, 679, 1669, 1854
HR 412-917 --Butts County Industrial
Authority; create ......---- . 159, 195, 198, 252, 1667
HR 485-1050--Calhoun County Development Authority;
create
........
377, 462, 989, 994,1669, 1853
HR 496-1084--Camden County Development Authority;
create ___.___..__.........................__.____.___ 386, 470, 989, 1000, 2244
HR 413-923 --Capital punishment; abolish ........... 160, 196, 471, 1963, 1964
HR 609-1296--Certain state officials elected in the same manner
as the Governor _ ... _ 975, 1095, 1101, 2056, 3424
HR 13-16 --Chatham County, City of Savannah; planning
and zoning ordinances for historic
purposes
......... ....
886, 1199
SR 224 --Chatham County Tax Commissioner;
appointment ............ 2243, 2246, 2349
HR 606-1295--Cherokee County Airport Authority;
create __.._........._....... 974, 1095, 1100, 1183, 1667
HR 667-1435--Chattahoochee County; Charter Commission;
create .,,....._......................__........._...1432, 1512, 1665
HR 475-1020--Chattahoochee County Industrial Development
Authority; create ................... S25, 390, 394, 531, 1668, 1851
HR 675-1458--Chattooga County Board of Education;
election .--.-...............-----.-1507, 1660, 1800, 1827, 2565
HR 676-1458--Chattooga County; motor vehicle ad valorem tax;
when proceeds used ..............1507, 1660, 1800, 1829, 2565
HR 664-1435--Cherokee County; establish fire protection
districts ____....._.___......._._...,,---- 1431, 1512, 1800, 1821, 2564
HR 633-1401--Clarke County Board of Education;
election ------------------..------1306, 1440, 1448, 1564, 2244
HR 529-1156--Clarke County, City of Athens; ad valorem
tax procedure ......--,,,, 597, 663, 667, 753, 2849
HR 453-1002--Clay County Development Authority;
create -.-.-------------.-- 321, 386, 472, 1668, 1850
HR 629-1373--Cobb County; Education District No. 2;
composition --..------------...-1221, 1314, 1320, 1464, 2244
HR 660-1410--Cobb County; incorporation of territory;
referendum
..........._......... 1308, 1442, 1448, 1567
SR 194 --Cochran-Bleckley School Systems;
merge .------.----...----..----.... -.1323, 1324, 1444, 2354, 2606
HR 535-1179--Colquitt and Miller County Development
Authority; create -....-------------653, 729, 735, 836, 2243
HR 544-1191--Columbus, City of; charter commission to study
consolidation with Muscogee County;
create ......_..__............656, 732, 735, 845, 1323
HR 503-1090--Constitutional Convention; calling for ___.___.________________457, 496
HR 502-1090--Constitutional Convention; provide in 1969 ................457, 496
HR 624-1354--Cordele, City of; Office Building Authority;
create _.__. .._____ ------ ............1158, 1226,1227,1348, 2244, 2934
3710
INDEX
HR 433-952 --County Boards of Education; members' election ........... ..................................... ..... 216, 295
HR 732-1597--County government; powers . ... 2072, 2228, 2353, 2598, 3426 HR 557-1216--Coweta County School System; merge with City
of Newnan independent system ....... 821, 880, 941, 1007, 1670, 1857
HR 486-1050--Coweta County; water and sewerage; additional indebtedness .......... ....... 378, 463, 507, 552, 887
HR 674-1450--Crisp County-Cordele Industrial Development Authority; create ............1435, 1515, 1519, 1721, 2245, 2935
HR 669-1440--Dalton, City of; Building Authority; create ... ............. ... 1433, 1513, 1519, 1702, 2245, 2647, 3035
HR 670-1440--Dalton-Whitfield County Development Authority; create .................... 1433, 1513, 1519, 1715, 2244
HR 411-917 --Death sentence commuted to life imprisonment; parole ......... ..... ..... .. .................... 158, 195, 299, 450
HR 559-1220--Decatur, City of; revenue obligations; authority to sell and issue .......................... 822, 881, 989, 1018, 1667
HR 684-1477--Decatur County-Bainbridge Industrial Development Authority; create ...... 1655, 1792, 1800, 2006, 2850, 3052
HR 408-912 --Decatur County; Justices of the Peace; increase jurisdiction ....................... 157, 194, 198, 249, 887
HR 29-79 --DeKalb County; police forces; reimbursement to municipalities for maintenance --------(No action in 1968)
HR 398-912 --Department of Industry and Tourism; create ......................._......................_...._ 156, 192, 2592, 2958
HR 156-453 --Disabled veterans; increase homestead exemption ........_........._.... .... ............._.. (No action in 1968)
HR 543-1183--Dodge County-Eastman Development Authority; create; amendment to the Constitution ....... ........... 517, 655, 730, 735, 839, 1669, 1855
HR 678-1464--Dooly County Industrial Development Authority; create .... ...... ..... 1508, 1661, 1800, 1832, 2565
HR 607-1295--Dougherty County and City of Albany; merge and consolidate ..... .... .... -974, 1095, 1099, 1187, 1667
HR 687-1477--Douglas County; water, sanitation, sewerage and fire protection districts; establish .---- 1655, 1792, 1800, 2017, 2850
HR 378-853 --Driver education; traffic fines and forfeitures; allocation ....._..___.. .... ........................ ................. 23, 134
HR 406-912 --Early County Development Authority; create ............_._......_......_...._... 157, 193, 198, 237, 1668, 1849
HR 191-597 --Educational tax levy; change millage limitation ..... ...._...._... ......._._.. ....... (No action in 1968)
HR 632-1401--Effingham County Industrial Development Authority; create ...-----1306, 1440, 1448, 1558, 2244, 2394
HR 377-853 --Elbert County Industrial Building Authority; create ___.....___......... ...... ....... 23, 134, 137, 226, 1668, 1849
HR 536-1179--Eminent domain; fair market value ......... 653, 729, 1446
INDEX
3711
HR 420-932 --Eminent domain; airports; relocation of
occupants .........__.........__..185, 220, 341, 1099, 1425, 1496, 1570,
2499
HR 631-1401--Evans County Industrial Development
Authority; create ___......_......_._.1306, 1440, 1448, 1554, 2244
HR 593-1241--Fayette County; water, sewerage and fire protection
districts .,,....-,,- 876, 936, 941, 1021, 1667
SR 207 --Floyd County Board of Education; staggered terms
for members ..,,.,,. 1666, 1677, 1797, 2593, 2610
SR 182 --Floyd County Board of Education; Workmen's
Compensation .......... 886, 887, 938, 1448, 1467
HR 679-1465--Fulton County; ad valorem tax levy .....,,.___ 1509, 1661, 1799
HR 724-1550--Fulton County; establish public parking
facilities .....
1789, 1985, 2235, 2272
HR 66-153 --Fulton County; motor vehicle license tags;
idemnification to tax commissioner .... (No action in 1968)
HR 731-1589--Fulton County;
tax levies
....._._.
... 1976, 2083, 2593, 2626
HR 725-1550--General Assembly members; election;
four-year terms ___....__..._...._.. . 1789, 1985, 2089, 2476, 3426
SR 205 --General Assembly; meetings ..........__.___1666, 1677, 1796, 1801
HR 719-1522--Gilmer County; Tax Commissioner;
authorization to collect tax
fi. fas. _._._._.._...____._........._...__.__..1785, 1982, 1989, 2139, 2850
HR 738-1616--Glascock, City of; create Industrial
Development Authority __..2075, 2232, 2236, 2429, 3314, 3345
HR 322-838 --Governor; election .....
..
... 14, 736
HR 6-1 --Governor; runoff elections ----.....197, 341, 3169, 3173, 3234,
3236, 3315, 3378, 3433
HR 42-131 --Governor; succession ___ . ................. -- (No action in 1968)
HR 618-1345--Governor; succession __.._........_.._._.__............._..--_.._.._...1155, 1224
SR 157 --Governor's appointments; Senate
confirmation _._________......._._________._.__.___.. 2565, 2566, 2590, 2704
HR 806-1653--Gwinnett County Board of Education;
filling of vacancies ....__..,,_.._..___.2589, 2697, 2702, 2873, 3427
HR 785-1636--Gwinnett County; employees and officials;
create Merit System ___.__.________.2343, 2557, 2593, 2603, 3427
HR 663-1427--Henry County; County manager form of
government; provide ..,,.--.--...1430, 1510, 1519, 1689, 3425
HR 662-1427--Henry County Water Authority;
tax levy ....._..___.._.._.......__..___.... 1429, 1510, 1519, 1689, 3425
HR 681-1473--Henry County; water and sewerage; additional
indebtedness
. --1654, 1791, 1799, 1999, 3425
HR 491-1063--Homestead exemption; ad valorem tax;
municipalities ......_..............._...._._.. 381, 465, 1521
HR 263-801 --Homestead exemption; disabled
veterans -------______--_ -- .._.....(No action in 1968)
HR 405-912 --Homestead exemption; increase .--._..--- _._..._.___________ 157, 193
HR 436-952 --Homestead exemption; extend for
disabled veterans ._---..--.. 217, 295, 2595, 2798, 3421
3712
INDEX
HR 434-952 --Household and kitchen furniture; exempt ad
valorem tax ._......___. .... ............................. 216, 295, 2627
SR 261 --Houston County Building Commission;
create ............. ...... .... .............. 2708, 2710, 2841, 3112, 3120
SR 250 --Houston County; create Special
Court ...... --- .......... .--....---.2708, 2710, 2840, 3112, 3117
HR 399-912 --Industrial Development Authorities; creation by
counties and municipalities .......156, 193, 832, 2981, 3420
HR 784-1636--Industry and Trade, Department of; reimbursement
of certain expenses ................... 2343, 2557, 2592, 2802, 3404
SR 209 --Jackson County Industrial Development
Authority; create ....................... 1666, 1677, 1797, 2842, 2876
HR G27-1367--Jasper County Industrial Development
Authority; create .....................-1219, 1313, 1448, 1456, 2243
HR 401-912 --Judiciary Commission; establish ...................... - 156, 193
HR 93-219 --Justices of Peace; civil cases;
jurisdiction ............... ...... ...... .... . ... 1448, 2521, 3419
HR 110-252 --Justices of Peace; jurisdiction .. . (No action in 1968)
HR 407-912 --Lee County Development Authority;
create .............. ......................------157, 193, 198, 243, 1666
HR 489-1050--Lieutenant-Governor-Elect; succeed to Governorship;
Governor-Elect ........................380, 465, 509, 618, 1322, 2932
HR 548-1200--Lincolnton and Lincoln County Development
Authority; create ----------724, 826, 830, 891, 1669, 1856
HR 711-1479--Local school systems; particular tax shall be
allocated . .
...... ... 1656, 1793
HR 682-1473--Lowndes County-City of Valdosta; governing authority;
merge .... .................... ---1654, 1791, 1799, 2002, 2849
HR 779-1627--Macon, City of; ad valorem property tax;
assessment .................................
. .-2226,2347
HR 501-1090--Marietta, City of; homestead
exemption .. . ...... ............... 457, 496, 605, 676, 1669, 1854
HR 723-1549--Mclntosh, City of; create Industrial Development
Authority ..... .................1968, 2077, 2235, 2266, 3314, 3345
HR 521-1103--Medical student scholarships;
repayment of loans ......_.._.._._. .......491, 600, 832, 1288, 3421
SR 213 --Milk sales regulated by General
Assembly ................... -----.1840, 1840, 1987, 2087, 2962
HR 386-880 --Milledgeville-Baldwin County Industrial Development
Authority; create ..............................130, 163, 198, 232, 1666
HR 560-1220--Motor vehicle liability insurance; special assess
ment fees ........................................ ..................... 823, 881
SR 187 --Motor vehicle liability insurance; special assessment
fees for owners who do not carry ....1102, 1106, 1164, 1229,
1800, 2297
HR 625-1354--Municipal corporations; annexation of contiguous
areas; referendum _._......._..........._.._.._._................. 1093, 1163
HR 487-1050--Muscogee County Airport Commission;
create ............ ........................378, 463, 472, 556, 1669, 1853
INDEX
3713
HR 488-1050--Muscogee County; garbage disposal system __...__.....__......____..._........___-__..__-.380, 463, 472, 562, 887
HR 623-1354--Muscogee County; ordinances for policing public property and airport __......___.....1158, 1226, 1227, 1344, 2243
HR 666-1435--Peanuts and pecans; tax exemption ............________.._..._____.___..._.... 1432, 1512, 1516
HR 216-712 --Primaries; power of taxation _.._.........__. (No action in 1968) HR 168-510 --Public improvement projects; compensation of holders
if interest declines in value --_-.___...--.(No action in 1968) HR 447-973 --Pulaski County-Hawkinsville Development
Authority; create ..............._._...._.__ 286, 330, 394, 404, 1667 HR 735-1608--Putnam County Development Authority;
create ....___.-_.._....-_-___.--_.....-.2073, 2230, 2236, 2424, 3426 HR 421-932 --Quitman County Industrial Development
create ...._____..........._..._..._..-_..__..__.185, 220, 298, 397, 1668, 1850 HR 531-1156--Richmond County; adoption of
ordinances ................... 597, 663, 667, 757, 1323 HR 458-1013--Richmond County-Augusta, City of;
tax levy ._..._...__.........._..__......._............_......._ 323, 388, 394, 522 HR 686-1477--Richmond County; public agencies; General Assembly's
powers to create, etc. .._..........._.1655( 1792, 1800, 2013, 3425 HR 740-1616--Rockdale County Board of Education;
debts incurred _.._._._.._.._.. 2076, 2232, 2353, 2601, 3426 HR 237-776 --Sales tax; charitable organizations; exempt
certain property _--.---,,-.---___--..-_._--...(No action in 1968) HR 665-1435--Savannah, City of; ad valorem
tax levy ___._._._____._...______...1431, 1512, 1519, 2135, 3314, 3336 HR 139-399 --Slum clearance; ad valorem tax on increased
value ---.___.---...--.----_..----.-._.---........... (No action in 1968) HR 592-1241--Spalding County; sanitation, sewerage and fire
protection districts __..__...--.__ 876, 936, 1100, 1179, 2564, 2579 HR 396-912 --State Board of Corrections; new board;
composition of members .__._..............___ 155, 192, 2594, 2819 HR 716-1518--State Board of Pardons and Paroles; create; committee
to nominate 3 nominees to fill vacancies ___...-..-.-..__--..--.......-.1784, 1981, 2089, 2457
HR 189-564 --State Constitution; proposed amendments; date for submission to the people --.______...__ (No action in 1968)
SR 149 --State Constitution; provide for new Constitution ................ 1666, 1677, 1796, 2845, 3153, 3431
HR 426-941 --State Council for Removal of Appointed Constitutional Officers; create ___..__....-.......,,.___..._..___......_..__ 187, 222, 1990
HR 397-912 --State Game and Fish Commission; create new Commission ---______-____--__-..--_____--_..._.,,...... ......155, 192
HR 422-932 --State Game and Fish Commission; create new Commission _..__.._..._._..._.185, 220, 2351, 2686, 3384, 3384
HR 49-133 --State Game and-Fish Commission; Director elected by people --......--......--............ (No action in 1968)
HR 415-923 --State Game and Fish Commission; five member Commission _...........__..__..__..__..___._.._. .___..___._____--.160, 196
3714
INDEX
HR 425-941 --State Game and Pish Commission; motor fuel
taxes appropriated for boating and fishing
facilities-- ................. ._.,,.. ...... ......................... 187, 222
HR 786-1643--State Game and Fish Commission; reimbursement
of certain employees ............2345, 2558, 2593, 2807, 3427
HR 518-1100--State Highway Department; appropriations;
motor fuel taxes .... ....... .... ..... ....... _........... --459, 498
HR 677-1458--State officials, elected or appointed; change
in compensation .... ...... . ..... ...... ..... 1507, 1660, 1665
HR 734-1600--Stephens County Development Authority;
create ... .... . ... . ......... --2073, 2229, 2236, 2418, 3426
HR 476-1020--Stewart County Industrial Development
Authority; create ..... ..... . . 325, 390, 394, 537, 1669, 1852
HR 217-712 --Student loans; issuance of revenue bonds --831, 1207, 3000
HR 409-912 --Supreme Court Justices; Supreme Court Judges;
retirement age ..... . - . ..... ....... -- . ... -- .... 157, 194
HR 671-1446--Sylvania-Screven Airport Authority;
tax levy .... ...... .. . .... .........1434, 1514, 1800, 1824, 2564
HR 484-1037---Tattnall County Industrial Development
Authority; create ... ... . .. -375, 460, 507, 544, 1669, 1852
HR 38-106 --Taxation; allocation to local units of
school administration ...... ...... .. ....... (No action in 1968)
HR 41-131 --Taxation; school lunch purposes .... . - (No action in 1968)
HR 181-555 --Taxation; school lunch purposes . ----(No action in 1968)
HR 622-1352--Taylor County Industrial Development
Authority; create ....... .-1157, 1225, 1227, 1339, 2243
HR 608-1295--Teachers Retirement System; allowances to
beneficiaries ..... ..... . . . . .... ....... 974, 1095, 1101, 2480
HR 142-403 --Teachers' Retirement System; create for all
school employees .... ... .. ------199, 314, 1166, 1283
SR 183 --University System of Georgia, Board of Regents;
scholarships ..... ..... ... 2708, 2710, 2840, 2991, 3217, 3431
HR 459-1013--Upson County; Thomastcn, City of; consolidate
Board of Tax Assessors ....... ...... .. . 324, 388, 472, 526, 887
HR 730-1585--Ware County-City of Wayross;
consolidation . .. ........ ........ 1975, 2082, 2235, 2282, 2850
HR 782-1631--Ware County; Sheriff's responsibility, United
States criminal laws - -- .------2227, 2348, 2702, 2718
HR 739-1616--Warren, City of; create Industrial Development
Authority
....... 2076, 2232, 2236, 2435, 3314, 3346
HR 727-1560--Waverly Hall, Town of; create Development
Authority . . .. ------1970, 2078, 2089, 2279, 2851, 2936
HR 668-1435--Webster County Industrial Development
Authority; create ...... 1432, 1512, 1665, 1696, 2245, 2394
HR 619-1345--Woodbine, City of; create Development
Authority
......... . ----.1155, 1224, 1227, 1322, 2244
HR 545-1196--Woodland, City of; create Development
Authority ... .... . - ----657, 732, 735, 851, 1669, 1856
INDEX
3715
CONSTITUTION REVISION COMMISSION
HR 523-1104--Create .....................................460, 498, 1101, 1957, 3375, 3376 HR 680-1466--Create to call for Constitution
Convention ...... ........ . ................. ....... ........ ...... ....1509, 1662
CONSTITUTION, STATE
HR 503-1090--Constitutional Convention; calling for; amendment to the Constitution .......... ..--...457, 496
HR 502-1090--Constitutional Convention; provide in 1969; amendment to the Constitution .............. ........ ..-..-457, 496
HR 523-1104--Constitution Revision Commission; create ................... ..............460, 498, 1101, 1957, 3375, 3376
SR 149 --Provide for new Constitution; amendment to the Constitution .........__.1666, 1677, 1796, 2845, 3153, 3431
HR 189-564 --Proposed amendments; date for submission to the people; amendment to the Constitution ........................... ............. (No action in 1968)
CONSTITUTIONAL CONVENTION
HR 503-1090--Calling for; amendment to the
Constitution
... ..... ................... .457, 496
HR 502-1090--Provide in 1969; amendment to the
Constitution .................................. ................_...._.._._.457, 496
CONSTITUTIONAL GOVERNMENT HB 941 --Georgia Commission; create _._................. .................187, 222
CONSTITUTIONAL OFFICERS
HR 677-1458--Change in compensation; amendment to the Constitution ............. ....... ............................1507, 1660, 1665
HR 426-941 --State Council for Removal of Appointed Constitutional Officers; create; amendment to the Constitution ...... ............................................187, 222, 1990
CONSUMER CREDIT
HR 296 SR 178
--Uniform Consumer Credit Code Study
Committee; create . .
.. _ _._._...(No action in 1968)
--Uniform Consumer Credit Code Study
Committee; create ....-........_ ...1517, 1527, 1529, 1664, 3012,
3034, 3313
3716
INDEX
CONTINE, MARIE YVETTE HR 712-1486--Compensate .
... ..
1657, 1794, 2233, 2304, 3425
CONTRACTORS
HB 1413 HB 1196
--County and municipal assessments and fees;
State contracts ._ . . .
.._-.....-_.--.... --.1309, 1442
--General; State construction; must submit list of all
subcontractors and sub-subcontractors -----657, 732, 831
CONTRACTS HB 1078 SB 214
--Retail Installment and Home Solicitation Sales Act; amend ----------.--------.384, 468, 1115, 1446, 2539, 3409
--Statute of limitations .-669, 670, 733, 1099, 1728, 1799, 2583, 2899
CONVENTIONS
HB 1178
--Political; regulations governing conduct .----------------------652, 729, 736, 1470, 3039, 3084
COOK COUNTY HB 1456 --Ordinary's salary ........... .---1506, 1659, 1664, 1811, 2562
COOK, HONORABLE J. EUGENE HR 393 --Express sympathy for passing of ___.__.__._._.._....__..__ 141, 257
COOK, MR. JAMES L. HR 697 --Express sympathy for passing of ............. ..... - ...... .--.--1596
COOPER, REV. CARL L. --Prayer offered by .............. .............. ...... ,,_...__.-- -------1151
CORDELE, CITY OF
HR 674-1450--Crisp County-Cordele Industrial Development Authority; create; amendment to the Constitution ....................1435, 1515, 1519, 1721, 2245, 2935
INDEX
3717
HR 624-1354--Office Building Authority; create; amendment to the Constitution ._..__.. 1158, 1226, 1227, 1348, 2244, 2934
CORDELE SENIOR LITTLE LEAGUE TEAM HR 564 --1967 team; commend ....................--.-----.-- ---766
CORDELE JUDICIAL CIRCUIT HB 1019 --Solicitor General's salary ... . ... ...325, 389, 605, 672, 1234
CORPORATION CODE STUDY COMMITTEE HR 268-831 --Create ...................................................... (No action in 1968)
CORPORATIONS
HR 938 HB 935 HB 934
HB 939 HB 937 HB 936 HB 1036 HB 940
HB 933
SB 230 HB 1165 HR 705 HB 1296
--Bank services ............. ... .............__..._.186, 221, 666, 1295, 2705 --Banks; capital stock ............186, 221, 666, 818, 923, 1296, 2705 --Banks; capital stock investments,
international or foreign banking ...................................186, 220, 337, 580, 1166, 1362 --Banks; common stock; capital notes or debentures .............. 187, 221, 666, 2059, 3170, 3335 --Banks; credit card plan; state chartered banks .................... 186, 221, 337, 581, 1166, 1363 --Banks; loans on warehousing ___.__..___.___________.186, 221, 337, 581 --Banks; Non-par Banking Bill; charge for payment of checks .._._....._...._._...__._......._........_..... 328, 392, 734 --Banks; Regulated Certificated Bank Act; branch locations ........... 187, 221, 337, 581, 2901, 3077,
3108, 3176, 3256, 3359 --Banks; State depositories; industrial
revenue bonds or bonds or development authorities ... ....185, 220, 337, 580, 2706, 2936,
3169, 3179, 3255, 3323, 3433 --Georgia Business Corporation Act;
create _........._._....._.. 2360, 2398, 2559, 2703, 2984, 3013, 3428 --Non-residents; court's jurisdiction ...................650, 726, 1320
--Profit and nonprofit; create study committee .................................._..._.._....._.........1581, 1799, 2150
--State Income Tax; transfer of property ......._-..........._..__........_.__.974, 1095, 1165, 1417, 2705
3718 HB 520 HB 519
INDEX
--Stockholders; certain information furnished on request ._..___.___.__________. . . (No action in 1968)
--Stocks; preference right, assets upon liquidation and distribution . . - (No action in 1968)
CORRECTIONS, STATE BOARD OF
HB 1237 --Amend laws; define "detainers" . 825, 883, 1099, 1950, 3166
HB 742 --Confinement and rehabilitation
of prisoners; new methods .
2851, 2945, 3168, 3254,
3365, 3373, 3432
HB 1655 --Federal prisoners; jurisdiction . . .. 2589, 2697, 2704, 2891
SB 199 --Georgia Administrative Procedure Act;
place under provisions of Act ..........200, 257, 297, 508, 3098
HB 748 ---Guards, wardens and deputy wardens;
additional powers of arrest . ......_..__... (No action in 1968)
SB 294 --Hospital patients; continuance of care and
treatment when term has expired . .... ._ 944, 950, 984, 1101
HR 1120 --Motor vehicles; authority to purchase ........
494, 602
HR 396-912 --New board; composition of members;
amendment to the Constitution .. .. 155, 192, 2594, 2819
HB 1117 --Penal rehabilitation programs; federal grants . . 493, 602
HB 260 --Prison inmates allowed to enter into
certain contracts ........ -- .. .. .. ....---.. (No action in 1968)
SB 369 --Prison-made products; submit list to
Supervisor of Purchases ..... .. 1670, 1677, 1796, 2844, 3277,
3282, 3282
HB 1119 --Prisoners; authority to hire out to Federal
Government agencies .... .... _.__..._.-_..494, 602, 1101, 2045
HB 1118 --Prisoners; sale, of certain
goods ........................ ... .. 494, 602, 1801, 2045, 3349, 3363
HR 235 --Study committee ....._.................... ........... (No action in 1968)
HB 1593 --Wardens, guards and custodial officers;
oath of office . ...... ... 2071, 2227, 2237, 2782, 3416
COSMETOLOGY
HB 687 HB 1505 SB 398
--Inspectors; certain changes .................. . ..(No action in 1968) --Rules and regulations --..-.._________________ 1781, 1978 --State Board; members' qualifications ... 2899, 2903, 2988, 2990
COUCH, WILLIAM; HEIRS HR 533-1156--Compensate .. - .. ........... .......
597, 664, 2233, 2302, 3423
COUNTIES
HB 258 HB 1238
--Allow to adopt \ r/c sales tax ....... ... ...... (No action in 1968) --Audits; rules and regulations ...... . 875, 935, 1319, 1575, 3410
INDEX
3719
HR 862 --City and County governments; merging of;
create study committee ........ 2921, 2990, 3189
HB 1439 --County Commissioners; strike "Roads
and Revenues" from official
name .. . .. .. ... ................... ....... 1433, 1513, 1519, 2806, 3414
HR 732-1597--County government; powers; amendment
to the Constitution ........_..____._...2072, 2228, 2353, 2598, 3426
HB 869 --Grants; disbursement on quarterly
basis _...,,_.__.__ -...128, 161, 736, 961, 1027, 2208, 3274, 3348
HR 399-912 --Industrial Development Authorized;
creation; amendment to the
Constitution .
.._...._ 156, 193, 832, 2981, 3420
HB 1179 --Motor Fuel Tax law; refunds __.__.__...__.._...__._.._.. 653, 729, 1521
HB 1185 --Occupational or professional tax;
certain professions _._.._-.-.-................_._..-._..__....655, 731, 1321
HB 890 --Officers; abolish fee system of compensation .......... 149, 189
HB 888 --Official organs; annual certification
certifying requirements ..... ... _._.,,_.__.... ...... . ..... ... 148, 188
HB 1547 --Personnel; authority to employ to assist
various officers . _...._.......... ... 1968, 2076, 2353, 2683, 3416
HB 1420 --Planning Commissions; establish
planning department ............ 1311, 1443, 1448, 2817, 3413
HB 252 --Planning Commission; powers in
unincorporated territory _________________,,(No action in 1968)
HB 1217 --Planning commissions; remove
certain restrictions ........_...__...... 822, 880, 940, 2473, 3410
HB 1277 --Planning Commissions; rezoned property;
publication and hearings ... ..... ... 932, 982, 1320, 1576, 3411
HB 1071 --Public transit facilities; exempt
sales tax .............. _._.......... . 383, 467, 1521, 2062, 2191, 3234
HR 295-835 --Slum clearance; revenue bonds _.............. ........859, 1227, 1327
HB 741 --Supplies purchased through State on
optional basis ...
.. ....... ........3395, 3396
HB 387 --Taxation; allocation .__.___._.__.__.___.___.._..__.._.__(No action in 1968)
HR 757 --Tax digests; postpone one year the
statute to see if valuations are uniform
between counties ................_._____.,,____._____(No action in 1968)
COUNTIES AND COUNTY MATTERS (See named County)
HR 626-1367--Appling County; Court of Appeals and Supreme Court Reports; State Librarian to furnish to Superior Court Library _...._......_..._.1219, 1313
HB 1588 --Atkinson County; Board of Commissioners of Roads and Revenues; membership __.._.___..___..___.1976, 2082, 2089, 2257, 3005, 3056
HB 1582 --Bacon County; Tax Receiver's and Collector's office; consolidate ............1974, 2081, 2353, 2573, 3004, 3183
3720
INDEX
HR 726-1556--Baldwin County; annual registration tax;
levy; amendment to the
Constitution ............. 1970, 2078, 2089, 2275, 2850
HR 492-1063--Baldwin County; conveyance of certain
real property ... ... .. . . . ... 381, 466, 508, 865, 1238
HB 1501 --Baldwin County; Tax Receiver and Collector;
compensation __.____.____________1781, 1978, 1988, 2094, 2898, 3054
HB 1606 --Banks County; Board of Commissioners of
Roads and Revenues; members'
election
..... ........... 2073, 2230, 2236, 2401
HB 1379 --Bartow County; Sheriff; employ
jailer and cook . . . . 1302, 1437, 1447, 1546, 2239
SB 394 --Berrien County; Board of Commissioners of
Roads and Revenues; number of
commissioners; change ,,._..____ 2359, 2398, 2559, 3112, 3115
SB 392 --Berrien County; Tax Commissioner;
salary . ......... 2359, 2398, 2559, 2843, 2868, 3407
HB 1308 --Bibb County; Board of Commissioners of
Roads and Revenues; election districts ... ---__--_.977, 1097
HB 639 --Bibb County; Board of Education and
Orphanage; selection of members __ 1100, 1175, 2616, 3073
HB 1207 --Bibb County; Board of Public Education
and Orphanage; membership .__.___.___________...____ ..... 726, 827
SR 194 --Bleckley County; school system; merge
with City of Cochran; amendment
to the Constitution ___..___.._____.__. 1323, 1324, 1444, 2354, 2606
HB 1370 --Brantley County; Board of Commissioners
of Roads and Revenues; number of
commissioners .__..__ 1220, 1314, 1447, 1454, 2563, 2949, 3003
HB 1373 --Brantley County; Development Authority;
revenue certificates ....._. 1220, 1314, 1447, 1455, 2563, 2925
HR 628-1373--Brantley County Industrial Development
Authority; create; amendment to the
Constitution ....... 1220, 1314, 1448, 1461, 2564, 2935
HB 1409 --Brantley County; officials
salaries ......_....._.__. 1308, 1441, 1447, 1551, 2358, 2395, 2901
HB 1371 --Brantley County; Treasurer;
abolish office ._.___.___.___.___.._.._.____.1220, 1314, 1448, 1454, 2357
HB 1231 --Brooks County; Commissioners; chairman
and members; compensation _..._.__. 875, 935, 941, 992, 1525
HR 504-1093--Bryan County Industrial Development
Authority; create; amendment to the
Constitution __...._.__.. ....... 497, 605, 679, 1669, 1854
HB 860 --Bryan County; Ordinary's salary ___._24, 135, 137, 167, 1806
HB 859 --Bryan County; Tax Commissioner's
salary __..__..._._._.__________._.____.._.__._..__..24, 135, 137, 167, 737
HB 1566 --Bulloch County; Board of Commissioners
of Roads and Revenues; Chairman's
salary _..._..._.._...._.__.._.._...._._...__..1971, 2079, 2235, 2254, 2998
HB 1562 --Bulloch County; Civil and Criminal
Court; establish _,,. . . 1971, 2079, 2235, 2253, 2998
INDEX
3721
HB 1564
--Bulloch County; Ordinary's compensation ..........._.._ 1971, 2079, 2235, 2253, 2998
HB 1565 HR 890 HB 1563 HB 1567
--Bulloch County; Sheriff's salary __..____.______.__________.____._____.1971, 2079, 2235, 2254, 2998
--Bulloch County; State Highway Department urged to reopen Burkhalter Road _______..____,,.____--._--____,, 3204
--Bulloch County; Superior Court Clerk's salary ..._-_.._. 1971, 2079, 2235, 2253, 2998
--Bulloch County; Tax Commissioner;
HB 1544 HB 1600 HB 914
Assistants; salary ____._._____.___.1972, 2079, 2235, 2254, 2998 --Burke County; Sheriff's
compensation _.__.____;..__....____..___1788, 1984, 1989, 2103, 2996 --Butts County; Board of Education
members' elections _.._.__.____..... 2072, 2229, 2702, 2717, 3417 --Butts County; Clerk's Office;
additional personnel ......... 158, 194, 198, 224, 1671
HR 412-917 --Butts County Industrial Authority;
HB 913 HB 1137
create; amendment to the Constitution ..__..._-.-...-_.. 159, 195, 198, 252, 1667 --Butts County; Sheriff and Deputy Sheriff; salary ..........__......._.157, 194, 198, 224, 1668, 1728 --Butts County; tax collector;
compensation .................. 592, 660, 667, 746, 1671 HR 485-1050--Calhoun County Development Authority;
create; amendment to the
Constitution ............. _ 377, 462, 989, 994, 1669, 1853 HR 496-1084--Camden County Development Authority;
create; amendment to the Constitution ...____._.__.__--.. 386, 470, 989, 1000, 2244 HR 497-1084--Camden County Development Authority;
HB 1318
repeal 1967 Resolution ..... _........ 386, 470, 989, 1005 --Candler County; Board of Education;
members and districts ...__________.1090, 1160, 1227, 1232, 1807
HB 1432
--Carroll County; Airport Authority; establish . ..._________________ 1431, 1511, 1518, 1682, 2561
HB 1324
--Carroll County; Board of Education; School Superintendent; appointment _...-...-...___..-..........1092, 1161, 1800, 1810, 2614
HB 1323
--Carroll County; Board of Education; members' elections and positions on the Board _._____.-__-__._.-__.___._______.1091, 1161, 1800, 1815, 2995
HB 1154
--Carroll County; Water Authority; acquire sewer system __...._.__,-_.,,_..._ 596, 662, 668, 751, 1236
HB 1534
--Catoosa County; Board of Utilities Commissioners; powers ...._....._ 1787, 1983, 1989, 2101, 2848
HR 219-739 --Catoosa County; Superior Court; furnish certain law books to Clerk ,,__--____.____. 199, 277, 499
HB 1083 --Charlton County; deputies; salaries... 385, 469, 472, 516, 2355
HB 1082
--Charlton, County of; State depositories; designate _._,,_._-.__ 385, 469, 472, 516, 2355
3722
INDEX
HB 1084 --Charlton County; Superior Court Clerk; personnel's salaries __...._.... 385, 469, 472, 516, 2355
SB 412 --Chatham County; Board of Commissioners of Roads and Revenues; Chairman and members; compensation _._....._____.___..._.2613, 2622, 2698
SB 410 --Chatham County; Board of Commissioners of Roads and Revenues; number of commissioners; change _________ 2613, 2622, 2698, 2990, 3031, 3135, 3431
HB 1353 --Chatham County; Board of Education; members' election _.__.,,__._____._____ 1157, 1225, 1518, 1538, 2560
HB 8 --Chatham County; Commissioners and ex officio Judges; filling vacancies --------_--_.__(No action in 1968)
HB 1645 --Chatham County; employees; organization ___.___._____.____. 2345, 2558, 2593, 2712, 3179, 3182
HB 218 --Chatham County; House of Representatives; apportionment .......... (No action in 1968)
HB 1530 --Chatham County; Local Government Tax Commission; establish _...___._...... 1786, 1983, 2235, 2467
HR 13-16 --Chatham County; planning and zoning ordinances for historic purposes; amendment to the Constitution __.____..___._._._____-._...___.___._._______..__._..,,.. 886, 1199
SR 224 --Chatham County Tax Commissioner; appointment; amendment to the Constitution .._._....__........___..._..__...___...__.___....__. 2243, 2246, 2349
HB 1191 --Chattahoochee County; Board of Education members' terms ._...._._.. 656, 731, 735, 835, 1170
HR 667-1435--Chattahoochee County; Charter Commission; create; amendment to the Constitution .____-._,,.___..__._________.___.__..__. 1432, 1512, 1665
HR 475-1020--Chattahoochee County Industrial Development Authority; create; amendment to the Constitution .._.._..__..... 325, 390, 394, 531, 1668, 1851
HR 675-1458--Chattooga County Board of Education; election; amendment to the Constitution _._._._..________.._._..._...1507, 1660, 1800, 1827, 2565
HR 676-1458--Chattooga County; motor vehicle ad valorem tax; when proceeds used; amendment to the Constitution _.._..._....._...._1507, 1660, 1800, 1829, 2565
HB 1454 --Chattooga County; Sheriff's deputies and jailer; compensation __....__. 1506, 1659, 1664, 1819, 2562
HB 1455 --Chattooga County; Tax Receiver and Collector; consolidate offices ... 1506, 1659, 1664, 1811, 2562
HR 606-1295--Cherokee County Airport Authority; create; amendment to the Constitution... 974, 1095, 1100, 1183, 1667
HR 664-1435--Cherokee County; fire protection districts; establish; amendment to the Constitution ....__...__._...._.__..._.. 1431, 1512, 1800, 1821, 2564
SB 391 --Cherokee County; School Districts; change; referendum ._...,,......_.2359, 2398, 2559, 2990, 2991
INDEX
3723
HE 529-1156--Clarke County; ad valorem tax procedure;
amendment to the Constitution ..... 597, 663, 667, 753, 2849
HB 524 --Clarke County; Athens-Clarke County
Charter Commission; create ._._._,,_.____ (No action in 1968)
HR 633-1401--Clarke County Board of Education; election;
amendment to the Constitution _____ 1306, 1440, 1448, 1564,
2244
HB 1650 --Clarke County; County Surveyors;
fees .
............................. 2556, 2590, 2594, 2798, 3418
HB 1276
--Clarke County; Jury list; percentage to serve as grand jurors ....._.._...... 932, 982, 989, 1111, 1526
HB 1553
--Clarke County; Juvenile Court Judge; salary ................._.._.....1969, 2077, 2089, 2251, 2997
HB 1358
--Clarke County; Law Library; maintain __ ..................................1159. 1226, 1227, 1326, 1808
HR 453-1002--Clay County Development Authority; create; amendment to the Constitution _ _ 321, 386, 472, 1668, 1850
HB 1411
--Clayton County; Board of Commissioners of Roads and Revenues; fiscal authority ______________ 1309, 1442, 1447, 1552, 2241, 2925
HB 1182 --Clayton County; Board of Commissioners
of Roads and Revenues; Chairman's salary ....
___ 654, 730, 735, 833, 1170
HB 1403
--Clayton County; Employees' Civil Service coverage ______ ____.__1307, 1440, 1447, 1550, 2240
HB 1331 --Clayton County; junkyards;
control _ ....
____ __1093, 1162, 1227, 1233, 1807
HB 362
--Clayton County; Superior Court Clerk; serve as Jury Clerk _......._..._...._....._._.._..__.............._.._..._...1168
HB 1589 --Clinch County; Sheriff's salary ______ 1976, 2082, 2235, 2257,
3005, 3058
HR 141-403 --Cobb County; authorize survey to be made by Secretary of State ..__............ (No action in 1968)
HR 852
--Cobb County; Beautification Week; Governor designate ............__..._............................................ 2914
HB 1243
--Cobb County; certain officers and employees; appointment __ .................................. 877, 936, 941, 993, 1860
HB 1474
--Cobb County; Civil and Criminal Court; increase jurisdiction _ _ __ _______ 1654, 1791, 2353, 2567, 3162
HB 1579
--Cobb County; Cobb County-Marietta Water Authority; maturity
date of revenue bonds __ ______._._._1973, 2081, 2089, 2256, 2999
HR 602-1280--Cobb County; convey certain tract of land _..__.._ ______ 932, 982
HR 629-1373--Cobb County; Education District No. 2;
composition; amendment to the Constitution .............................. 1221, 1314, 1320, 1464, 2244
SB 354
--Cobb County; Governmental Reorganization Study Commission; create _________.......1527, 1529, 1663, 2353, 2570, 2620
3724
INDEX
HR 706 --Cobb County Hospital Authority; urge consolidation with City of Marietta Hospital Authority ..... ........... ............1579, 1800, 2151, 3404
HR 660-1410--Cobb County; incorporation of territory; referendum; amendment to the Constitution ...................................... 1308, 1442, 1448, 1567
HB 1350 --Cobb County; Law Library; create .._.............................. ........1157, 1225, 1227, 1325, 1808
HB 1349 --Cobb County; Law Library; Comptroller shall be treasurer ... .............. 1156, 1225, 1518, 1681, 3412
SB 365 --Cobb County-Marietta Water Authority; revenue bonds ..........................1805, 1808, 1986, 2703, 2718
HB 1327 --Cobb County; Mt. Harmony Militia District; include within 32nd Senatorial District ...... 1092, 1162, 1839, 2088, 2520, 3165
HR 43-131 --Cobb County; State Librarian to furnish certain law books to Clerk of Superior Court ..................................... ............. .. ... 199, 275, 738
HR 1383 --Coffee County; Board of Commissioners of Roads and Revenues clerk; file statement with superior court clerk ................................... .......1303, 1437, 1447, 1547, 2240
HB 1317 --Coffee County; Board of Commissioners of Roads and Revenues; number of members ...... .............._......._..1090, 1160, 1227, 1232, 2238
HB 1316 --Coffee County; Board of Education; create new Board ....__.._........... 1090, 1160, 1227, 1231, 2238
HB 1457 --Coffee County; Sheriff; Clerk's salary .. ......................................1507, 1660, 1664, 1812, 2562
HB 1307 --Colquitt County; change name to Civil and Criminal Court .......... ........ 977, 1097, 1227, 1231, 1807
HR 535-1179--Colquitt and Miller County Development Authority; create; amendment to the Constitution _..._..-...........-..-.......... 653, 729, 735, 836, 2243
HB 1387 --Colquitt County; Ordinary's compensation ..................... 1304, 1438, 1447, 1548, 2240
HB 1109 --Columbia County; Board of Commissioners of Roads and Revenues; increase membership ....._......-..... ....................492, 601, 667, 674, 1169
HB 1108 --Columbia County; Board of Education members; election .................... ......492, 600, 667, 674, 1169
HB 1297 --Columbia County; street, sidewalk, curbing, water and sewer mains repair; assess property owners ......_._._.975, 1095, 1100, 1173, 1674
HB 1110 --Columbia County; Sheriff's salary ....492, 601, 667, 674, 1169 HB 1456 --Cook County; Ordinary's
salary ...... ....................... ....... 1506, 1659, 1664, 1811, 2562 HR 557-1216--Coweta County school system; merge with
independent system of City of Newnan; amendment to the Constitution ..........821, 880, 941, 1007,
1670, 1857
INDEX
3725
HR 486-1050--Coweta County; water and sewerage; additional indebtedness; amendment to the Constitution ._......_......._..._....._.......378, 463, 507, 552, 887
HR 674-1450--Crisp County-Cordele Industrial Development Authority; create; amendment to the Constitution __.___.._._.._.____.1435, 1515, 1519, 1721, 2245, 2935
HB 1134 --Dawson County; Board of Commissioners of Roads and Revenues; compensation ______..592, 659, 667, 746, 1169
HR 613-1309--Decatur County; Bainbriclge-Decatur County Beverage Control Board; create; amendment to the Constitution ......................... ... 978, 1098
HR 684-1477--Decatur County-Bainbridge Industrial Development Authority; create; amendment to the Constitution ....... 1655, 1792, 1800, 2006, 2850, 3052
HB 902
--Deeatur County; Board of Education; expenditures __.__.__________153, 190, 198, 224, 501
HB 1096
--Decatur County; Board of Education; members' elections .___..____459, 497, 502, 507, 1518, 1677, 2560
HR 408-912 --Decatui County; Justices of the Peace; increase jurisdiction; amendment to the Cor.stitution ...._............................ 157, 194, 198, 249, 887
SB 347 HB 191
--DeKalb Cointy-manager form of government; referendum _...._..._................_......__._._..........__..1238, 1242, 1318
--DeKalb Coumy; Board of Commissioners
of Roads ani Revenues; election ........ (No action in 1968)
HB 1621
--DeKalb County; Board of Commissioners of Roads and Revenues; election ..._......_..__......_.._...._..2225, 2346
HB 1542
--DeKalb County; Board of Commissioners of Roads and Revenues; Chairman and members; compensation ........._.._,,._.__._...._.___. 1788, 1984
HB 403
--DeKalb County; Boari of Commissioners of Roads and Revenues; Number of members; increase ...........__.._........... (No action in 1968)
HB 1620
--DeKalb County; Board <sf Commissioners of Roads and Revenues; Chairman and Executive Assistant's duties; reconstitute districts ..._. 2224, 2346, 2573, 2843, 2856, 3418
HB 824
--DeKalb County; Board of Education; Chairman and members; compensation --------______.____._____._____._.__ (No action in 1968)
HB 1638
--DeKalb County; Board ol Education; expenditures --... ...-- .--.... ........... ..........._..._.........2344, 2557
HB 1099
--DeKalb County; Board of Education members; elections --------.-..____.______._..__.____,,_.__.______._ 459, 497
HB 193
--DeKalb County; Board of Education members; method of electing __ _______ (No action in 1968;
HB 192
--DeKalb County; Board of Education members; terms of office -.----____..._____. (No action in 1968)
"726
INDEX
HB 250 --DeKalb County; Bond procedure .. ...... 1319, 1324, 2900, 3082
HB 751
--DeKalb County; Civil and Criminal Court; procedure ....----.--..--....-.-- -- (No action in 1968)
HB 1097
--DeKalb County; Commissioner of Roads and Revenues; increase membership . ..... ... --459, 497
HB 962 HB 211
--DeKalb County; County Manager form of
government; election _ .... ..... .. .. ............ ..
284, 329
--DeKalb County; County-Manager form of
government; referendum .. ........ .. (No action in 1968)
SB 312
--DeKalb County; Fulton County Tax Commissioner; collection of taxes due
City of Atlanta situated in DeKalb County ......_......._........ 1670, 1676, 1796, 2235, 2247
HR 26
--DeKalb County and Fulton County
Delegations; vote required for
local legislation .. .. .
..
(No action in 1968)
HB 1098
--DeKalb County; governing authority; members' elections - ...-......-.-- .... ...-- --.--..
. 459, 497
HB 1208
--DeKalb County; Juvenile Court Judge's salary ........................ - 726,827,830,890,1525
SB 155
--DeKalb County; Local Governirent Study Commission; establish .. ..-._..._........ 1237, 1241, 1317
HB 1257
--DeKalb County; merit system; no discrimination ... ... ....,.-... 928, 979, 988, 1108, 1672
SR 85 --DeKalb County; official o-'gan . ...... ... . 2902, 2903, 2989
HB 241
--DeKalb County; official organs; selection procedure _....------. ............ (No action in 1968)
SB 328
--DeKalb County Planning Commission; public transportation for hire ................._.. -.-.-.. ..... 1168, 1240, 1316, 2354, 2577
SB 183 --DeKalb County; political campaign posters .-- ....-3112, 3113 HR 29-79 --DeKalb County; police forces; reimbursement
to municipalities for maintenance; amendment to the Constitution .. .. . ....(No action in 1968)
HB 1632
--DeKalb County-Recorder's Court Clerk; issuance of warrants ... ... .. 2342, 2353, 2556, 2595, 3418
HR 236-768 --DeKalb County; select official organ ..--.(No action in 1968)
HB 1458
--DeKalb County; Solicitor's salary ......-.- --.---..- 1507, 1660, 2843, 2852, 3414
HB 1637 --DeKalb County; teacher's tenure ................. .. ...2344, 2557
HB 1467
--DeKalb County zoning and rezoning;
improve regulations
1509, 1662, 1665, 1814, 3005,
3259, 3335
HR 543-1183--Dodge Courcy-Eastman Development Authoriiy; create; amendment to the Constitution . .. 517, 655, 730, 735, 839, 1669, 1855
HR (J78-1464_Dooly C>unty Industrial Development
Authority; create; amendment to the
Constitution .....
. ... 1508, 1661, 1800, 1832, 2565
HB 1271 --Dooly County; Ordinary's salary. 931, 981, 1100, 1172, 1673
INDEX
3727
HB 1273 --Dooly County; Small Claims Court;
create ..... ....
.
.. 931, 981, 1110, 1172, 1673
HB 1654 --Dougherty County; Ordinary's
salary .
.
2589, 2697, 2702, 2862, 3419
HR 607-1295--Dougherty County and City of Albany;
merge and consolidate; amendment
to the Constitution .........._......... 974, 1095, 1099, 1187, 1667
HB 1384 --Douglas County; Board of Education;
appoint Superintendent ......... 1303, 1438, 1447, 1547, 2240
HB 1149 --Douglas County; Board of Education;
members and districts ...... ........ ... 595, 662, 668, 750, 1236
HB 1148 --Douglas County; Board of Commissioners
of Roads and Revenues;
districts ...._......._...._...._....._....._....._._.._. 595, 662, 668, 750, 1236
HB 1147 --Douglas County; certain employees'
salaries ..................... .............. ....... 595, 662, 668, 750, 1235
HB 1146 --Douglas County; law library;
establish ....... ...... ... .................... ... 594, 661, 667, 749, 1235
HR 687-1477--Douglas County; water, sanitation, sewerage
and fire protection districts; establish;
amendment to the Constitution .... 1655, 1792, 1800, 2017,
__
__
__
2850
HB 852 --Early County; Commissioners of Roads and
Revenues; election
..... 22, 133, 137,_166, 500
HR 406-912 --Early County Development Authority;
create; amendment to the
Constitution ...... .................. 157, 193, 198, 237, 1668, 1849
HB 1526 --Echols County; Board of Commissioners of
Road and Revenues; terms of
office .... .. ....................................1786, 1982, 1989, 2099, 3415
HB 1528 --Echols County; Board of Education
members; election . .............. 1786, 1982, 1989, 2100, 3415
HB 1529 --Echols County; Judge; term of
office
............... 1786, 1982, 1989, 2100, 3415
HB 1527 --Echols County; Superior Court Clerks;
salary ....... 1786, 1982, 2235, 2249, 2996, 3039, 3040, 3255
HR 632-1401--Effingham County Industrial Development
Authority; create; amendment to the
Constitution ... ... ... .. . 1306, 1440, 1448, 1558, 2244, 2394
HR 377-853 --Elbert County Industrial Building Authority; create;
amendment to the Constitution ...... 23, 134, 137, 226, 1668,
1849
HB 873 --Elbert County; Sheriff's budget ........128, 162, 198, 223, 500
HB 1448 --Emanuel County; Board of Education; create five
SB 342
member Board ............ ............1435, 1515, 1518, 1687, 2358 --Evans County; Board of Commissioners;
compensation ........._..... 1238, 1242, 1318, 2593, 2597, 3406
SB 341 --Evans County; Clerk of Superior
Court; salary ........... ... ......1238, 1242, 1318, 1448, 1455
SB 340 --Evans County; Deputy Sheriff's
salary ................._...._.......... .. 1238, 1242, 1317, 1448, 1455
3728
INDEX
HR 631-1401--Evans County Industrial Development
Authority; create; amendment to
the Constitution .__.___.__..__...___.__.1306, 1440, 1448, 1554, 2244
SB 414 --Fannin County Board of Commissioners;
election ,__._.._...._._.._.__.____..__________.__._.__._.....__ 2852, 2902, 2988
HB 1129 --Fannin County; Board of Commissioners of Roads
and Revenues; salaries _.._-591, 659, 667, 745, 2898, 3050
HB 1128 --Fannin County; Deputy Sheriff;
car allowance ..,,.___.__.__..____._._.__..._..__ 591, 659, 667, 744, 2560
HB 951 --Fannin County; Law Library; establish
and maintain __.____._..______...__.._..._.._ 215, 294, 298, 395, 1524
HR 432-952 --Fannin County; Ordinary's Court; furnish certain
law books ___.__.._____________._____..____.__.__.__. 216, 294, 339, 863, 1527
HR 431-952 --Fannin County; Superior Court Clerk; furnish certain
law books
.
. . . . 216, 294, 298, 397, 738
SB 372 --Fannin County; Tax Collector's
salary .__...___._____.___.____._____..1805, 1809, 1986, 1989, 2134, 3429
HB 1623 --Fayette County; Ordinary's
compensation _...__ 2225, 2346, 2353, 2573, 3004, 3063
HB 1624 --Fayette County; Sheriff's
compensation _.___.____-.___.2225, 2347, 2353, 2574, 3004, 3063
HB 1625 --Fayette County; Superior Court Clerk;
salary .....__ _ _ _ . . 2225, 2347, 2353, 2574, 3004, 3062
HB 1626 --Fayette County; Tax Commissioner's
compensation __...-_,,._._._. 2225, 2347, 2353, 2574, 3004, 3062
HR 593-1241--Fayette County; water, sewerage and fire protection
districts; amendment to the
Constitution ..._..._.,,_.,,..,, 876, 936, 941, 1021, 1667
SR 207 --Floyd County Board of Education; staggered terms for
members; amendment to the
Constitution .... ........ 1666, 1677, 1797, 2593, 2610
SR 182 --Floyd County Board of Education;
Workmen's Compensation; amendment to the
Constitution ,,..,,..,,.,,.,,..._...__._.-. 886, 887, 938, 1448, 1467
HB 533 --Floyd County; Contractors Bond;
solvent security _...__.---._.,,-..,,.,,._.__--_._.._--_.._.--. --__._..--..942
SB 406 --Floyd County; Coosa Valley Area Vocational
Technical School system;
create _.......-- 2613, 2621, 2698, 2843, 2869, 3407
HB 1466 --Floyd County; Solicitor-General
Office employees; Merit
System -- -...-- 1509, 1662, 1800, 1820, 2616, 2931
HB 1133 --Forsyth County; Board of Commissioners
of Roads and Revenues; chairman's
salary .........._..-.-- .... 592, 659, 667, 746, 1169
HR 679-1465--Fulton County; ad valorem tax levy;
amendment to the Constitution ......_..._..._1509, 1661, 1799
HB 622 --Fulton County; Airport Authority;
create .._._....,,____---.__._._.-_--..-,,_...__..-.-___ (No action in 1968)
HR 234 --Fulton County; Airport Authority Study
Committee; create _--..--_------_,,.--.(No action in 1968)
INDEX
3729
HB 1027 --Fulton County; amusement tax __._____._._.___- 326, 391, 471, 510
HB 759 --Fulton County; amusement tax __..........(No action in 1968)
HB 1141 --Fulton County; Atlanta, City of;
city taxes; collection _____,,.______,,___.___._____._ 593, 661, 667, 748
HB 1139 --Fulton County; Atlanta, City of;
Tax Commissioner; tax returns Fulton and
DeKalb County - .,,
. . 593, 660, 667, 747
HB 1140 --Fulton County; Atlanta, City of;
Tax levy ___.___..__.. __..._...._........_.....__.._.._._.._. 593, 660, 667, 747
SB 193 ---.Fulton County; authorize use of radar for
traffic safety __,,______..____..___._.________________....__.________.___.____,,_._____ 668
HB 953 --Fulton County; Board of Commissioners of
Roads and Revenues; pensions ._.__. 217, 295, 298, 395, 3004,
3058
HB 1224 --Fulton County; Board of Elections;
sample ballots ._.. .._._......._________ 823, 882, 1227, 1230, 3410
SB 277 --Fulton County; Civil Court Judge;
filling of vacancies _._____. 1993, 1994, 2083, 2990, 2992, 3406
HB 1540 --Fulton County; Civil Service Board;
salary per diem _______________________________________________________ 1788, 1984
HR 493-1063--Fulton County; conveyance of certain
real property ._..___.___..____.._._..._.._.381, 466, 1101, 1945, 3402
HR 520-1103--Fulton County; conveyance of a certain
tract of land .......--..,,--... 490, 599, 943, 1946, 3402
HB 1143 --Fulton County; court reporters'
compensation ............,,...__......_...,,.__. 594, 661, 667, 749, 1806
SB 274 --Fulton County; Criminal Court; Judge and Solicitor-
General; filling of vacancies ....1993, 1993, 2083, 2990, 2992,
3405
HB 1507 --Fulton County; Criminal Court;
method of trial and correction
of errors .-..._. 1782, 1979, 2235, 2249, 3414
HR 26 --Fulton and DeKalb County Delegations;
vote required for local legislation ___,,___ (No action in 1968)
HB 956 --Fulton County; Employees' Pension;
maximum amount _...._....._......_......__ 218, 296, 667, 671, 1806
SB 319 --Fulton County; execution of
warrants _-______-____.___.___._____..____.1167, 1240, 1316, 2353, 2403
SB 308 --Fulton County; Joint City-County
Board of Tax Assessors; abolish office
manager's position ___.________._______1167, 1239, 1315, 2236, 2246
HB 955 --Fulton County; Judges and Solicitor-General;
retirement fund .___..._-......_-....__.,,...........__..,,.__.._....__,,.. 218, 296
HB 971 --Fulton County; Judges' and Solicitor-Generals'
Retirement Fund; eligible
members ..__._.____,,_._.__. 285, 330, 2235, 2248, 3004, 3081
HB 972 --Fulton County; Judges' and Solicitor-
Generals' Retirement Fund; eligible members;
public defenders .__-._..__.._..__._..._._.___._................___.__..._. 286, 330
HB 1513 --Fulton County; local education commission;
re-establish .___.__.....:.._.........._..1659, 1795, 2235, 2258, 3415
3730
INDEX
HB 1029
--Fulton County; lodgings; excise tax 2% _.____.______._..._._.___...__..__...__..__.327, 391, 471, 511
HR 66-153 --Fulton County; motor vehicle license tags;
idemnification to Tax Commissioner; amendment to
the Constitution _._._.
..._......._.... (No action in 1968)
HB 282
--Fulton County; Ordinary's
compensation
... 1670, 1676, 1795, 2353, 2404
SB 190
--Fulton County Planning Commission; eliminate certain exceptions ....1526, 1528, 1663, 2353, 2576
HB 1142
--Fulton County; planning and zoning; hearings ___._. ..... ......................._.....594, 661, 667, 748, 3409
HB 954
--Fulton County; Public Defender; retirement fund _._..__..___.._._..__..._.. 217, 295, 1227, 1229, 2999
HR 724-1550--Fulton County; public parking facilities;
establish; amendment to the Constitution ........__....____.. ...__..-___..__..-1789, 1985, 2235, 2272
SR 53
--Fulton County; purchase of license plates by check ..... ............ . ......... ............. ..... .. 2703, 2721
SB 236
--Fulton County; Sheriff's salary ............................ 1805, 1808, 1986, 2842, 2872, 3405
SR 63
--Fulton County; Solicitor-General; change name to District Attorney ...........................2619, 2709, 2840, 2842, 3333, 3430
HB 1067
--Fulton County; Superior Court Clerk; salary __.. .._.__... ........382, 466, 472, 515, 1803, 1845
SB 312
---Fulton County Tax Commissioner; collection of taxes due City of Atlanta situated in DeKalb County .-1670, 1676, 1796, 2235, 2247
HR 731-1589--Fulton County; tax levies; amendment to the Constitution ....... _.............. ................1976, 2083, 2593, 2626
SB 310
--Fulton County; tax returns due City of Atlanta located in Fulton and DeKalb County ..... ..... .-___..____ 1740, 1741, 1797, 2235, 2262, 3405
HB 1643 --Fulton County; Teacher's tenure ................._. ....... 2345, 2558
HR 197-652 --Fulton County; transfer certain property ..............__...._........ ........ ... .. (No action in 1968)
HB 1395 --Fulton County; trucks hauling gravel or stone;
prohibited on streets without protective covering ..... ...... ._...__.__ 1305, 1439, 1569, 1665, 1688, 3412
SB 309
--Fulton County; zoning changes; notification to tax assessing officials .... . ..... ..._-_............ 1167, 1239, 1315, 2235, 2247
HR 717-1522--Gilmer County; Courthouse Library;
Georgia Supreme Court Reports and Court of Appeals Reports; State Librarian to furnish certain volumes .... ......... _. ......... ............ 1785, 1981, 2844
HR 719-1522--Gilmer County; Tax Commissioner; authorization to collect tax fi. fas.; amendment to the Constitution .... . ..... ...............1785, 1982, 1989, 2139, 2850
INDEX
3731
HB 1522 --Gilmer County; Tax Receiver and Collector; consolidate offices ................... 1785, 1981, 1988, 2098, 2847
HB 1305 --Glascock County; Board of Commissioners of Roads and Revenues; members' compen sation .. .. ..................................977, 1097, 1100, 1174, 2560
HB 1306 --Glascock County; Tax Commissioner's compensation . . .... ................ 977, 1097, 1100, 1175; 1675
HB 1304 --Glascock County; Treasurer's compensation .. ... .... .........._...... 977, 1097, 1100, 1174, 1674
HB 1611 --Glynn County; Brunswick-Glynn County Charter Commission; create .... ...... ... 2074, 2230, 2843, 2856, 3417
HR 636 --Glynn County-Brunswick Optimist All Stars Football Team; commend ............ .... ............... ....._...._1248
HB 1398 --Glynn County; Juvenile Court; judges' salary ..... ...... ........... 1306, 1439, 1447, 1549, 3413
HB 1580 --Glynn County; Sheriff's deputies; additional ...... ..... ...... .......... 1974, 2081, 2089, 2256, 3416
HB 845 --Gordon County; Board of Commissioners of Roads and Revenues; create ... ... ....... ..21, 132, 137, 165, 736
HB 844 --Gordon County, Development Authority; members' terms and appointments ....... ............ ....... 21, 132, 137, 165, 1528, 1843
HB 922 --Gordon County; Superior Court Clerk and Ordinary; salary ......_....._......._._.159, 195, 198, 225, 1170, 1196
HB 1385 --Grady County; Board of Education; create new Board .... ....... ........ 1303, 1438, 1447, 1548, 2240
HB 1595 --Grady County; Chief deputy and clerk; salary .. . ... ....... ...... ...... . 2071, 2228, 2235, 2400, 3163
HB 1285 --Greene County; Board of Commissioners of Roads and Revenues; Chairman and members' compensation ..... ........................ 933, 983, 989, 1114, 1674
HB 1281 --Greene County; officials' salaries and mileage allowances ... . .... ... .. ........... 933, 983, 989, 1112, 1674
HB 1288 --Greene County; Tax Commissioner's compensation .......... ... ............934, 984, 989, 1115, 1674
HB 404 --Gwinnett County; Board of Commissioners of Roads and Revenues; create ................. 340, 373, 429, 429
HR 806-1653--Gwinnett County Board of Education; filling of vacancies; amendment to the Constitution _ .. ............. ....... 2589, 2697, 2702, 2873, 3427
HR 785-1636--Gwinnett County; employees and officials; create Merit System; amendment to the Constitution .... ..... ............. 2343, 2557, 2593, 2603, 3427
HB 1652 --Habersham County; City Court governed by Superior Court ...... ..... ...... 2589, 2696, 2702, 2861, 3419
HB 1657 --Habersham County; Ordinary's salary .........__....._._......._........ ....... ............_............._.....2838, 2987
HB 1218 --Hancock County; Small Claims Court, establish ..... ...... ....... ...... ....... 822, 880, 1100, 1171, 1672
HB 582 --Hancock County; Superior Court Sheriff, Ordinary and Clerk; compensation ............1988, 2103, 2994
3732
INDEX
HB 581 --Hancock County; Tax Commissioner;
employ clerical help . .
......... ....1988, 2090, 2845
HB 1432 --Haralson County; Airport Authority;
establish . . .......... ........... 1431, 1511, 1518, 1682, 2561
HB 1437 --Harris County; Small Claims Court;
commencement of actions .._._... 1432, 1513, 1518, 1684, 2357
HB 1013 --Heard County;
additional deputy .
.. ._ 323, 388, 471, 513, 885
HB 1426 --Henry County; Board of Commissioners of
Roads and Revenues; districts -.---1429, 1510, 1518, 1682,
3161
HB 1425 --Henry County; Board of Commissioners
of Roads and Revenues; members'
elections .._._.. _........._..._._.........._..._.1429, 1510, 1518, 1681, 3161
HR 663-1427--Henry County; County manager form of
government; provide; amendment to the
Constitution _......_............._. 1430, 1510, 1519, 1689, 3425
HB 1427 --Henry County; Superior Court
Clerk and Ordinary;
compensation ... ----------.-1429, 1510, 1518, 1682, 3162
HR 662-1427--Henry County Water Authority;
tax levy; amendment to the
Constitution -..--....----1429, 1510, 1519, 1689, 3425
HR 681-1473--Henry County; water and sewerage;
additional indebtedness; amendment to the
Constitution -------------------- 1654, 1791, 1799, 1999, 3425
HR 894 --Henry County Water Study Commission;
create ----...__. ........_......._.....___.. -----------------3207
SR 261 --Houston County Building Commission;
create; amendment to the
Constitution ...... ........._._......... 2708, 2710, 2841, 3112, 3120
HB 1418 --Houston County; City Court;
jurisdiction --------------------1310, 1443, 1448, 1554, 2614
SR 250 --Houston County; create Special Court; amendment
to the Constitution -----------2708, 2710, 2840, 3112, 3117
HB 1417 --Houston County; Ordinary; arbitration
committee __..... .._.._..._......... 1310, 1443, 1448, 1553, 2898, 2929
HB 1416 --Houston County; Sheriff; arbitration
committee -----------------1310, 1443, 1448, 1553, 2898, 2928
HB 1415 --Houston County; Superior Court Clerk;
arbitration committee----.1309, 1442, 1448, 1553, 2898, 2927
HB 1414 --Houston County; Tax Commissioner;
arbitration committee ----.1309, 1442, 1448, 1552, 2898, 2926
HR 742 --Irwin County; 150th Anniversary; commemorating 2153, 2616
HB 1641 --Irwin County; Tax Receiver and Collector;
consolidate offices ..------------ 2344, 2353, 2558, 2596, 3163
HB 1642 --Jackson County; City Court's Judge and
Solicitor; salary ----------------2344, 2558, 2702, 2712, 3418
SR 209 --Jackson County Industrial Development Authority;
create; amendment to the Constitution ----....1666, 1677,
1797, 2842, 2876
INDEX
3733
HB 838 --Jackson County; Tax Receiver and Collector;
consolidate offices . .
. . 14, 2702, 2713, 3408
HB 1560 --Jasper County; Board of Commissioners of
Roads and Revenues; posts ...... 1970, 2078, 2089, 2252, 2997
HR 627-1367--Jasper County Industrial Development Authority;
create; amendment to the Constitution ---.--.--1219, 1313,
1448, 1456, 2243
HB 1531 --Jefferson County; Board of Education; add
two members
. 1786, 1983, 1989, 2133, 2996
HB 1138 --Jefferson County; tax collector and receiver;
consolidate offices
.------ 593, 660, 667, 747, 1169
HB 1524 --Jenkins County; Board of Education; create
new Board .........................------..1785, 1982, 1989, 2099, 2996
HB 1523 --Jenkins County; Commissioner of Roads and
Revenues members; increase --.1785, 1982, 1989, 2098, 2995
HB 1188 --Jenkins County; Ordinary's supplemental
compensation -.----------..--------------655, 731, 735, 835, 1170
HB 1187 --Jenkins County; Superior Court Clerk's
salary ____------,,_____.------..655, 731, 735, 834, 1170
HB 1202 --Johnson County; deputy sheriff's salary.--.------725, 826, 830,
890, 1237
HB 1557 --Jones County; Board of Commissioners of
Roads and Revenues; posts.----1970, 2078, 2089, 2252, 2997
HB 1558 --Jones County; Sheriff's deputies; two
additional _--------._------------.1970, 2078, 2089, 2252, 2997
HB 893 --Laurens County; State Court name changed from
City Court of Dublin ........................_.149) 189, 223, 501, 501
HR 407-912 --Lee County Development Authority; create;
amendment to the Constitution ._....._ 157, 193, 198, 243, 1666
HR 548-1200--Lincoln County and City of Lincoln Development
Authority; create; amendment to the
Constitution ----------...--------724, 826, 830, 891, 1669, 1856
HB 1183 --Long County; Board of Commissioners of Roads
and Revenues; election of county
attorney------------ -- -------------- 654, 730, 735, 833, 1524
HB 1212 --Long County; Sheriff's compensation.--..821, 879, 940, 946,
1234, 1845
HB 1060 --Lowndes County; City Court of Valdosta;
Judge and Solicitor; election----.--..-380, 464, 471, 514, 886
HR 617-1345--Lowndes County; conveyance of a tract of State
owned property _.----------..--....._----..--..--------..1155, 1223
HB 1131 --Lowndes County; deputy sheriff's salary--..----591, 659, 667,
745, 2355
HR 682-1473--Lowndes County; governing authority; merge with
City of Valdosta; amendment to the
Constitution......................------... 1654, 1791, 1799, 2002, 2849
HB 1364 --Macon County; Ordinary's salary .......1219, 1313, 1319, 1452,
2239
HB 1435 --Macon County; Tax Receiver and Collector;
consolidate offices ....................... 1431, 1512, 1518, 1684, 2357
3734
INDEX
HB 1604 --Madison County; Board of Commissioners of Roads and Revenues; clerk's salary... 2073, 2229, 2236, 2401, 3417
HB 1605 --Madison County; Sheriff's deputies' compensation .........._..... .......... 2073, 2229, 2236, 2409, 3417
HB 1603 --Madison County; Superior Court Clerk; allowances .. ...... ...................... 2073, 2229, 2236, 2401, 3417
HB 1298 --Meriwether County; certain officials; salaries'...-------------..-975, 1096, 1100, 1173, 1674
HR 386-880 --Milledgeville-Baldwin County Industrial Development Authority; create; amendment to the Constitution . ............................... __ .130, 163, 198, 232, 1666
HB 1601 --Miller County; Board of Commissioners of Roads and Revenues; checks drawn on county funds . ..... ----__..------.----__------__ 2073, 2229, 2236, 2400, 3163
HB 1602 --Miller County; Board of Education members' selection .......... ................ ....... 2073, 2229, 2236, 2400, 3334
HB 1525 --Mitchell County; Tax Commissioner's term and compensation . . .............. . 1786, 1982, 1989, 2099, 2847
HB 1493 --Montgomery County; Tax Commissioner's compensation ...... .._...._.... 1779, 1977, 1988, 2092, 2849, 2931
HB 1284 --Morgan County; Board of Commissioners of Roads and Revenues; appoint depositories for county funds--...--.----.--.------. 933, 983, 989, 1113, 2356
HB 1287 --Morgan County; Board of Commissioners of Roads and Revenues; Chairman, Vice-Chairman and members' compensation....----934, 983, 989, 1114, 2358, 3050
HB 1282 --Morgan County; certain officials' salaries ----------_----..__......................933, 983, 989, 1113, 2356
HB 1283 --Morgan County; tax receiver and collector offices; consolidate ......... --............933, 983, 989, 1113, 2356
HR 487-1050--Muscogee County Airport Commission; create; amendment to the Constitution....... 378, 463, 472, 556, 1669, 1853
HR 544-1191--Muscogee County; charter commission to study consolidation with City of Columbus; amendment to the Constitution....--. .._..--------_. 656, 732, 735, 845, 1323
HR 488-1050--Muscogee County; garbage disposal system; amendment to the Constitution.--........380, 463, 472, 562, 887
HR 623-1354--Muscogee County; ordinances for policing public property and airport; amendment to the Constitution .............. ............. 1158, 1226, 1227, 1344, 2243
HB 1040 --Muscogee County; tax payment; late penalty .... ......___...._..----..___ --------....375, 461, 471, 513, 885
HB 1175 --Mclntosh County; ordinary's compensation............652, 728, 735, 833, 1236
HB 1345 --Mclntosh County; sheriff's expense allowance .___----------------._......... 1155, 1223, 1227, 1325, 1808
HB 1365 --Newton County; Sheriff's salary ...1219, 1313, 1320, 1453, 2561 HB 1210 --Paulding County; Board of Education members'
elections . ......_._................. ----..____----..820, 879, 940, 946, 1237
INDEX
3735
HB 1211 --Paulding County; Sheriff's deputies; increase
number ------..... ------..820, 879, 940, 946, 1237
HB 1473 --Paulding County; sewerage system
maintenance ----------.----.---1653, 1791, 1799, 1997, 2846
HB 1444 --Peach County; Board of Commissioners of Roads
and Revenues; terms of office-.-1434, 1514, 1518, 1686, 2615
HB 1443 --Peach County; Ordinary's salary--1434, 1514, 1518, 1685, 2614
HB 1442 --Peach County; Superior Court Clerk's salary and
personnel ......_.___....___....._.__........._.. 1433, 1514, 1518, 1685, 2614
HB 1441 --Peach County; Tax Commissioner's salary
and personnel ..__------__----_----. 1433, 1513, 1518, 1685, 2614
HR 718-1522--Pickens County; Clerk of Superior Court; State
Librarian to furnish certain law books----- 1785, 1981, 2844
HB 1372 --Pierce County; Board of Commissioners of Roads and
Revenues; chairman's compensation-------1220, 1314, 1448,
1454, 2357
HB 1410 --Pierce County; Board of Education; members'
election .
-.1308, 1441, 1447, 1552, 2561
HB 1369 --Pierce County; deputy sheriffs' salaries ..__-___._ ----1220, 1313,
1447, 1453, 2356
HB 1151 --Pike County; Superior Court terms---. --.-595, 662, 735, 751,
1671
HB 1571 --Polk County; Board of Commissioners of Roads and
Revenues; conduct annual audit---1972, 2080, 2352, 2568,
3162
HB 1573 --Polk County; Commissioner of Roads and Revenues;
employees' compensation ------.-1973, 2080, 2352, 2572, 3162
HB 1572 --Polk County; Sheriff's salary-- .........._.._....__._......... 1973, 2080
HB 1574 --Polk County; Uniform Central Accounting and
Bookkeeping System; adopt- ....1973, 2080, 2352, 2572, 3162
HR 447-973 --Pulaski County-Hawkinsville Development Authority;
create; amendment to the Constitution ... ... ........... 286, 330,
394, 404, 1667
HR 735-1608--Putnam County Development Authority; create;
amendment to the Constitution--...------2073, 2230, 2236,
2424, 3426
HR 421-932 --Quitman County Industrial Development Authority;
create; amendment to the Constitution--.--.--.185, 220, 298,
397, 1668, 1850
SB 374 --Rabun County; Board of Commissioners of Roads
and Revenues; districts--------.2241, 2245, 2348, 2842, 2863,
3038, 3039, 3226, 3227, 3315, 3336, 3337, 3342
HB 1252 --Rabun County; certain officials;
compensation ......... ...................... ..928, 978, 988, 1107, 1525
HR 546-1200--Rabun County; Judge of the Court of Ordinary;
State Librarian to furnish certain law books- ...... ........ 724,
825, 990
HR 547-1200--Rabun County; Superior Court Judge; State Librarian
to furnish certain law books- -- -- ........... ..... ....724, 825, 990
3736
INDEX
HB 1408 --Richmond County; additional deputy sheriffs....-_...1308, 1441, 1447, 1551, 2241
HR 531-1156--Richmond County; adoption of ordinances; amendment to the Constitution .__.___________._.___..___.597, 663, 667, 757, 1323
HB 776 --Richmond County; Board of Education members; date of election ...._..-_..,,..__..___._..._.. 2353, 2572, 3408
HB 1614 --Richmond County; Board of Education; vacancies _-_........_......-..._.....-....2075, 2231, 2353, 2402, 3163
HR 686-1477--Richmond County; public agencies; General Assembly's powers to create, etc; amendment to the constitution _____._,,_._____.__...__._.________. 1655, 1792, 1800, 2013, 3425
HB 1200 --Richmond County; Sanitary landfills; dumping of trash; garbage, etc.~-_--..~-_-724, 825, 1025, 1227, 1229, 3005, 3055
HR 458-1013--Richmond County; tax levy; amendment to the Constitution ...__...-..._...___......-...-.._ 323, 388, 394, 522
HR 740-1616--Rockdale County Board of Education; debts incurred; amendment to the Constitution ...... 2076, 2232, 2353, 2601, 3426
HB 1301 --Rockdale County; Sheriff's deputies; increase number .....__...._....___........__..........__976, 1096, 1227, 1231, 1807
HR 671-1446--Screven County-Sylvania Airport Authority; tax levy; amendment to the Constitution._..-.1434, 1514, 1800, 1824, 2564
HB 1446 --Screven County; Sylvania-Screven Airport Authority; create .._._._._..._...._..._.._.^._._____...____..1434, 1514, 1518, 1686, 2358
HB 1153 --Spalding County; establish Law Library._-.._._.. 596, 662, 1990
HR 592-1241--Spalding County; sanitation, sewerage and fire protection districts; amendment to the Constitution __.______._._________.__._.876, 936, 1100, 1179, 2564, 2579
HB 1192 --Spalding County; Tax Commissioner's office hours-..--..---...----..--..--_.---..656, 732, 735, 836, 1671
HB 1599 --Stephens County; City Court Judge's salary _------_----------------2072, 2228, 2353, 2403, 3163
HR 603-1280--Stephens County; convey certain tract of land---------.-------------------.933, 983, 1801, 2529, 3403
HR 734-1600--Stephens County Development Authority; create; amendment to the Constitution---- 2073, 2229, 2236, 2418, 3426
HB 1538 --Stephens County; Development Authority; issue revenue bonds ------------.1788, 1984, 1989, 2102, 2848
HB 1539 --Stephens County; Ordinary's salary........ 1788, 1984, 1989, 2102, 2996
HB 1535 --Stephens County; Sheriff's compensation .-...1787, 1983, 1989, 2101, 2996
HB 1537 --Stephens County; Superior Court Clerk's salary ------------------------.1787, 1983, 1989, 2101, 2996
HB 1482 --Stewart County; Clerk's and Ordinary's fees----1657, 1793, 1799, 1997, 2615
INDEX
3737
HB 1500 --Stewart County; Commissioner of Roads and
Revenues; compensation.......-- 1780, 1978, 1988, 2094, 2846
HR 476-1020--Stewart County Industrial Development Authority; create; amendment to the Constitution.---- 325, 390, 394, 537, 1669, 1852
HB 1485
--Stewart County; Sheriff's salary.------1657, 1794, 1799, 1998, 2615
HB 1484
--Stewart County; Tax Commissioner's fees.-.----------------------------1657, 1794, 1799, 1998, 2615
HB 161
--Sumter County; Board of Commissioners of Roads and Revenues; Chairman's salary......----(No action in 1968)
HB 1126
--Sumter County; Board of Education members; election.------------------------.591, 658, 667, 744, 1235
HB 1127
--Sumter County; Clerk of Superior Court, clerks or deputies; salaries......................... 591, 658, 667, 744, 1235
HB 1469
--Talbot County; additional deputies' compensation.-------------_-.1510, 1662, 1665, 1815, 2562
HB 1468
--Talbot County; Tax Commissioner; compensation __------_------_------.1509, 1662, 1665, 1814, 2563
HB 1255
--Taliaferro County; Board of Commissioners of Roads and Revenues; member's salaries -928, 979, 988, 1107, 1672
HB 1254 --Taliaferro County; Sheriff's salary--928, 979, 988, 1107, 1672
HB 918
--Tattnall County; Board of Commissioners of Roads Revenues; election -.----------159, 195, 198, 225, 737, 2591
HB 1279
--Tattnall County; Board of Commissioners of Roads and Revenues; number of members...-- 932, 982, 989, 1112, 1526
HB 919
--Tattnall County; Board of Education; election of members ----------_----_----------.159, 195, 198, 225, 737, 2591
HB 1278
--Tattnall County; Board of Education; members and districts ----------.------------.. 932, 982, 989, 1112, 1526
HR 484-1037--Tattnall County Industrial Development Authority; create; amendment to the Constitution------------_375, 460, 507, 544, 1669, 1852
HR 765
--Taylor County; High -School Boys' Basketball Team; commend------------------------------------------ 2173
HB 764
--Taylor County; High School Girls' Basketball Team; commend -------------------------------- ------------------2172
HR 641 --Taylor County; Howard Community; commend...----------1259
HR 622-1352--Taylor County Industrial Development Authority; create; amendment to the Constitution.-1157, 1225, 1227, 1339, 2243
HR 642
--Taylor County; Taylor High School Chapter of Future Business Leaders .------------.------__--------__------1260
HB 1249 --Telfair County Hospital Authority members'
appointment ----.......------ ......... 927, 978, 988, 1106, 1672
HB 1326 --Tift County; Airport Authority; establish-1092, 1162, 1799,
1810, 2560
3738
INDEX
HB 1209 --Tift County; Board of Commissioners of Roads and
Revenues; Vice Chairman's office.-.--726, 827, 830, 891,
1807
HB 1449 --Tift County; building permits--- 1435, 1515, 1518, 1687, 2358
HB 1532 --Toombs County; Board of Education members'
election--------------------~--1787, 1983, 1989, 2100, 2848
HB 1272 --Toombs County; officials' salaries-- 931, 981, 989, 1110, 1673
HB 1274 --Toombs County; Sheriff's salary....... 931, 981, 989, 1111, 1673
HB 1265
--Toombs County; Tax Receiver and Collector offices; consolidate ........_.......----....__......... 930, 980, 989, 1109, 1673
SB 388 --Toombs Judicial Circuit; Solicitor-General's
salary ------.......--.__..----___---- ____----____. 2613, 2621, 2698
HB 135 --Towns County; Clerk of Superior Court; traffic
law violations _--___----------.----. (No action in 1968)
HR 538-1179--Towns County; Judge of the Court of Ordinary; State
Librarian to furnish certain law books.--------.653, 729, 990
HR 539-1179--Towns County; Superior Court Judge; State Librarian
to furnish certain law books.------.----------.654, 730, 990
HB 924 --Troup County; Officials; salaries........... 160, 196, 198, 226, 501
HB 1460 --Union County; Sheriff's salary __. ----------. 1508, 1660, 1664
1813, 2562
HR 459-1013--Upson County; Board of Tax Assessors; consolidate
with City of Thomaston; amendment to the
Constitution .----------._------....__ 324, 388, 472, 526, 887
HB 1003 --Upson County; Thomaston-Upson County Office Building
Authority; members --..------------321, 386, 471, 512, 885
HB 1576 --Upson County; Law Library; funds to establish
and maintain----..------------1790, 1985, 2089, 2103, 2848
HB 1007 --Upson County; Upson-Thomaston Board of Tax
Assessors; combine .--------.---------- 322, 387, 605, 671, 1169
HB 1543 --Walker County; Board of Education member's
election .. ----------_--.----_..--. 1788, 1984, 2088, 2105, 2848
HB 1270 --Walker County; fox hunting; illegal
methods ............----..------...--.......... 931, 981, 986, 1575, 2994
HB 1552 --Walker County; Rural Water and Sewer Authority;
members' appointments ------.1969, 2077, 2089, 2251, 2997
HB 968 --Walton County; Board of Education; members'
election ----....__.----_ 285, 330, 338, 396, 737, 3279, 3341, 3347
HR 730-1585--Ware County; consolidation with City of Waycross;
amendment to the Constitution 1975, 2082, 2235, 2282, 2850
HR 782-1631--Ware County; Sheriff's responsibility, United States
Criminal Laws; amendment to the Constitution ._......_. 2227,
2348, 2702, 2718
HB 1399 --Washington County; Airport Authority;
create ----------..... ----...----......-. 1306, 1440, 1447, 1550, 2561
HB 1459 --Washington County; Sheriff's compensation ..----1507, 1660,
1664, 1812, 2616, 2930
HB 1515 --Washington County; Superior Court Clerk's
salary ......_........................----..1783, 1980, 1988, 2096, 2847
INDEX
3739
HB 1392 --Wayne County; Board of Commissioners of Roads and Revenue; members' terms of office _._ 1305, 1439, 1447, 1549, 2357
HB 1391 --Wayne County; Board of Education; members' election .............._............._. 1304, 1438, 1447, 1549, 2358, 2640
HR 715-1515--Wayne County; convey certain real property----1783, 1980, 2237, 2479, 3404
HB 732 --Wayne County; Sheriff and deputies; compensation __.___._.------------------------(No action in 1968)
HB 1400 --Wayne County; Superior Court Judge; empanel grand jury _..._....... --------------.1306, 1440, 1447, 1550, 2995
HB 1428 --Webster County; Commissioner of Roads and Revenues; salaries -------------- 1430, 1511, 1664, 1688, 2357
HR 668-1435--Webster County Industrial Development Authority; create; amendment to the Constitution.---------.1432, 1512, 1665, 1696, 2245, 2394
HB 1429 --Webster County; private property; remove public nuisance----._----.----------.--.1430, 1511, 1664, 1688, 2614
SB 401 --White County; Commissioners of Roads and Revenues; State depositories ..----.----------.2613, 2621, 2698, 3112, 3115
SR 164 --White County; Ordinary; furnish certain law books--------------------------.------------. 741, 743, 829, 990
HB 1251 --Whitfield County; Board of Commissioners of Roads and Revenues; compensation __------------.--... 927, 978, 1100, 1171, 1672
HR 670-1440--Whitfield County-Dalton County Development Authority; create; amendment to the Constitution.,.......----. 1433, 1513, 1519, 1715, 2244
HB 1503 --Whitfield County; Sheriff, Clerk and Ordinary; compensation -------- -..--------1781, 1978, 1988, 2095, 2847
HB 1504 --Whitfield County; Tax Commissioner; compensation......----..----.----.1781, 1978, 1988, 2095, 2847
SR 193 --Wilkes County; conveyance of certain State owned property.------.------------.1102, 1106, 1164, 1989, 2134, 3406
HB 1362 --Wilkes County; ordinary's salary........--------1218, 1312, 1319, 1452, 2239
HB 1521 --Wilkes County; Superior Court deputy clerk; compensation.------..------------ 1784, 1981, 1988, 2098, 2847
HB 1088 --Worth County; Clerk of Superior Court; collect fines ----------...___.----------....._...456, 495, 507, 672, 1169
HB 1256 --Worth County; Ordinary's salaries; effective date ----........____.------------._......----.._ 928, 979, 988, 1108, 1525
COUNTY COMMISSIONERS
HB 1439
--Strike "Roads and Revenues" from official name .......... ----.---- 1433, 1513, 1519, 2806, 3414
3740
INDEX
COUNTY OFFICERS
HB 1547 HB 890
--Personnel; authority to employ 1968, 2076, 2353, 2683, 3416 --Fee system of compensation; abolish __ ..... ....... 149, 189
COURTS
HB 1044 --Appellate Practice Act of 1965; re-enact _____ ....376, 461, 666, 1489, 3375, 3383, 3392, 3394, 3432
HB 566 --Appellate and Superior Courts; notices of appeal --------_.------_.------------_---- (No action in 1968)
HR 672-1448--Atlanta Judicial Circuit; Georgia Supreme Court Reports; State Librarian to furnish certain volumes _.__.. 1435, 1515, 1520
HB 1158 --Atlanta Judicial Circuit; Solicitor-General; compensation __________________ ______..____------598, 664, 668, 752, 1806
SB 415 --Atlanta Judicial Circuit; Solicitor-General's salary ______ ............. ... ___________ 2613, 2622, 2699, 3112, 3114
HB 1190 --Atlantic Judicial Circuit; Superior Court Judge's secretary; salary ._.............._... 656, 731, 830, 835, 1203, 1236
HB 797 ---Attachment affidavits; be sworn before Clerk of Court ..................................... __________ 199, 369, 3164
HB 1163 --Attachments; grounds; non-residents .__............._........... .._........._.... 599, 665, 2090
HB 19 --Attorney's fees; method of giving notice for the purpose of collecting ....... ..... ....... ....... ----______ .... ... ____1282
HB 1450 --Augusta Judicial Circuit; Judges' salary; supplemental payments ............1435, 1515, 1518, 1687, 2705
HB 1649 --Augusta Judicial Circuit; Solicitor-General's salary _________ .... . _______________________ 2555, 2590, 2842, 2860
HB 1115 --Capital offense; accused may enter a demand for a trial at any time ............ _________________ ....... 493, 602, 1990
HB 1095 --Capital punishment; abolish __________ _________ _________________ 458, 497 HB 325 --Civil cases; advance court cost --... ........ --.199, 279, 2298 SB 330 --Civil matters; Executive Secretary and
Calendar Clerk _______________ 1168, 1240, 1316, 1839, 2354, 2577 HB 1230 --Civil Practice Act; amend; service of
publication .... ..... 875, 935, 1099, 1493, 3384, 3391, 3432 SB 334 --Clayton Judicial Circuit; Chief Judge's
salary _----_..__. _______________ ___ __ _________ ........1168, 1241, 1317 HB 1181 --Clayton Judicial Circuit; Judge's
term _.__--__.--___,,.------.---..------ .. 654, 730, 830, 950, 1671 HB 891 --Clerks; Georgia Civil Practice Act;
service by publication _._._..,.._ 149, 189, 299, 346, 3039, 3091 HB 930 --Clerks; service by publication of
summons --......... ______ __..____ ............._....____..___.....184, 219, 666 HB 1125 --Cobb Judicial Circuit; Solicitor-General; practice of
law .____ ______________ _______ 590, 658, 947, 1799, 1809, 2616, 2737 HB 1144 --Collection of debts; prohibit use of simulated court
process ............ _------___....... .,,...___._ 594, 661, 830
INDEX
3741
HR 833 --Committee to study inferior
courts .__.. ..._....._._.....,,-..__-.... _._ 2740, 3112, 3188
HB 1519 --Conasauga Judicial Circuit;
Judge's salary _____.._..__._...._.___._._.1784, 1981, 1988, 2097, 2847
HR 420-932 --Condemnation proceedings; airports; relocation of
occupants; amendment to the
Constitution ___._,, 185, 220, 341, 1099, 1425, 1496, 1570, 2499
HB 989 --Condemnation proceedings; appeals by owner
of land ____....___._._......._.___..-......._..._..___......__-__.....-__..._-290, 334
HR 536-1179--Condemnation proceedings; fair market
value; amendment to the
Constitution .........__. . ........._....._._......_.._._.._..... 653, 729, 1446
HB 1291 --Condemnation proceedings; payment of
costs and fees .__.................... ....
973, 1094
HB 1363 --Condemnation proceedings; private ways
by individuals and corporations; amend
procedure
...
.
1218, 1312, 1446
HB 880 --Condemnation proceedings; responsibility for payment
of court costs -.-..--.
130, 163, 1446
HB 1019 --Cordele Judicial Circuit;
Solicitor-General's salary ....... 325, 389, 605, 672, 1234
HB 1436 --Court of Inquiry; examination
within 24 hours ......._..... 1432, 1512, 2090
SB 180 --Court Reporters; compensation
by counties .
.
944, 949, 984, 1518, 2973, 3404
HB 38 --Criminal cases; instructions to jury _,,.___. (No action in 1968)
HB 1280 --Criminal cases; jury must return verdict of
guilty or not guilty __,,.________... .......... 932, 982, 1517
HB 5 --Criminal Code of Georgia;
revise ...._._..-..___.___....._-..--____...-_.18, 27, 146, 171, 3169, 3293
HB 400 --Dangerous offenders; provide for
incarceration ____.........,,_________._____.,,(No action in 1968)
HR 413-923 --Death sentence; abolish; amendment to the
Constitution ....... ___._______.__..___.....____160, 196, 471, 1963, 1964
HR 411-917 --Death sentence; commuted to life imprisonment;
parole eligibility; amendment to the
Constitution ................___..........._.__......,,..___. 158, 195, 299, 450
HB 916 --Death sentence; commuted to life imprisonment;
parole eligibility ___............ ___.,,_______. 158, 194, 299, 454, 582
SB 219 --Divorce; clarify practice and procedure ....... 1167, 1239, 1315
HB 145 --Divorce; conduct of both parties .____....._. (No action in 1968)
HB 146 --Divorce; incurable insanity; grounds ...... 199, 370, 410
HB 1309 --Divorce; service of process; waiver . _ 977, 1098, 1165
HB 1480 --Eastern Judicial Circuit; Judges'
salary .._.....___._.....__.........._.__...._.1656, 1793, 1799, 1997, 3414
HB 958 --First bail, matter of right ___......_..... 218, 296, 339, 2052, 2186
HB 401 --First offenders; probation ....._.......__.___..__.197, 361, 3366, 3367
HB 1430 --Georgia Civil Practice Act; summons in cases
involving less than $200
._
. 1430, 1511, 1799
HB 884 --Grand Jurors; county or municipal officials
not allowed to serve ___.___.,,..____._________._________,,. 130, 164, 1520
3742
INDEX
SB 360 --Grand jurors; method of
selecting ------.-- .---- 1670, 1676, 1796, 1799, 3278, 3429
HB 1259 --Grand and traverse jurors; method of
selecting .... .._......__.... ............ .............. 929, 979, 988, 1108
HB 1228 --Griffin Judicial Circuit; Court Reporter;
compensation ................................... Bli, 934, 940, 992, 1672
HB 1227 --Griffin Judicial Circuit; Solicitor-General;
compensation ...... ....... -... ........ 874, 934, 1100, 1815, 2994
HB 1598 --Gwinnett Judicial Circuit; Superior Court
Judge's salary ...... .... ...... -2072, 2228, 2353, 2403, 3417
HB 624
--Habeas corpus cases; transcripts of proceedings ......... ...... .. ...... .... ..--. .... .. .. ...... --.. - -199
HB 1136 --Improper interrogatories; attorneys' fees
and expenses for filing objections .--___..--..... 592, 660, 831
HB 1658 --Indictments and acusations for any criminal
offense; regulations ...... ... .. .................... -.-2838, 2987
HB 1107 --Indictments; foreman of grand jury shall sign to
have legal effect ............. .... .. ..... ....... -----492,600
SB 79 --Judges and other personnel allowed to attend
seminars ............ ....... ....... ............................ . .... . -393, 813
HR 401-912 --Judiciary Commission; establish; amendment
to the Constitution ....._...._......_.... ..... ...... ----------156, 193
HB 796 --Jurors; compensation for wage loss ....._. (No action in 1968)
HB 917
--Jury; recommend death penalty .._._...........__.....__......_........... ............ 158, 194, 299, 586
HR 379-853 --Juvenile Court Law Study Commission;
create _._.......__...._._....._..... ................ 23, 134, 988, 1570, 3420
HB 853 --Juvenile; jurisdiction and procedure relating to
rights of offenders ----------------22, 133, 471, 717, 3408
HR 111-257 --Lookout Mountain Judicial Circuit; furnish certain
law books ............. ....... ._............._._....._.. .------199, 275, 499
HB 1164 --Lookout Mountain Judicial Circuit; Solicitor-
General; compensation ----.----599, 665, 668, 752, 1840
HB 883 --Name change; clerk of court to issue
certificate _...._.._-..... --... .__... -........ 130, 163, 299, 368, 1234
HB 1165 --Non-residents; jurisdiction ....._......___.........__......650, 726, 1320
SR 393 --Non-residents; personal jurisdiction;
torts -----------------2566, 2567, 2591, 2842, 3149, 3430
HB 220 --Non-resident plantiff; deposit ---- --------------942, 1210
HB 1422 --Ocmulgee Judicial Circuit; add one
Judge ----------------1311, 1444, 1517, 2031, 3349, 3356
HB 1569 --Ogeechee Judicial Circuit; Superior
Court terms -- .-------------1972, 2079, 2089, 2255, 2998
HB 153 --Payment of jurors included in bill of costs __..._...._.._.....___ 990
SB 420 --Piedmont Judicial Circuit; Solicitor-General;
compensation ...................... --2899, 2903, 2988, 3112, 3116
HB 1258 --Piedmont Judicial Circuit; Superior Court
terms ...._...___... ------_.--------------__.-- 929, 979, 1988, 2091
HB 870 --Practice of law; educational
requirements
-- ..._...--128, 162, 394, 578, 1322
HB 130
HB 277 HB 85 SB 250
HB 1213 HB 1355 SB 364 SB 254 SB 265 HB 506 HB 920 HB 1463 HB 1577 HB 1617 SB 324 HB 367 HB 889 SB 246 HB 509 HB 1340 SB 276 HB 69 SB 31 HB 690
INDEX
3743
--Public Defender; establish for defense of indigents ______..___.. ______________ 26, 348, 2851, 2937, 3006, 3106, 3107, 3349, 3432
--Searches and seizures; motion to suppress illegally seized evidence shall be made before trial __________________..199
--Senior Superior Court Reporters' Retirement Fund of Georgia; establish _____ ,,.___ ____ ____________________ 199
---Sheriffs; civil and criminal cases; enumeration of fees .______________.1167, 1239, 1315, 2626, 2844, 3143, 3430
--Solicitors-General; compensation _______________ 726, 829, 879, 989 --Solicitors-General; increase contingent
expense allowance ___________________ 1158, 1226, 1799, 2209, 3412 --Solicitors-General; salary payable
from State funds ___ ........1992, 1994, 2084, 2090, 3006, 3407 --Solicitors-General, Emeritus; Computation of
service . ............................. ...._________ _.._.._____ 884, 887, 938
--Solicitors-General, Emeritus; credit for service in the armed forces __________________________ ....... 739, 741, 828, 1990
--Solicitors-General, Emeritus; minimum salary, 65 years of age or over ._............_.__..__. (No action in 1968)
--Solicitors-General, Emeritus; minimum salary, 65 years of age or over ........159, 195, 1101, 1297, 1362, 2485
--Stone Mountain Judicial Circuit; Court terms _______ .___ ______________ ..... 1508, 1661,1799, 1813, 2846
--Stone Mountain Judicial Circuit; Judges' supplemental salaries ____......... .... ................ _______ 1973, 2080
--Stone Mountain Judicial Circuit; SolicitorGeneral's salary _____ ________...___.________....____._____. _______ 2076, 2232
--Superior Courts; alternate jurors may be substituted for original jurors ....... 2618, 2622, 2699, 2703, 2953, 3405
--Superior Court Clerks; appoint as Jury Clerks _____________ ________..___. _______ __..______________....._____199, 371
--Superior Court Clerks; fees for recording liens, mortgages and deeds ______ ____._______149, 188, 299, 1203, 1244
--Superior Court Clerks; retirement benefits ....._.._...._...__.1991, 1994, 2084, 2237, 2951
--Superior Court Clerks; retirement benefits; exemptions ........................____._...._....._...__............_ 199, 687, 3408
--Superior Court Clerks; use of microfilm .............. ______.....___1154, 1223, 1320, 2483, 3168
--Superior Court Judges' Emeritus; credit for service in armed forces ____.._ ___ _______.________740, 742, 828, 1990
--Superior Court Judges' Emeritus; retirement; credit for service _--............_............_.. .(No action in 1968)
--Superior Court Judges; additional benefits ........................................1099, 3275, 3430
--Superior Court judges' compensation .____ _................__.._.._..._._.._..(No action in 1968)
3744 HB 925 HB 691 HB 49 HB 689 SB 357 HB 572
HB 1486 SB 214 HB 959 HB 1116 HB 432
INDEX
--Superior Court, Judges, Emeritus; annual salary
if 70 years or over __-.....-_____..--_...._-_._......--..--.----.._. 160, 196
--Superior Court Judges; group
life insurance .___.._-...__.....__..--..__._----.._ (No action in 1968)
--Superior Court Judges' Retirement System;
create new system ......................... (No action in 1968)
--Superior Court; Judges'
secretarial service ............__--._.__..(No action in 1968)
--Superior Court Judges; serve in other
Superior Courts .....____....__.____._.____._..-_...._.___.1527, 1529, 1663
--Supreme Court, Chief Justices Emeritus, Justices
Emeritus; Court of Appeals; Judges Emeritus;
may serve in other courts .__...._._.. (No action in 1968)
--Toombs Judicial Circuit; Solicitor-
General's salary .....___.__..._.1657, 1794, 2593, 2710, 3005, 3074
--Torts; statute of
limitations -.__. - 669, 670, 733, 1099, 1728, 1799, 2583, 2899
--Traverse jury boxes; each county allowed
only one _.__.._...............-....-- .... 218, 296, 666
--Trials; accused may enter a demand for a
trial at any time ._..--
... 493, 602, 1990
--Unliquidated damages;
interest ..................................................197, 641, 3384, 3387
COURTS OF APPEALS
HR 409-912 --Judges; retirement age; amendment to the Constitution --...._. .... . .... -----157, 194
COURTS OP INQUIRY
HB 1436
--Misdemeanor; examination within 24 hours ........__...._..__......_.._._.....__..........1432, 1512, 2090
COURTS REPORTERS
SB 180
--Compensation by counties ......__.....__._._..._._...._. 944, 949, 984, 1518, 2973, 3404
COVINGTON, CITY OF
HB 1509
--Officials' conduct; certain limitations _...._..______..___.1782, 1979, 1988, 2096, 2995
COVINGTON, J. B. HR 194-604 --Compensate __........_.........___.._-.--. 2234, 2299, 3420
INDEX
3745
COWETA COUNTY
HR 557-1216--School system; merge with independent system of City of Newnan; amendment to the Constitution ............... 821, 880, 941, 1007, 1670, 1857
HR 486-1050--Water and sewerage; additional indebtedness; amendment to the Constitution --.-378, 463, 507, 552, 887
COX, LIEUTENANT JACKSON ELLIOTT HR 392 --Express sympathy for passing of ....... ........ .....141, 257
CRAWFORDVILLE, CITY OF SB 95 --New charter .
. ..
. ......(No action in 1968)
CREDIT UNIONS HB 1241 --Amend laws ..... .... ..... . . ...876,936,1798,2812,3411
CRIMES
HB 663
HB 781 HB 851
HB 1038
HB 901
HB 1300 HB 401 HB 904 SB 225 HB 836
HB 1328
HB 1329
--Bribery; unlawful to bribe candidates for
public office ................. .... ..................(No action in 1968)
--Conspiracy; create the criminal offense ........................ 339
--Conspiracy to commit a crime shall
be a crime
..
. 22, 133, 393, 483, 1104
--Cross burning; unlawful on public or
private property .
. . .. --..-.375, 460, 943
--False invoices; solicitation of money;
misdemeanor ....................................... 153, 190, 338, 441, 737
--False reports; unlawful ................976, 1096, 1165, 2201, 3412
--First offenders; probation ........................197, 361, 3366, 3367
--Gambling; felony .................................................. .......153, 191
--Gambling; felony ............ 2706, 2708, 2839, 2842, 3230, 3428
--Obscene telephone calls;
criminal penalties ...... .............. ........................393, 481, 886
--Uniform Narcotic Drug Act; penalties
for violations .................... ............ ....... 1092, 1162, 1664
--Worthless checks; felony to pass
if more than $300 ...................... . ..................1092, 1162, 1228
CRIMINAL CODE
HB 5
--Revise, supersede and consolidate ... 18, 27, 146, 171, 3169, 3293
3746
INDEX
CRIMINAL RECORDS
HR 289 SR 110
--Central Computerized Criminal Records System Study Committee; create ........ (No action in 1968)
--Study committee; create ......................................... 2843, 3277
CRIMINAL STATISTICS
HB 1656 HR 838
--Bureau of Criminal Statistics; create .............................. .............. ....... -. .... - 2838, 2987
--Create committee to study feasibility of establishing -.----..--- ........... .-. .-2745,3112,3188
CRISP COUNTY HR 674-1450--Crisp County-Cordele Industrial Development Authority; create; amendment to the Constitution .-.--.-.-.-1435, 1515, 1519, 1721, 2245, 2935
CROSBY, REV. CARROL --Prayer offered by ............ ..... ..... ..... .... .... ...... --...320
CROSS BURNING
HB 1038
--Unlawful to burn on public or private property ..................................
.... 375, 460, 943
GUMMING, CITY OP HB 1386 --Corporate limits __......_._... ----..1303, 1438, 1447, 1530, 2357
CUSSETA, TOWN OP
HR 667-1435--Charter Commission; create; amendment to the Constitution ..... ....... ...... ..... .... - -1432,1512, 1665
D
DAISY, CITY OP SB 380 --Charter
............................ 2242, 2246, 2349, 2593, 2596
INDEX
3747
DALTON, CITY OF
HR 669-1440--Building Authority; create; amendment to the Constitution __._____._ 1433, 1513, 1519, 1702, 2245, 2647, 3035
HB 1215 --Corporate limits ................................821, 880, 1100, 1171, 1671 HR 670-1440--Dalton-Whitfield County Development
Authority; create; amendment to the Constitution _........_..__......___...__....1433, 1513, 1519, 1715, 2244 HB 1214 --Mayor and Council Employees' Pension Plan; clarify .__._....._..._.__.._...........__..._.__...... ......._...._.....821, 879 HB 246 --Payroll tax ,,_..........._--....-..-..-.__..__._....._._.._.__._..__._..567
DALTON FOOTBALL TEAM HR 562 --High School football team: commend .................................763
DANIEL, J. C. (MOODY) HR 893 --Commend _....__...-..___._...-_-..-___..-_.-....-__.._._.__.._._._..--.___3206
DARDEN, L. D. HR 528-1156--Compensate ._..-_...._......__.....__.__596, 663, 1798, 2027, 3423
DASHER, TOWN OF HB 1130 --Corporate limits; redefine ....._.___._..-.591, 659, 667, 745, 2355
DATA PROCESSING
HB 1206
--State Communications and Data Processing Management Board; create .............................725, 826, 1321
DA VIS, S. R. HR 554
--Expressing appreciation ..........................................................687
DAVISON, HONORABLE FRED HR 575 --Commend _____.__._ -- -.__________..__.._._._________ 775
DAWSON COUNTY
HB 1134
--Board of Commissioners of Roads and Revenues; compensation ....._...._.._.592, 659, 667, 746, 1169
3748
INDEX
DAY CARE CENTERS
HR 353
--Mentally retarded; create committee to study ... ......................................... .....(J^Q action in 1968)
DAYLIGHT SAVINGS TIME
HB 915 HB 1431 HR 580
HR 652
--Abolish ....... ............. ..................158, 194, 338, 950, 951, 1025 --Abolish within the State ...... .............................1430, 1511, 2234 --Georgia Congressional Delegation; requested to
initiate federal legislation to shorten .......-......-...--.--.-780 --Schools; delay opening if Georgia remains
on Daylight Savings Time ..............._................ .............1268
DEATH CERTIFICATES HB 1253 --Increase fee of local registrars . ............ --.-928, 978, 987
DEATH SENTENCE
HB 1095 --Abolish ........................................ ..................... ..........458, 497 HR 413-923 --Abolish; amendment to the
Constitution .. ...................................160, 196, 471, 1963, 1964 HB 917 --Jury; recommendation of death penalty ....158, 194, 299, 586 HR 411-917 --Sentence commuted to life imprisonment; parole;
amendment to the Constitution ................158, 195, 299, 450 HB 916 --Sentence commuted to life imprisonment;
parole ... ...... .............. ........ .. ........ 158, 194, 299, 454, 582
DEBTS HB 1144 SR 215 SB 384 HB 1472
--Collection; prohibit use of simulated court process .............._......_...._._._._.......-_._.._..__-..594, 661, 830
--State Government; amendment to the Constitution ... ...... ......................... ..........2619, 2623
--State Government; aggregate shall not exceed 11% of total revenue received ... ............_..... .......2707, 2709, 2839
--Unincorporated organizations or associations; liability . ......................... .........................1653, 1790, 2592
DECATUR, CITY OP
HB 1366 --Parking Authority; create ..........1219, 1313, 1320, 1453, 2561 HR 559-1220--Revenue obligations; authority to
issue and sell; amendment to the Constitution ... ............................822, 881, 989, 1018, 1667
INDEX
3749
DECATUR HIGH SCHOOL
HR 389 --Football Team, Coach; commend
.138
DECATUR COUNTY
HR 613-1309--Bainbridge-Decatur County Beverage Control Board; create; amendment to the Constitutions-978, 1098
HR 684-1477--Bainbridge-Decatur County Industrial Development Authority; create; amendment to the Constitution _____ ....______. ....1655, 1792, 1800, 2006, 2850, 3052
HB 902 --Board of Education; expenditures _____.153, 190, 198, 224, 501 HB 1096 --Board of Education; members'
elections __________________________459, 497, 502, 507, 1518, 1677, 2560 HR 408-912 --Justices of the Peace; increase jurisdiction;
amendment to the Constitution _.......157, 194, 198, 249, 887
DECEPTIVE TRADE PRACTICES ACT, UNIFORM HB 850 --Adopt ________ ...................... _______ 22, 133, 337, 483, 1803, 1844
DEEDS HB 301 HB 335 HB 1077 HB 889
--Conveyance of lands; require inclusion of
address of maker .. . _
(No action in 1968)
--Recording; include reference to last
recorded instrument ..... ........ .............. (No action in 1968)
--Secondary security instruments;
clarify ___._. ..____ ______________________ ___.384, 468, 1446, 2537, 3409
--Superior Court Clerks; fees
for recording _______ ______________ _________ 149, 188, 299, 1203, 1244
DEER
HB 595 HB 1483
--Hunting at night; increase penalty ______..(No action in 1968) --Minors; 15 years or younger, supervision
of adult ....... ........ .............................. ____1657, 1794, 1987
DEFENSE AND VETERANS AFFAIRS COMMITTEE HR 286 --To function after adjournment _ ______ ____(No action in 1968)
DEKALB COUNTY
HB 1620
--Board of Commissioners of Roads and Revenues; Chairman and Executive Assistant's duties;
reconstitute districts ... ... 2224, 2346, 2573, 2843, 2856, 3418
3750
INDEX
HB 1542 --Board of Commissioners of Roads and Revenues;
Chairman and members; compensation ......_.........1788, 1984
HB 191 --Board of Commissioners of Roads and
Revenues; election ----------------------.(No action in 1968)
HB 1621 --Board of Commissioners of Roads and
Revenues; election _-.-.---------------------------2225, 2346
HB 1097 --Commissioner of Roads and Revenues;
increase membership --------_.__--------------------459, 497
HB 403 --Board of Commissioners of Roads and Revenues;
Number of members; increase --------(No action in 1968)
HB 824 --Board of Education; Chairman and
members; compensation ___--_--.--____. (No action in 1968)
HB 1638 --Board of Education; expenditures _------------------2344, 2557
HB 1099 --Board of Education members; elections ...----_ --.--.459, 497
HB 193 --Board of Education members;
method of electing _______ __----__--_--..--__ (No action in 1968)
HB 192 --Board of Education members;
terms of office ___..__.._...._--._.__._._._._._..__.._ (No action in 1968)
HB 250 --Bond procedure .._.-_ 1319, 1324, 2900, 3082
HB 751 --Civil and Criminal Court; procedure _..__. (No action in 1968)
HB 962 --County Manager form of government; election ----..284, 329
HB 211 --County-Manager form of government;
referendum _....__.__--..-_.---------------- (No action in 1968)
SB 347 --County-manager form of government;
referendum ___..__ .-.-_-.-------_--------------1238, 1242, 1318
HR 26 --Fulton and DeKalb County Delegations; vote
required for local legislation __..___.._...__. (No action in 1968)
SB 312 --Pulton County Tax Commissioner; collection
of taxes due City of Atlanta situated in
DeKalb County ----------------1670, 1676, 1796, 2235, 2247
HB 1098 --Governing authority; members' elections .__.--.__..--__ 459, 497
HB 1208 --Juvenile Court Judge's salary -------726, 827, 830, 890, 1525
SB 155 --Local Government Study Commission;
establish _--..------------.--------------------1237, 1241, 1317
HB 1257 --Merit system; no discrimination ----928, 979, 988, 1108, 1672
SR 85 --Official organ ...
. _ _ _ 2902, 2903, 2989
HR 236-768 --Official organ .......------.------------------..(No action in 1968)
HB 241 --Official Organs; selection procedure ----(No action in 1968)
SB 328 --Planning Commission; public transportation
for hire --------------------------.1168, 1240, 1316, 2354, 2577
HR 29-79 --Police forces; reimbursement to municipalities for
maintenance; amendment to the
Constitution .--.---------------------------- (No action in 1968)
SB 183 --Political campaign posters --------..------------------3112, 3113
HB 1632 --Recorder's Court Clerk; issuance
of warrants ------.-------------- 2342, 2353, 2556, 2595, 3418
HB 1458 --Solicitor's salary ._--------..------...1507, 1660, 2843, 2852, 3414
HB 1637 --Teacher's tenure -------------------------------------- 2344, 2557
HB 1467 --Zoning and rezoning; improve
regulations -.------.1509, 1662, 1665, 1814, 3005, 3259, 3335
INDEX
3751
DEKALB PATRIOTS HR 748 --Commend _________________ ________._______.__.__..____..___.___..__. ..__..2157
DELAGUE, THEUS EVERETT HR 829 --Express sympathy for passing of ............ __________....__..__..2769
DEMING, DUANE E. HR 513 --Congratulate ______ ............................ _____________..__..____.........__. 424
DENTAL TECHNICIANS
HB 834
--Impressions of the mouth and repair of dentures; allow __ ._...._._.(No action in 1968)
DENTISTS SB 210
--Cruel treatment of children; included among parties permitted to repoi't cases of cruelty ____________ ______ 339, 474, 498, 987, 1275, 1991, 2188, 2508, 3040, 3107
DEPARTMENT OF AGRICULTURE
HB 1334 --Citrus fruit; promulgate grades and standards of quality ....................................1153, 1222, 1318, 2475, 3412
HR 609-1296--Commissioner; elected in the same manner as the Governor; amendment to the Constitution _________________________________ 975, 1095, 1101, 2056, 3424
HB 1333 --Concentrated commercial feeding stuffs; eliminate inspection fees ______ ______ _________ 1153, 1222, 1318, 2474, 3161
HB 1332 --Private seed testing laboratories; licenses ._______...__________..____-._..._.._.____...____1153, 1221, 1318, 2474
DEPARTMENT OF INDUSTRY AND TOURISM
HR 398-912 --Create in lieu of Department of Industry and Trade; amendment to the Constitution . ...___..__...__..._..__..___....... .______156, 192, 2592, 2958
DEPARTMENT OF INDUSTRY AND TRADE
HB 1636 --Employees; reimbursement of expenses incurred while on official business _._..___2343, 2557, 2592, 2796, 3168
HR 784-1636--Reimbursement of certain expenses; amendment to the Constitution ___._...____....___ 2343, 2557, 2592, 2802, 3404
3752
INDEX
DEPARTMENT OF LABOR
HB 419
--Inspection Division; boilers and unfired pressure vessels; regulations .............. .... ................ 1098
DEPARTMENT OP MINES, MINING AND GEOLOGY
HR 891 HB 969
--Reorganization; create committee to study _.___.....-____..--.3204 --Surface Mined Land Use Board;
establish ..... . ... ... .... ......... 285, 330, 605, 709, 1102, 1196
DEPARTMENT OF PUBLIC HEALTH
SB 286 SB 287 HB 1026 HR 645
HB 871 HB 1101 HB 1024 HB 1586 HR 775 HB 1253
--Birth certificates; certified copies, governmental agencies ...... ............,,...._..... 670, 670, 733, 987
--Birth certificates; name change; issuance of new certificate ... ..... ..... ....... ...................-670, 671, 733, 987
--Clinical laboratory personnel; licenses _..........._...........326, 391 --Dr. B. W. Forester, Chairman of Mental Health
Committee, State Board of Health; inaugurate a program recommended by ..................._-.__.___._.__1262 --Immunization of school children ....................... .......128, 162, 298, 364, 2085, 2647 --Medical or dental health; promote measures for early detection ......... ........... .... ......490, 599 --Medical laboratory personnel; licensing and regulating .... ... ........._............. ..........326, 390 --Radioactive waste; acquire suitable sites for storage .......................1975, 2082, 2237, 2782, 3416 --Submit certain information to the General Assembly ... .... ...... ..........................2183, 2352, 2753 --Vital Records; increase fee of local registrars ... ... ..... . .... ..... .._._...____...._.__.._.___....._.928, 978, 987
DEPARTMENT OP PUBLIC SAFETY
HB 1545 HB 1634
HB 1367 HB 840 HB 139 SB 259
HB 314
HB 174
--Director's salary ...... ...... ......................._.._........._.._..1789, 1985 --Driver's license; certain information may
be shown on reverse side ........ .___..__._._______.______..___.2343, 2556 --Driver's licenses; classification .....................1219, 1313, 1519 --Driver's license; expiration date ..........................20, 132, 1801 --Driver's license; expiration date ...... ... (No action in 1968) --Driver's licenses; honorary;
requirements ......... .... .............. .....884, 888, 939, 1519, 2666 --Drivers' license; minors 18 or less must complete
Driver Education Course before obtaining operator's license .. . ... .__.....__ --_.__----_._.__.-.-___....-_.__. 1800 --Drivers' license; prohibit marking in place of issuing warning tickets .........._............. (No action in 1968)
HB 1009 HB 308 HB 304 HB 881 HB 882
HB 931 HB 886 HB 843 HB 1245 HB 1050 SB 417 HB 4
INDEX
3753
--Drivers' license; reexamination after suspension ___.322, 387
--Drivers' license; suspension or revocation;
notification _____..._______.________.._______. ............. (No action in 1968)
--Drivers' license; suspension of revocation;
proof of required deposit ..................... (No action in 1968)
--Drivers' licenses; suspension, violation point count
system _____27, 136, 137, 441, 646, 648, 942, 2825, 3273, 3307
--Financial Responsibility Law; proof maintained
for year period after reinstatement of driver's
licenses
......... 27, 136, 137
--Georgia Bureau of Investigation;
clothing allowance .........._.........._....__...... __184, 219, 943, 1202
--Georgia State Patrol, Georgia Bureau of
Investigation; court fees _______._______.131, 164, 830, 909, 3408
--Radar; use of ............... ................21, 132, 137, 179, 1234, 1841
--Security Guard Division; create _____877, 937, 1519, 1952, 3411
--State Employees' Retirement System;
disability allowance ________________....____377, 462, 943, 2790, 3409
--Traffic laws; Governor's
powers ..........................................2901, 2903, 2988, 3113, 3289
--Use of timing devices and radar equipment . .._._____--______._668
DEPARTMENT OF STATE PARKS
HB 1394 SB 329
--Director's compensation ___________________ 1305, 1439, 1470, 1665 --Director's salary _ ........................2707, 2709, 2839, 2843, 3316
DEPENDENT CHILDREN ACT HB 385 --Dependent child; define . ..............
...(No action in 1968)
DEVELOPMENT AUTHORITIES
HR 399-912 --Counties and municipalities; creation; amendment to the Constitution ______ _________.._______156, 193, 832, 2981, 3420
DEVELOPMENT AND PROMOTION OF TOURISM --Interim Study Report . _________ ........................._______..______.._._3623
DEWBERRY, J. H. HR 443 --Commend .....................
........ ___......._.....261
DEYOUNG, MR. RAY HR 850 --Expressing appreciation ......--..-._........... _ ............_...,,........2913
3754
INDEX
DISCRIMINATION HB 1079 --State government employees ....
. .. ....... ...--..384, 469
DISPOSSESSORY WARRANTS SB 57 --Relating to property removed . - ......739, 741, 827, 1227, 1233
DIVORCE
HB 145 HB 146 SB 219 HB 1309
--Conduct of both parties be considered .. .(No action in 1968) --Incurable insanity; grounds ......_......_........_......._..199, 370, 410 --Practice and procedure; clarify ....._...._._._.....1167, 1239, 1315 --Service of process and appearance; waiver . -977, 1098, 1165
DOALE, HONORABLE JOE HR 855 --Commend-
.............. ............. ........__....._...............----..2916
DOBBS, MARK RUSSELL HR 439 --Congratulations on birth of .... ................................__...__.258
DOBBS, TIM HR 851
--Expressing appreciation ........__..._.._. ......--__._.--..--.------___.2913
DOCTORS HB 1477 HB 393
--Confidential communication; privileged information --.--------------------.----1655, 1792, 2088
--Confidential communication; privileged information ...._................._....._..._........_.. (No action in 1968)
DODD, HONORABLE ED HR 895 --Commend ............_....._.__..._......_....._......_.._....-._...._.._....---....--.3207
DODGE COUNTY
HR 543-1183--Dodge County-Eastman Development Authority; create; amendment to the Constitution .....-..-..-.-..-517, 655, 730, 735, 839, 1669, 1855
INDEX
3755
DOERUN, CITY OP HB 1011 --Recorder's Court; establish ...__.___________.322, 388, 394, 475, 738
DONALSONVILLE, CITY OP
HB 1495
--Mayor and Aldermen; compensation _._.____.__.___-.____....____.1780, 1977, 1988, 2093, 2846
DOOLEY, COACH VINCE
HR 281
--Republican Delegation; honorary member ......._.------_-.-.._....___....__..-_(No action in 1968)
DOOLY COUNTY
HR 678-1464--Industrial Development Authority; create; amendment to the Constitution ______._____________1508, 1661, 1800, 1832, 2565
HB 1271 --Ordinary's salary __.____.________._.._.__.__.931, 981, 1100, 1172, 1673 HB 1273 --Small Claims Court; create _.._______.931, 981, 1110, 1172, 1673
DORAVILLE, CITY OF HB 1173 --Corporate limits; redefine _.__.___651, 728, 940, 945, 2564, 2729
DOUGHERTY COUNTY
HR 607-1295--Albany, City of; merge and consolidate; amendment to the Constitution -974, 1095, 1099, 1187, 1667
HB 1654 --Ordinary's salary ______.._____.__.___.____.2589, 2697, 2702, 2862, 3419
DOUGLAS, CITY OP
HB 1343
--Board of Commissioners; members' election .______.___________._________.__________1154, 1223, 1227, 1324, 2238
DOUGLAS COUNTY
HB 1148 HB 1384 HB 1149
--Board of Commissioners; districts ....._...._._....._._._....._....._........__595, 662, 668, 750, 1236
--Board of Education; appoint Superintendent .__.___.______..___.______1303, 1438, 1447, 1547, 2240
--Board of Education; members and districts ...__...-..-......_.............. 595, 662, 668, 750, 1236
3756
INDEX
HB 1147 --Employees' salaries _____ .... . .................595, 662, 668, 750, 1235 HB 1146 --Law library; establish ........... _ ____ _____..594, 661, 667, 749, 1235 HR 687-1477--Water, sanitation, sewerage and fire protection
districts; amendment to the Constitution _ ... ___. ______ ___________1655, 1792, 1800, 2017, 2850
DOUGLASVILLE, CITY OF
HB 1150 --Mayor and Councilmen; salaries __ ....595, 662, 668, 751, 1236
DRIVER EDUCATION
HB 140 --Curriculum of high schools ........._...____.-- (No action in 1968) HB 842 --Curriculum of high schools ......................................21, 132, 137 HB 314 --Minors; operator's license ________..._____...___.-__._.--_______.___ ______ 1800 HB 654 --Secondary schools; financial
responsibility .... ..._. . .... ............ .... ...... .(No action in 1968) HR 319 --Study Committee; create ___________..._____._..___ (No action in 1968) HR 800 --Study Committee; create .............................. ...2462, 2990, 3186 HR 378-853 --Traffic fines and forfeitures; allocation;
amendment to the Constitution __..._..__._ ........23, 134
DRIVER'S LICENSE
HB 1634 HB 1367 HB 139 HB 840 ( HB 882
HB 1080 SB 259 HB 174 HB 314 HB 420
HB 1009 HB 308 HB 304
HB 881
--Certain information shown on reverse side ........... 2343, 2556 --Classification _____ ____ _____ ______ _____._______._______________1219, 1313, 1519 --Expiration date _____._..____ _____ ............_.___..__. (No action in 1968) --Expiration date ....................................................... 20, 132, 1801 --Financial responsibility law; proof maintained for
3 year period after reinstatement ....................27, 136, 137 --Honorary; requirements _ _______...______-.....___._...___.__._385, 469, 829 --Honorary; requirements _________.._________884, 888, 939, 1519, 2666 --Marking of; traffic violations ________________ (No action in 1968) --Minors 18 or less; Driver Education Course Required--_1800 --Motor driven cycle; special permit,
14 years of age or over ....._....._..,,.._._... (No action in 1968) --Reexamination after suspension .._._....._....._.....__......_. 322, 387 --Suspension or revocation; notification __._(No action in 1968) --Suspension or revocation; proof or
required deposit .._....._.........._.......... __.(No action in 1968) --Suspension; violation point count
system ___ 27, 136, 137, 441, 646, 648, 942, 2825, 3273, 3307
DRIVER TRAINING SCHOOLS
HB 967
--Private; compliance with standards prescribed by State School Superintendent _ ___ __.._____-_____....__-.___285, 330, 831, 912, 1450
DRUGS
HB 118
HB 1660 HB 1091 HB 469 HB 1328
INDEX
3757
--Lysergic Acid Di Ethylamide (LSD) ; regulate sale, etc. _____-..-.__-._______..______.____ (No action in 1968)
--Prescription; exempt sales tax _____.___.________________________.________3111 --Prescription; exempt sales tax ___.__________________..______________458, 496 --Sales tax; exempt ..... _____ _.... .... __...._.___.._._____ (No action in 1968) --Uniform Narcotic Drug Act; penalties
for violations ........................_.__...___._____..___.__.1092, 1162, 1664
DRUNK DRIVING --Interim Study Report .... .............__......_...._........_.___..._._.....__3460
DUBLIN, CITY OF
HB 893
--City Court; change name to State Court of Laurens County ...... .........149, 189, 223, 501, 501
DUNLOP COMPANY HR 762 --Commend ._......._..___.........................._......_......._...__...__....__......___..2170
E
EARLY COUNTY
HB 852 --Commissioners of Roads and Revenues; election ...................... ............_...........__..22, 133, 137, 166, 500
HR 406-912 --Early County Development Authority; create; amendment to the Constitution ............................157, 193, 198, 237, 1668, 1849
EASTERN JUDICIAL CIRCUIT
HB 1480
--Judges, salary; supplemental payments ........__......._........_......_..1656, 1793, 1799, 1997, 3414
EASTERN STANDARD TIME
HB 16
--Designated for all State governmental agencies ........__...---_--.._---.__-.-._... (No action in 1968)
3758
INDEX
EASTMAN, CITY OF
HB 1262 --Councilmen; election .__.__..______._.._..__.__.929, 980, 988, 1109, 1673 HR 543-1183--Dodge County-Eastman Development
Authority; create; amendment to the Constitution ..__._.....-_.._.517, 655, 730, 735, 839, 1669, 1855
EAST POINT, CITY OF HB 226 --New City Charter; establish ......,,.._._.._..(No action in 1968)
EAST THOMASTON, VILLAGE OF
HB 1005 --Abolish charter ._....._..-.._...-..._.....__...__.321, 387, 471, 512, 885
EATONTON, CITY OF HB 1536 --Council members' salaries ._._______.1787, 1983, 2235, 2249, 2996
EAVESDROPPING HR 333 --Committee to study invasion of privacy _. (No action in 1968)
ECHOLS COUNTY
HB 1526
HB 1528
HB 1529 HB 1527
--Board of Commissioners of Roads and Revenues; terms of office ._.._......__.__..._.......1786, 1982, 1989, 2099, 3415
--Board of Education members; election _...___.._....__.._..-..__..._..._._1786, 1982, 1989, 2100, 3415
--Judge; term of office __.__..___.._-._.__.1786, 1982, 1989, 2100, 3415 --Superior Court Clerks;
salary -______.1786, 1982, 2235, 2249, 2996, 3039, 3040, 3255
ECHOLS, MARGARET MISS
HR 542-1183--Compensate __..___-_.-.-__._.__-__.-._..__...__..654, 730, 1798, 2027, 3424
EDUCATION (See Schools, Taxation, Teachers)
HB 749 --Athletic functions, dances, etc.; unlawful to possess or consume alcoholic beverages if under 21 .__.___._._____,,_-,,..-__--__.__,,_.-_--_ (No action in 1968)
SB 41 --Compact for Education; Georgia be party to __._____._____..__-________.1526, 1528, 1662, 2841, 3325
HB 1092 --Compulsory school attendance; change age _____-458, 496 HR 433-952 --County Boards of Education; members' election;
amendment to the Constitution _,,._.--___----_------216, 295
INDEX
3759
HB 330 HB 842
HB 140
--County Superintendent of Schools; classification ------...671 --Driver Education Course included as part of
curriculum of all public high schools by 1968-69 school year ........................................_...21, 132, 137 --Driver Education Course; curriculum
of high schools ............._..............._......_... (No action in 1968)
HR 378-853 --Driver education; traffic fines and forfeitures; allocation; amendment to the Constitution ........_.....23, 134
HB 7 --Educational organizations; limit amount of estate left to religious organizations ......_._.....(No action in 1968)
HR 191-597 --Educational tax levy; change millage limitation; amendment to the Constitution ........._..(No action in 1968)
HB 899
--Equalized school property tax digest; 1969 shall be the same as 1968 ....................153, 190, 298, 444, 1449, 2646
HB 453 --Exceptional children; educational programs ....470, 692, 1450
HR 656
--First grade teachers; create study committee to study method for providing additional incentives ........................_.__.._..__.....................1271, 2592, 2628
HB 255
--Georgia Higher Education Assistance Corporation; use of State funds by banks ............... -(No action in 1968)
Education Committee --.--........-----..........--...... ..............3474
HB 1065
--Georgia Higher Education Assistance Committee; create __--------.------381, 466, 606, 705, 1450
HB 1066
--Georgia Higher Education Assistance Corporation; student loans, federal requirements ..................................... 382, 466, 606, 815, 1450
HB 360 --Georgia Higher Education Assistance Corporation;
selection of State depositories __...___.._...(No action in 1968)
HR 845
--High school graduates and University System of Georgia; create study committee ....................................2910
HB 1357
--Income tax; deductions from gross income for school expenses ....................!..--.----...... 1158, 1226, 1521
HB 1648 --Independent school systems; merger ........... 2555, 2590, 2592
HB 871 --Immunization of pupils ..........128, 162, 298, 364, 2085, 2647
HB 892
--Local boards of education; monthly summary of all receipts and expenditures ................._............_._..... 149, 189
HR 711-1479--Local school systems; particular tax shall be allocated; amendment to the Constitution __.________.___...-.........1656, 1793
HB 544 --Lunchroom personnel; minimum wage ....(No action in 1968)
HB 900
--Minimum Foundation Program of Education Act; lapsed funds __.._...___.__............_.....153, 190, 298, 446, 737
HB 498
--Minimum Foundation Program of Education Act; transporting of pupils; calculation of costs ________________-___-___,,--__.__________--------(No action in 1968)
HB 33
--Minimum Foundation Program of Education Act; Assistant principals included within term "certificated professional personnel" __(No action in 1968)
HR 599-1247--Non-profit schools; suspend sales tax on sales of food ............................ 878, 938, 1802, 2527, 3403
3760
INDEX
HR 288 --Pre-School Children Study Committee;
create
.._......._._ (No action in 1968)
HB 795 --Private business schools; provide for regulation,
inspection and approval .........._._._______.__ (No action in 1968)
HB 967 --Private driver training schools;
regulate _.... ...._..._.___..__.___.____._.__..__..__.285, 330, 831, 912, 1450
HB 846 --Private elementary; exempt sale of
food on premises _._.___.._..._.___..21, 133, 990, 1487, 3168, 3367
HB 1315 --Private schools; exempt sales tax,
property sales ._.., ......_........_....1090, 1160, 1321, 1573, 3167
HB 331 --Professional personnel; separate classification ___.__--_--____671
HB 17 --Public Schools Employees' Retirement
System; create _.__.-___-___-_.,,_.---_--_--_.--..(No action in 1968)
HB 909 --School consolidation; authorization ..___._____.__..__ .154, 191, 2234
HR 714-1514--School drop-outs; create interim
study committee ._......................_-.._-...............1783, 1980, 2592
HB 545 --School lunchroom personnel; specific
appropriations _._...__._....._...____._._._.___..... (No action in 1968)
HB 654 --Secondary schools; Driver Education Course;
financial responsibility ______..__._._.._........(No action in 1968)
HB 1375 --State Board; contracts ..................1221, 1315, 1319, 2475, 3165
HR 229 --State Board; create Committee to act as liaison
between State Board of Education and House
of Representatives ................_....._.._....,,. (No action in 1968)
HB 1424 --State Department of Education;
create Industrial Services Advisory
Committee ..___._.___._..--.------1311, 1444, 2592, 2796, 3413
HR 217-712 --Student loans; issuance of revenue bonds;
amendment to the Constitution .._.....-......._...831, 1207, 3000
HB 546 --Student's voting rights; appraisal at age 17 ....470, 867, 3170
HB 721 --Superintendent's office; minimum standards and
salaries, clerical personnel .,,.....-.----...(No action in 1968)
HB 711 --Superintendent's office; salaries for clerical
personnel ....................__..................._.....-...-....,,..,,..-...------..2592
HR 38-106 --Taxation; allocation to local units of school
administration; amendment to the
Constitution_----------.------------------(No action in 1968)
HR 181-555 --Taxation; school lunch purposes; amendment
to the Constitution ...................._....._....... (No action in 1968)
HR 41-131 --Taxation for school lunch purposes; amendment
to the Constitution .._.................,,.......... (No action in 1968)
HB 682 --Taxation of school property; redemption,
certain conditions ................................... ...........736, 895, 949
SB 247 --Teacher allotment; change
provisions . ...... ..._.........-....._..........._.669, 670, 733, 2234, 2891
HR 479-1029--Teacher Certification Policies Study
Committee; adopt report ..............327, 391, 470, 910, 1804
SR 227 --Teacher Hall of Fame;
provide . ............ ............2708, 2710, 2840, 2841, 3099, 3431
HB 298 --Teachers; declare legally recognized
profession - ..........-._.-__..._...__,_,,__.__..__. (No action in 1968)
INDEX
3761
HB 1103 --Teacher allotment; Minimum Foundation Program of Education Act ___________________ .._______490, 599, 986, 1419, 3165
HB 121 --Teacher Tenure Act; create --___________.__.___________________.._________2234 HB 94 --Teachers' Retirement System; additional member of
the Board of Trustees __________________________ (No action in 1968) HB 1180 --Teachers; board of three examiners may classify;
certain counties -_----.._.__--____.....______.__654, 730, 2592, 2805 HB 1244 --Teachers' sick leave; accumulation when
transferred .. .__._-_._...... .................................................SIT, 937 HB 1021 --Teachers' Retirement System; adjustment of
post-retirement benefits ..........................B25, 390, 944, 2955 HR 608-1295--Teachers Retirement System; allowances
to beneficiaries ....._........ ..........--._......-974, 1095, 1101, 2480 HB 713 --Teachers' Retirement System; appointment of
additional members ________________________________ (No action in 1968) HB 65 --Teachers' Retirement System; conditions of
membership .__.__________._____________________________'_________... _______ 199, 359 SB 266 --Teachers' Retirement System; credit for service
in the armed forces ___._______.__.. ___...________._____________739, 741, 828 HB 671 --Teachers' Retirement System; creditable service,
certain cases ___..____.___._..._____.______1445, 2585, 3273, 3310, 3431 HR 142-403 --Teachers' Retirement System; create for all school employees;
amendment to the Constitution ____________199, 314, 1166, 1283 HB 952 --Teachers' Retirement System; earnable compensation,
University System of Georgia _._.________216, 294, 2592, 2813, 3371,3371,3432
HB 78 --Teachers' Retirement System; full service allowance after 40 years' service __________________________ (No action in 1968)
SB 14 --Teachers' Retirement System; leaves of absence __________,,____.--_-----________(No action in 1968)
HB 995 --Teachers' Retirement System; minimum floor.._.291, 335, 2592 HB 87 --Teachers' Retirement System; minimum floor of $5.00 for
each year of service up to 40 years ____(No action in 1968) HB 86 --Teachers' Retirement System; payment of minimum
benefits to certain members _______________________________________.________199 HB 1000 --Teachers' Retirement System; transfer of service
credits ...._________.___________.___....__.__292, 336, 986, 2529, 3035, 3070 HB 1359 --Teachers' sick leave; 3 days may be used for personal
leave upon proper notice _____________ .______________1218, 1312, 1319 HR 773 --Teachers Tenure Study Committee; create.___2181, 2592, 2753 SR 183 --University System of Georgia,
Board of Regents; scholarships; amendment to the Constitution ___________ 2708, 2710, 2840, 2991, 3217, 3431 HB 1089 --Venereal diseases; blood tests to all students prior to entering 8th grade ______--__.----__.___-_.._456, 495
EDWARDS, HON. FRANK H. --Communication ______,,__.___-_-
__________506
3762
INDEX
EFPINGHAM COUNTY
HR 632-1401--Industrial Development Authority; create; amendment to the Constitution ........1306, 1440, 1448, 1558, 2244, 2394
ELBERT COUNTY
HR 377-853 --Industrial Building Authority; create; amendment to the Constitution ......................... 23, 134, 137, 226, 1668, 1849
HB 873 --Sheriff's budget ......................................128, 162, 198, 223, 500
ELECTION BILLS
HR 283
--Committee to study bills pending in the House .____.___._.___.__.-___._-_--_._-_-._------.-_-_-(No action in 1968)
ELECTION BOARD, STATE (See Elections, Voting)
HB 1057 HB 1058 HB 874
--Additional powers ___.__..._.__..__.__..379, 464, 509, 628, 3395, 3398 --Members' salaries ...... ...... 379, 464, 509, 626 --Members' compensation ........................128, 162, 200, 509, 509
ELECTION LAWS STUDY COMMITTEE HR 490-1060--Create ........ ............................................380, 465, 509, 633, 1804
ELECTIONS SB 304 HB 771 HB 1178 HB 1051 HB 315 HB 1052 HB 1055
HB 134 HB 253
--Automatic recount of votes cast ............2706, 2708, 2839, 2845 --City employees presiding as manager of election; repeal
act prohibiting .._..._.-.__-..._-.........._.._...._._. (No action in 1968) --Conventions; regulations governing
conduct ... ..............................652, 729, 736, 1470, 3039, 3084 --Deputy Registrars ..........378, 463, 509, 630, 2563, 2641, 2899,
2922, 3034, 3169, 3175 --Disqualification lists; file with election registrars and
Secretary of State ..._..._......._..........__.._...(No action in 1968)
--Electors; additional methods for casting vote -___.-.__.-___.-_.._-.._-_...-.--_.-__.378, 463, 508, 621, 1322, 2190
--Election districts; number of electors ................379, 464, 508, 616, 1234, 1365, 1528, 1865, 2242, 2314, 2339
--General elections; prohibit voting of a straight
party ticket .__.____--_----,,---_.._.--_.--.._-- (No action in 1968)
--Georgia Election Code; amend _-.--._...(No action in 1968)
INDEX
3763
HB 28 --Georgia Election Code; unlawful campaign practices; literature ._._..__..,,._.............._...(No action in 1968)
--Election Laws Interim Study Report ____________________.____.___3478 HB 1087 --Municipal elections; eligibility _----456, 495, 736, 1293, 2566 SB 151 --Municipal primaries -...-.__.-._.___....___...._._.669, 1116, 1872, 3406 HB 1172 --Municipalites; public notices outside all
polling places ...._,_...___....-....__._.___....._...__.........651, 728, 2237 SB 76 --Nomination petitions; candidate shall
pay cost .__...._--_.__---____-_,,___-___________________ (No action in 1968) HB 429 --Nomination petitions; cost incurred ....__..(No action in 1968) HB 1313 --Nomination petitions; presidential
electors ......_....._........_....___.__........__...__..1089, 1159, 1228, 2325 HB 1155 --Nomination petitions; presidential
electors _......._.....__...._........._..._....._....._:596, 663, 669, 796, 3167 SB 181 --Notice of candidacy by incumbent ______..._..___..509, 636, 704, 798 HB 1054 --Notice of candidacy; 60 days prior to General
Election __._______.____._...._____..____._____.._______.379, 463, 508, 625, 1234 HB 638 --Party registration ________..,,.____..,,____._..____.___ (No action in 1968) HB 271 --Party registration, voting machines;
provide for _...__._...._.___....___......_...._..........(No action in 1968) HB 1023 --Petitions to nominate candidates;
filing of __.._.___-_________-__.._.___-.__..326, 390, 508, 614, 1803, 2189 HB 1053 --Presidential electors; procedure ._____.378, 463, 508, 623, 1450 HR 653 --Presidential Elections; United States Congress requested
to provide proportional counting of electoral vote ____._____________,,__,,______,,____---_____-_..__._-_____1269, 1449 HE 216-712 --Primaries; power of taxation; amendment to the Constitution .._.-__.._....___.._.__._...__.......__.......(No action in 1968) HB 539 --President and vice-president; residence requirements _,,______,,___.,,,,_...._,,__............_(No action in 1968) HB 75 --Solicitation of votes; unlawful in or near polling places ----,,---_,, _______...... (No action in 1968) HB 546 --Student's voting rights; appraisal at age 17 ____470, 867, 3170 SB 359 --Unlawful campaign practices; prohibit _._.______________.__.___.___.1527, 1529, 1663, 1990, 2965, 3406 HB 1056 --Voter recorders; number required -379, 464, 508, 622, 1235 HB 837 --Vote recorders; vote party ticket or for individuals __.......____.,,.._,,--.-_..----..___.,,-(No action in 1968) HB 248 --Voter registration requirements, certain elections _..._____..._.__._._-_.__.__.....______.509, 638, 1238, 1367, 1740 HB 1189 --Voting machines; designating letter or number of the counter __...........__-..-.-...__.___.____...-..___.665, 731, 736, 1870 HB 483 --Voting machines and vote recorders; voiding of votes ____.--.,,--,,...----,,_.__ -- (No action in 1968)
ELECTRICITY
HB 1166 HB 1512
--Electrical contractors; performance bonds _____....___.._ 650, 727 --Uniform Commercial Code; secured transactions;
distribution of electricity ________1659, 1795, 1799, 2193, 3415
3764
INDEX
ELIZABETH, CITY OF
HB 1406 HB 1618
--Corporate limits ........................ 1307, 1441, 1447, 1551, 2240 --New charter ............................................ZZZ^, 2346, 2353, 2569
ELKS, BENEVOLENT AND PROTECTIVE ORDER OF HR 753 --Commend and congratulate ...... ........ ...__._.. .-.- ....2162, 2617
ELLIOTT, WILLIAM A. "BUBBA" HR 751 --Express sympathy for passing of ............_.,,.... ... .... ......2161
EMANUEL COUNTY
HB 1448
--Board of Education; create five member Board ..........................................1435, 1515, 1518, 1687, 2358
EMINENT DOMAIN
HR 420-932 --Airports; relocation of occupants; amendment to the Constitution ........185, 220, 341, 1099, 1425, 1496, 1570, 2499
HB 989 --Appeals by owner of land .........................._._..........._.........290, 334 HB 880 --Court costs; responsibility for payment ... ....... 130, 163, 1446 HR 536-1179--Fair market value; amendment to the
Constitution _________.____________._.________._____._____.________._653, 729, 1446 HB 1291 --Payment of costs and fees _.._______.__.___.____.__._._____.__.___._.._973, 1094 HB 1363 --Private ways by individuals and corporations;
amend procedure .._................................-__..1218, 1312, 1446
EMPLOYEES' RETIREMENT SYSTEM, STATE (See Retirement)
HB 1016
HB 81 SB 278 HB 1050
HB 20
HB 1020
HB 291
SB 263
--Amend Act to correct typographical and technical errors _...._......_........._.__-_........__.._..._._._.__..._.......__._...324, 389, 943
--Creditable service; change provisions ....(No action in 1968) --Credit for service in armed forces ___._._____.740, 742, 828, 1521 --Department of Public Safety; disability
allowance _-...._-..__....-..._._....__...._......377, 462, 943, 2790, 3409 --Georgia Cooperative Services for the Blind, Inc.;
credit to certain members ...................... (No action in 1968) --Involuntary separation from employment with prejudice;
expand definition .__.325, 389, 1101, 1994, 2237, 2509, 3256 --Mandatory retirement, exempt certain
employees ......--. ... .......(No action in 1968) --Notice to certain employees prior to
retirement ...._______...__.__..__.______--..__.___.__.__.__739, 741, 827, 2991
HB 963 HB 1025 HR 651 HB 1033
HB 1037 HB 1051
HB 1032 HR 707 SB 208
HB 1001
INDEX
3765
--Prior service credit; Armed Services ...._.--__._-...__....284, 329 --Prior service credit; Armed Forces ____._________________________326, 390 --Prior service; requested to conduct a study --... ......._........ 1267 --Prior service credit; municipal or county
retirement systems . ......,____......_...__328, 392 --Prior service credit .............. ............329, 392, 1101, 1486, 3227 --Retirement allowances; inclusion of interest
in computing _____ _______ _ ...........324, 389, 943, 2216, 3166 --Retirement benefits prior to January 1, 1967 _..._......_328, 392 --Study committee; create _________ ________________ 1582, 2704 --Suspension of benefits under certain
conditions __.__.____. ____________ __......_._............ 2086, 2087, 2232 --Transfer of service credits _ 292, 336, 986, 2531, 3035, 3072
EMPLOYMENT SECURITY AGENCY; BOARD OP APPEALS
HB 758
--Replace Unemployment Compensation Law, Board of Review ............._.. ...... ....(No action in 1968)
EMPLOYMENT SECURITY LAW
HB 601
--Unemployment compensation for waiting period . _._--. _._.--._ ............_.. ........_,,.__._--. (No action in 1968)
ENGINEERS HB 83
HB 1321 HB 1312 HB 1559 HB 1508 HB 1508 HB 1219
--State Board of Registration for Professional Engineers and Land Surveyors; members' examination .... . ..... .. ....--. .___..__._.,,_. (No action in 1968)
--State Board of Registration for Professional Engineers and Land Surveyors; examination ____ ._.._.... .--1091, 1161
--State Board of Registration for Professional Engineers and Land Surveyors; examination ............_......_.. 1089, 1159
--State Board of Registration for Professional Engineers and Land Surveyors; license; certain persons,. 1970, 2078, 2594
--State Board of Registration for Professional Engineers and Land Surveyors; licenses ______________ 1782, 1979, 2594
--State Board of Registration for Professional Engineers and Land Surveyors; licenses __ ______________ _1782, 1979, 2594
--State Board of Registration for Professional Engineers and Land Surveyors; rosters available upon request ___.822, 880
ENTERTAINMENT EVENTS SB 154 --Regulate .. _____ ......_..... ......
____ ______________2234
3766 ESTATES
HB 7 HB 1132 HB 897 SB 371 HB 1031 HB 1043 HB 1042 SB 332 HB 868
INDEX
--Charitable, religious and educational organizations; limit amount of estate left to ..,,_._.__...... (No action in 1968)
--Death of a husband intestate; wife's application for dower __.___..___ -___.____.._____...__.592, 659, 830, 919, 1803, 1859
--Minors; bond requirement of guardians __.____..___152, 190, 339, 646, 2566
--Minors; property conveyances; consensual transactions, 18 years of age or older ......................1805, 1809, 1986
--Property appraisement; filing of request ______________ ___.____._____.__.__..___.___.328, 392, 606, 817, 3164
--Residuary bequest or devise, surviving widow; taxes and expenses of administration __.._.___ 376, 461, 666, 1574, 3167
--Trusts, testamentary additions __.__...._376, 461, 666, 861, 3165 --Widow's dower; how barred ...............1168, 1240, 1316, 1990,
3216,3429 --Wife's estate; debts of husband _____ ... _._______127, 161, 988
ETHICS, CODE OF SR 25 --Government service employees; establish . ..________. 338, 576
EVANS COUNTY
SB 342 --Board of Commissioners; compensation _________..___.___._1238, 1242, 1318, 2593, 2597, 3406
SB 341 --Clerk of Superior Court; salary ___ 1238, 1242, 1318, 1448, 1455 HR 631-1401--Industrial Development Authority; create; amendment
to the Constitution ______ __._____.__1306, 1440, 1448, 1554, 2244 SB 340 --Sheriff; Deputy's salary __ .___.__.1238, 1242, 1317, 1448, 1455
EVICTION HB 911
--Warrants; number of days' notice to tenant ___ . . . _________ . _ 155, 192, 393, 786, 2614
EXAMINING BOARDS, STATE
SB 316 HB 1169 HR 659 HR 351
--Additional class of applicants ___ 1526, 1529, 1663, 2704, 2967 --Applicants; additional class __.________._.___.._____.____._ 651, 727, 939 --Study committee; create ___._._____... ______ .___.___.__._____.____._____.__._1264 --Study committee .___._____.___________._____.___.._.__.__ (No action in 1968)
EXCEPTIONAL CHILDREN
HB 453 HR 700
--Educational programs .____.___.__.._._. ____..__.._._______._..470, 692, 1450 --Conference of the Council for Exceptional Children;
Speaker of the House to authorize certain named Representatives to attend ________._..._..........._...1577, 3113, 3184
INDEX
3767
EXCISE TAX HB 1041
--Municipalities; amusements; accommodations rented to transients _.....______.._________________________________.._______376, 461, 1521
EXECUTIVE CENTER
HR 600-1247--Designate as official residence of Governor ..___.__..___..._.__-....______..._____.879, 938, 1665, 2496, 3403
F
FAIR MARKET VALUE
HB 439
--Taxation on tangible property; method of assessment ........ .. ........ ... ...... ----(No action in 1968)
FALES, ROBERT M. HR 685-1477--Compensate . ... .... ............. ...--1655, 1792, 2233, 2303, 3425
FALLOUT SHELTERS
HR 278 HB 555
--Create study committee - ._..__.._._.____-..._.. (No action in 1968) --Georgia Fallout Shelter Commission;
create ....... ....... ........ ..... ...... ............ (No action in 1968)
FAMILY PLANNING SERVICES
HB 1085 HB 1260
--Authorized agencies to provide services to anyone requesting ........................_..._._._......_..... ............386, 470, 1664
--Services provided to any person requesting assistance .. ____.._._._.__._....___._..______.929, 979, 1522, 1954, 3411
FANNIN COUNTY
SB 414
HB 1129
HB 1128 HB 951
--Board of Commissioners of Roads and Revenues; elections . .._....._..............__.._....___....__......___.....2852, 2902, 2988
--Board of Commissioners of Roads and Revenues; salaries ............ ............ ..._...._.591, 659, 667, 745, 2898, 3050
--Deputy Sheriff; car allowance --......591, 659, 667, 744, 2560 --Law Library; establish and
maintain . ..............................__.__.....215, 294, 298, 395, 1524
3768
INDEX
HR 432-952 --Ordinary's Court; furnish certain law books _._._.__.___..__-_.-_._.___._-...-._.-.__-216, 294, 339, 863, 1527
HR 431-952 --Superior Court Clerk; furnish certain books ... .......___.___.__._.__...__...____.__.___._..__.216, 294, 298, 397, 738
SB 372 --Tax Collector's salary ..,.1805, 1809, 1986, 1989, 2134, 3429
FARMER, HONORABLE LEON, JR. HR 867 --Commend- .. . .. ..............-..._....__..........._......._...-_....-._.......3044
FARMS HB 683
--Machinery; exempt sales tax . ................................ 3040, 3084
FAYETTE COUNTY
HB 1623 --Ordinary's compensation ....2225, 2346, 2353, 2573, 3004, 3063 HB 1624 --Sheriff's compensation ....2225, 2347, 2353, 2574, 3004, 3063 HB 1625 --Superior Court Clerk; salary .........._..___._.._._.2225, 2347, 2353,
2574, 3004, 3062 HB 1626 --Tax Commissioner's compensation _._..__.........2225, 2347, 2353,
2574, 3004, 3062 HR 593-1241--Water, sewerage and fire protection districts; amendment
to the Constitution ...................... --876, 936, 941, 1021, 1667
FEDERAL TAX LIEN ACT OF 1966 HB 1341 --Registration .. ... .............................1154, 1223, 1320, 2191, 3412
FEDERAL WAGERING OCCUPATIONAL TAX STAMP ACT SB 134 --Amend. ...........__..._........................_.... .-- (No action in 1968)
FEEDING STUFFS
HB 1333
--Concentrated commercial feeding stuffs; eliminate inspection fees .. ... ...... ...........1153, 1222, 1318, 2474, 3161
FEMALES HB 1198
--Equal Pay for Women Act of 1966; amend .......657, 733, 940, 1286, 3170, 3250, 3315, 3324, 3342, 3382, 3383, 3389, 3433
FERGUSON, MRS. J. E. HR 483-1037--Compensate .........._........... ..........375, 460, 2234, 2302, 3423
INDEX
3760
FERTILIZERS
HR 561-1220--Joint committee to study standards; procedures and laws _______ ____ _______.------823, 881, 1098, 2749
FIELD, HENRY S. HR 646 --Express sympathy for passing of .--.------..--.------------1262
FINANCIAL RESPONSIBILITY LAW
HB 882
--Reinstatement of driver's license; proof maintained for 3 year period ________ ___________ _______ ____ ____________ 27, 136, 137
FIREARMS SB 240
HB 865
HB 1438
HB 856
HB 1094 SB 51 SB 50 HB 866 HR 774 HB 857
--Discharging on Sunday; allow under certain
circumstances _ _ ____________ _____________669, 670, 733, 2234, 3151
--Felony; unlawful to possess during attempt
to commit _____________________,,________ 25, 136, 606, 804, 2706, 2735
--Georgia Firearms and Weapons Act;
create _____ _____ _____ 1432, 1513, 1517, 2201, 2209, 2209, 2293,
2674, 3413
--Identification of persons qualified to acquire
or possess -._...
---24, 135, 736
--Permits to acquire; provide for ______________________ __------_458, 497
--Pistols; bond to carry; raise fee --____---- (No action in 1968)
--Pistols; license fee ------ -.___....___..-(No action in 1968)
--Riots; unlawful possession ------------__.._.--------_25, 136, 1100
--Safety study committee; create __----__------_2182, 2593, 2630
--Unlawful sale and possession; define offense ------24, 135
FIRE BOMBS
HB 907 HR 445
--Possession prima facie evidence ,,..... _----------154, 191 --Georgia Firemen Training Center; create study
committee ....... ___________ ____________________________ ----264, 508, 761
FIREMEN, TRAINING ACADEMY, GEORGIA --Interim Study Report .--------------------.._----_------ __.----_3482
FIREMEN HB 1010 HB 191
--Pension Fund; eligibility for membership .... . ____________ __322, 387, 943, 1374, 3001, 3222
--Settlement of employment disputes _ _____ ___ 2085, 2086, 2232
3770
INDEX
FISH AND FISHING (See Game & Fish)
HB 1111 --Commercial fishing boats; license fees .-492, 601, 604, 792, 1804, 2645
HR 507 --Rockfish Study Committee; create .-....-... ........419, 604, 762 HB 1489 --Sales tax; exempt commercially fry and fingerling
channel catfish ..._..... .__._____..__.__.___...__.1658, 1795, 1991, 2810 HR 655 --Shad Fish Study Committee; create __.___.__._.___.1271, 1987, 2148 HR 455-1013--Shad Fish Study Committee; create .....323, 388, 470, 689
FITZPATRICK, CLYDE N. HR 478-1029--Compensate .. .. . ........... ... ----.-327, 391, 2233, 2301, 3422
FLO YD COUNTY
SR 182
SR 207 HB 533 SB 406
HB 1466
--Board of Education; Workmen's Compensation; amendment to the Constitution ....886, 887, 938, 1448, 1467
--Board of Education; staggered terms for members; amendment to the Constitution ..1666,1677, 1797, 2593, 2610
--Contractors Bond; solvent security _._..____.___._____.._..________.__. 942 --Coosa Valley Area Vocational Technical School System;
create ...............................2613, 2621, 2698, 2843, 2869, 3407 --Solicitor-General Office employees;
Merit System ............ .......1509, 1662, 1800, 1820, 2616, 2931
FLOYD, HONORABLE JAMES H. "SLOPPY"
HR 901 HR 612
--Commend ... ... ........................................... ......... ... ... ......... 3212 --Congratulate ... .............................. ..........._...__..._...._._.___.__._.__._.960
FC-LKSTON, CITY OF
HB 1112 HB 1114 HB 1113
--City Manager's appointment ... 492, 601, 667, 675, 2563, 2924 --Close certain streets and alleys .. .... 493, 601, 667, 675, 2355 --Corporate limits; extend ......................493, 601, 667, 675, 2560
FOOD HB 846
HB 887 HB 469
--Private elementary schools; exempt sale of on premises . .......... ... ..... ... ......21, 133, 990, 1487, 3168, 3367
--Sales tax; exempt ._........_...__._...._....._........_..__....__....___...___131, 164 --Sales tax; exempt .. .......................... .......... (No action in 1968)
FORESTERS HB 1561
--State Board of Registration for Foresters; licenses as registered foresters ....... ........................ ......__..._. 1971, 2078
INDEX
3771
FOREST PRODUCTS
HR 803
--Study committee to study transportation; create _..__________.__________.____.___._________.__.2465, 2594, 2759
FORSYTE COUNTY
HB 1133
--Board of Commissioners of Roads and Revenues; chairman's salary ----------------592, 659, 667, 746, 1169
FORT OGLETHORPE, TOWN OF
HB 1440
--Mayor and aldermen; terms of office ^___^__1433, 1513, 1518, 1684, 2359, 3151
FORTSON, HONORABLE BEN W. JR., --Communication ___,,________.____________,,_______________----____5, 6, 7
FORWARD GEORGIA COMMISSION HR 530-1156-- Create ---------------------- ------597, 663, 1099, 2549, 3421
FRANKLIN SPRINGS, CITY OF HB 848 --Mayor and Council; terms ----------------22, 133, 137, 166, 500
FREDRICKS, DOUGLAS WINDSOR HR 831 --Commend -------------- ---
FRUIT HB 1334
-- Citrus; promulgate grades and standards of quality ___.._____._..._._____.__________1153, 1222, 1318, 2475, 3412
FULFORD, LT. C. W., JR. HR 569 --Commend . .--------------------_________________....____._..__769
FULLILOVE, HONORABLE W. TOM HR 690 --Commend _________________________________.__..___._..__________.___1591
3772
INDEX
FULTON COUNTY
HR 679-1465--Ad valorem tax levy; amendment to the Constitution ___________ _____________ _____________ ._____.1509, 1661, 1799
HB 662 --Airport Authority; create ................ .(No action in 1968) HR 234 --Airport Authority Study Committee;
create .____.___. ___________ ____________ .........(No action in 1968) HB 759 --Amusement tax _ ________ ______ ______________________ (No action in 1968) HB 1027 --Amusement tax ____________________________ ____________ .326, 391, 471, 510 HB 1141 --Atlanta, City of; city taxes; collection ___.593, 661, 667, 748 HB 1139 --Atlanta, City of; Tax Commissioner; tax returns Fulton
and DeKalb County ______ _ _._.__ _______ __593, 660, 667, 747 HB 1140 --Atlanta, City of; Tax levy ___________________________593, 660, 667, 747 HB 953 --Board of Commissioners of Roads and Revenues;
pensions ______ ____ . . ... ____217, 295, 298, 395, 3004, 3058 HB 1224 --Board of Elections; sample ballots 823, 882, 1227, 1230, 3410 SB 277 --Civil Court Judge; filling of vacancies _________ 1993, 1994, 2083,
2990,2992,3406 HB 1540 --Civil Service Board; salary per diem __._ ___________ 1788, 1984 HR 493-1063--Conveyance of certain real
property _______________ ... _______ ____ 381, 466, 1101, 1945, 3402 HB 1143 --Court reporters' compensation ________ 594, 661, 667, 749, 1806 HR 520-1103--Conveyance of a certain tract
of land ___ _________________ __________ __490, 599, 943, 1946, 3402 SB 274 --Criminal Court; Judge and Solicitor-General; filling
of vacancies __ . .... .... 1993, 1993, 2083, 2990, 2992, 3405 HB 1507 --Criminal Court; method of trial and correction
of errors . ______ ... __ ... 1782, 1979, 2235, 2249, 3414 HB 956 --Employees' Pension; maximum amount --... .-218, 296, 667,
671,1806 HR 26 --Fulton and DeKalb County Delegations; vote required
for local legislation . ... .......... ........... (No action in 1968) SB 308 --Joint City-County Board of Tax Assessors; abolish office
manager's position _ _____.______._1167, 1239, 1315, 2236, 2246
HB 971 --Judges' and Solicitor-Generals' Retirement Fund; eligible members .... ____________ .__ 285, 330, 2235, 2248, 3004, 3081
HB 972 --Judges' and Solicitor-Generals' Retirement Fund; eligible members; public defenders ............................ .... 286, 330
HB 955 --Judges and Solicitor-General; retirement fund ___ ...218, 296
SR 53 --License plates; purchase by check ..____ ___________ .2703, 2721
HB 1513 --Local Education Commission; re-establish _ . _____ _____ _. 1659, 1795, 2235, 2258, 3415
HB 1029 --Lodgings; excise tax 2% _ . _ . . 327, 391, 471, 511
HR 66-153 --Motor vehicle license tags; idemnification to Tax Commis sioner; amendment to the Constitution __(No action in 1968)
SB 190 --Planning Commission; eliminate certain exceptions _____ ___ __ _____ ___.1526, 1528, 1663, 2353, 2576
HB 282 --Ordinary's compensation _ 1670, 1676, 1795, 2353, 2404
HB 1142 --Planning and zoning; hearings ____ 594, 661, 667, 748, 3409 HB 954 --Public Defender; retirement fund 217, 295, 1227, 1229, 2999
INDEX
3773
HR 724-1550--Public parking facilities; establish; amendment to the Constitution ............. ..................1789, 1985, 2235, 2272
SB 193 --Radar; authorize use for traffic safety .......... .....................668 SB 236 --Sheriff's salary ....................1805, 1808, 1986, 2842, 2872, 3405 SR 63 --Solicitor-General; change name to
District Attorney ........2619, 2709, 2840, 2842, 3333, 3430 HB 1067 --Superior Court Clerk; salary ___...382, 466, 472, 515, 1803, 1845 HR 731-1589--Tax levies; amendment to the
Constitution . ......................................1976, 2083, 2593, 2626 SB 310 --Tax returns due City of Atlanta located in Fulton
and DeKalb County ........1740, 1741, 1797, 2235, 2262, 3405 SB 312 --Tax commissioner; collection of taxes due City of Atlanta
situated in DeKalb County ........1670, 1676, 1796, 2235, 2247 HB 1643 --Teacher's tenure ......__............_..._..........._._..........._.._...__.2345, 2558 HR 197-652 --Transfer certain property ...._.._......_........... (No action in 1968) HB 1395 --Trucks hauling gravel or stone; prohibited on streets
without protective covering _____._.____1305, 1439, 1569, 1665, 1688,3412
SB 319 --Warrants; execution ....................1167, 1240, 1316, 2353, 2403 SB 309 --Zoning changes; notification to tax assessing
officials ........................... ........1167, 1239, 1315, 2235, 2247
FUNERAL SERVICE, STATE BOARD HB 1496 --Board members; increase ....................1780, 1977, 2088, 2672
FURNITURE
HR 434-952 --Household and kitchen; exempt ad valorem tax; amendment to the Constitution _._......._.___.__..._..216, 295, 2627
GAMBLING
SB 134
HB 904 SB 225 HR 337
--Federal Wagering Occupational Tax Stamp Act; amend - ...... ....-...--...................._(No action in 1968)
--Felony; punishment ... .........._..........................._._.........___.153, 191 --Felony; punishment ............2706, 2708, 2839, 2842, 3230, 3428 --Parimutuel Betting Study Committee;
create ......._....................--.._...._......_...._...(No action in 1968)
GAME AND FISH COMMISSION, STATE
HB 1289 HB 1293
--Alligator farms; licensing ...........972, 1093, 1165, 1576, 2705 --Alligator hunting and trapping;
open season .....__....._._.....................973, 1094, 1165, 2046, 3411
3774
INDEX
HR 425-941 --Boating and fishing facilities; motor fuel taxes;
amendment to the Constitution _.------__.--___--__----___187, 222
HR 422-932 --Create a new Commission; amendment to the
Constitution ------------------185, 220, 2351, 2686, 3384, 3384
HR 397-912 --Create new Commission; amendment to the
Constitution ----------____. ----------__----_.___----------..155, 192
HR 415-923 --Create five member Commission; amendment to the
Constitution __--_----------. _____--------___----------__160, 196
HB 595 --Deer hunting at night;
increase penalty .......... --___(No action in 1968)
HB 1483 --Deer hunting; minors 15 years or younger prohibited to hunt
unless under direct supervision of adult .--1657, 1794, 1987
HR 49-133 --Director shall be elected at the same time and in the same
manner as Governor; amendment to
the Constitution --__----------------------(No action in 1968)
HB 997 --Outboard motors; certificate of title ...............291, 335, 470
HR 786-1643--Reimbursement of certain employees; amendment to
the Constitution ----------------2345, 2558, 2593, 2807, 3427
HB 1302 --Revise laws .
. 976, 1097, 1165, 2192, 2900, 3171
HR 282 --Study committee ------------------------.-- (No action in 1968)
HB 998 --Watercraft; maximum capacity ----------------------292, 335
GAME AND FISH COMMITTEE --Enforcement officers Interim Study Report ----------.--3490
GARDNER, REV. MILTON C., JR. --Prayer offered by --__--__--,,-----.------_.------.----------------488
GARNISHMENT HB 1163 --Grounds of attachment; non-residents ._-_----599, 665, 2090
GARRETT, MRS. REBECCA L.
HR 382-867 --State Board of Pardons and Paroles; impeachment charges ......----------121, 161, 502, 3435, 3442
GASOLINE HB 885 HR 354
HB 982
--Aircraft motors; exempt excise tax --------_____131, 164 --Committee to study purchase by State
agencies __----------_------_----,,.--_(No action in 1968) --Motor Fuel Tax Law; excise tax;
distributors _.----.__----_-___-- 288, 332, 1521, 2308, 2468, 2650
HB 854 HB 983 HB 1478
HB 124
HB 1179
HB 123 HB 984
INDEX
3775
--Motor Fuel Tax Law; exempt excise tax-.,23, 134, 1321, 2317 --Motor Fuel Tax Law; exempt sales tax __.____...____..___.___.288, 332 --Motor Fuel Tax Law; motor carriers; impose tax for use
of streets and highways ___________.1655, 1792, 1802, 2670, 3166 --Motor Fuel Tax Law; raise gasoline tax
to 7^' per gallon _.......__--...____.._____.___.____ (No action in 1968) --Motor Fuel Tax Law; refunds to counties and
municipalities ___._.___..____.__..__..__..________......__.._...._._653, 729, 1521 --Sales tax; exempt ____._______.____.._......_______________ (No action in 1968) --Tax; increase if purchased in other states ___._____.288, 333, 1521
GENERAL APPROPRIATIONS ACT
HB 23 HB 960 HB 961
--Budgetary authorization relating to certain
highway contracts ........._........_........._..... (No action in 1968)
--Provide for; 1968-69 ...._.... 218, 296, 1600, 1600, 1622, 1741,
2360, 2360, 2505, 2506, 2508, 2892, 3002
--Supplement ..
.
...._._.__.............. .......219, 297
GENERAL CONTRACTORS
HB 1196
--State construction; must submit list of all subcontractors and sub-contractors ...........----657, 732, 831
GENERAL: LOCOMOTIVE
HR 188 --Requested to be returned to Ringgold, Georgia .. ............. ._.__.__-- _.___.-- ._._.___--. (No action in 1968)
HR 495-1071--Withhold lease of Western and Atlantic Railroad until "General" has been returned to Georgia ........383, 467, 1165
GENERAL ASSEMBLY
HR 418 --Adjournments; January 19, 1968 and February 9, 1968 ............ .___._.__..___.__.._.____......___._..._.___....-. ........169, 472
HB 1152 --Bills affecting salaries must be introduced during first 10 days of any session ..............__._........ 595, 662, 1098, 1418
SB 293 --Bills affecting salaries of State officials must be introduced during first 10 days of any Session__884, 888, 939, 990, 2326
SR 223 --Congressional Delegation; promote closer liaison .... . ............ . ... ............ ............. . 2851, 2902, 2988
HB 1404 --Constitutional amendments; statutory interpretations _............_......__..1307, 1440, 1517, 2797, 3413
HB 1412 --Effective dates of laws ............... 1309, 1442, 1517, 1947, 3413 HR 725-1550--Election; four-year terms; amendment to the
Constitution ............................ -1789, 1985, 2089, 2476, 3426 HR 375 --Joint session to hear address by Governor ............ 12, 26, 109
3776
INDEX
HR 376 --Joint session to hear address by Governor _._____.___.____13, 27, 204 HR 381-866 --Legislative branch of government study commission;
create ... .._..___.__._____.._.__..____.__..___....................._._..__.________25, 136 SB 322 --License plates ____ ____ _____ _____.._________1103, 1105, 1164, 1800, 3221 HB 1220 --Lobbyists; identification badges . ________________ _____________ 822, 881 SR 205 --Meetings; amendment to the
Constitution _____________ ____._______._______.______1666, 1677, 1796, 1801 HR 372 --Notify Governor that General Assembly has
convened ___.___._._._._.. __.....__...._......._.. ..11, 26 SB 267 --Pension plans; certain persons employed by political
subdivisions shall receive credit for time served as member of General Assembly _____ 1103, 1105, 1163, 1521 SR 231 --Relative to adjournment _______________________ ________1740, 1741, 1776 HR 863 --Relative to adjournment ........................................ ___________ 3042 HR 780 --Relative to adjournment; Saturday, March 2, 1968 ________________ _____________________________ ......2177, 2565 SR 141 --Russell, Senator Richard A.; Invite to address ._________._26, 144 HR 905 --Sine die; adjournment _........................_............3374, 3433, 3434 SB 231 --Subpoenas shall not be issued to members while in Session ___________ _____________.___832, 832, 883, 990, 3221 SR 142 --Talmadge, Senator Herman; Invite to address ... .26, 145, 265
GEORGIA ADMINISTRATIVE PROCEDURE ACT
SB 299 SB 199 SB 202
--Solicitors-General, Superior Courts; Rules and Regulations of the State of Georgia ....................884, 888, 939, 1099, 2582
--State Board of Corrections; place under provisions of Act ................................200, 257, 297, 508, 3098
--State Board of Pardons and Paroles; place under for making purposes _ _____ ______ _____ 200, 258, 297, 1101, 3220
GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT
HB 1346
--Marketing procedures, certain agricultural commodities ___ ___ _ _______ ... 1155, 1224, 1445, 1957, 2999
GEORGIA BUREAU OF INVESTIGATION HB 931 --Clothing allowance ............................ ______ _184, 219, 943, 1202
GEORGIA BUSINESS CORPORATION ACT SB 230 --Create .......... ...........2360, 2398, 2559, 2703, 2984, 3013, 3428
GEORGIA CIVIL PRACTICE ACT
HB 891 HB 1430
--Court clerks; service by publication.- ____ .149, 189, 299, 346, 3039,3091
--Summons; cases involving less than $200 ... ....1430, 1511, 1799
INDEX
3777
GEORGIA COMMISSION ON CONSTITUTIONAL GOVERNMENT HB 941 --Create ..................._._...._.-_..._......_..........._._......_..187, 222
GEORGIA COMMISSION ON THE ARTS SB 218 --Create .... ........_.1103, 1104, 1163, 1321, 2581, 2638, 2971
GEORGIA ELECTION CODE
HB 253 SB 304 HB 771
HB 1051
HB 315
HB 1055
HB 1052
HB 134
SB 151 HB 429 HB 1155
HB 1313
SB 181 HB 1054
HB 638 HB 271
HB 1023
HB 1178
HB 1053 HB 539
HB 28
SB 359
HB 1056
--Amend ....... ............__.................. (No action in 1968) --Automatic recount of votes cast .._.____.___2706, 2708, 2839, 2845 --City employees presiding as manager of election;
repeal act prohibiting _________.__________.,,___ (No action in 1968) --Deputy Registrars .......__...........___..378, 463, 509, 630, 2563, 2641,
2899, 2922, 3034, 3169, 3175 --Disqualification lists; file with election registrars
and Secretary of State _......_..___._.___..._... (No action in 1968) --Election districts; number of electors __..____..379, 464, 508, 616,
1234, 1365, 1528, 1865, 2242, 2314, 2339 --Electors; additional methods for
casting vote _j_.._.._________.__.____378, 463, 508, 621, 1322, 2190 --General elections; prohibit voting of a
straight party ticket -- ......._._... (No action in 1968) --Municipal primaries _._.-______.__________..__________669, 1116, 1872, 3406 --Nomination petitions; cost incurred ...--..(No action in 1968) --Nomination petitions; presidential electors ..........596, 663, 669,
796, 3167 --Nomination petitions; presidential
electors ____..__.._____...______..._____.____.__.______.1089, 1159, 1228, 2325 --Notice of candidacy by incumbent ..___...__..-..509, 636, 704, 798 --Notice of candidacy; 60 days prior to
General Election _____._._____.__._____..._______379, 463, 508, 625, 1234 --Party registration ................ (No action in 1968) --Party registration, voting machines;
provide for __.__________.____________,,______________,,. (No action in 1968) --Petitions to nominate candidates;
filing of .._______.________-_____________.__.326, 390, 508, 614, 1803, 2189 --Political conventions; regulations governing
conduct ___._____._______.-..__...-_..___.652, 729, 736, 1470, 3039, 3084 --Presidential electors; procedure _._._.. 378, 463, 508, 623, 1450 --Residence requirements; presidential and
vice-presidential elections ......... (No action in 1968) --Unlawful campaign practices;
literature .........._...__.__......._-_--..--. (No action in 1968) --Unlawful campaign practices;
prohibit _....._.__..... _.__..........1527, 1529, 1663, 1990, 2965, 3406 --Vote recorders; ^number
required ............... 379, 464, 508, 622, 1235
3778 HB 837 HB 248 HB 1189 HB 483
INDEX
--Vote recorders; vote party ticket or for individuals __.-------..--._--.....--(No .action in 1968)
--Voter registration requirements, certain elections _______----........509, 638, 1238, 1367, 1740
--Voting machines; designating letter or number of the counter ____._.__________..____._655, 731, 736, 1870
--Voting machines and vote recorders; voiding of votes ___.--._.----------------(No action in 1968)
GEORGIA FALLOUT SHELTER COMMISSION HB 555 --Create ...... .-..--..-.___._.._(No action in 1968)
GEORGIA FIREARMS AND WEAPONS ACT HB 1438 --Create ......1432, 1513, 1517, 2201, 2209, 2209, 2293, 2674, 3413
GEORGIA GIFTS TO MINORS ACT
HB 966
--Create; life insurance policies and annuity contracts .....---- ..... .... ............ 285, 329, 942
GEORGIA GOVERNMENTAL DOCUMENTS SB 17 --Provide for publishing ............._..____... 2594, 3180, 3427
GEORGIA HEALTH CODE
HB 1352 SB 100
HB 1135 HB 1176
HB 1177
SB 339
SB 338 HB 1167 HB 1065
--Board of Health; increase membership __--,,_. 1157, 1225, 2352 --County Boards of Health; filling
of vacancies ___.._--_._.__._.----___------------..----..393, 806, 859 --Examination hearing; notice ----..... 592, 660, 967, 1488, 3285 --Hospital Authorities Law; revenue
certificates ------__-____------.652, 728, 987, 1956, 3366, 3369 --Hospital Authorities Law; use of general
funds or tax revenues ___------.____--652, 728, 987, 1957, 3410 --Sewage discharge; change
provisions ............. .--......2707, 2709, 2839, 2841 --Tourist courts; "public lodgings" ..--1237, 1241, 1317, 2701 --Water wells; drilling regulations ------650, 727, 1664, 2060 --Create ....__......_._..-.-___-__________ 381, 466, 606, 705, 1450
GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION
HB 255 HB 360
--Banks; use of State funds ........................ (No action in 1968) --State Depository Board; selection of
State depositories ...............________--_ (No action in 1968)
HB 1066
INDEX
3779
--Student loans; federal requirements relating to guaranteed loans .__..........._......._.......382, 466, 606, 815, 1450
GEORGIA HOME IMPROVEMENT ACT HB 108 --Create _._......_..._.._....._....._...__...._......_..._.,,......(No action in 1968)
GEORGIA HOUSING ADMINISTRATION
HB 802 --Create study committee ....................___..............._......_...........__2464 HR 594-1241--Joint committee to study feasibility
of establishing _.__.______._________________________________876, 936, 1101
GEORGIA HUMAN RELATIONS COMMISSION HB 923 --Create __................._.........._.._.............-..._._..........._.-....-...-_.160, 195
GEORGIA INDUSTRIAL LOAN ACT
HB 696 HB 565
--Maximum premiums on loans of $100 or less ...._....__.....__.._._____,,___________,,_________. (No action in 1968)
--Regulation on certain loans -_..------....._(No action in 1968)
GEORGIA INSTITUTE OF TECHNOLOGY
HR 587
--Georgia Tech-Clemson Basketball Game; expressing appreciation .._._..._......__.............____,_....___........._855
GEORGIA INTER-DEPARTMENTAL COUNCIL ON THE HANDICAPPED
HB 1063 HB 1012
--Create _..._._..............__.__..___........._...._-...381, 465, 987, 2044, 3409 --Credit for military service; clarify
provisions _____ 323, 388, 1101, 1481, 3034, 3069, 3169, 3180, 3233, 3234, 3279
GEORGIA LEGISLATIVE RETIREMENT SYSTEM
HB 1008
--Employees' Retirement System; transfer of creditable service __,,_.__ ...___.-__..__........._...__.._...._322, 387, 944
GEORGIA MILK STABILIZATION COMMISSION HB 945 --Create ._-_-....._-....__-_.--_-.-_......_.........._.188, 222, 336, 1201, 1516
3780
INDEX
GEORGIA MOTORBOAT NUMBERING ACT
HB 1193
--Extend provisions to cover certain additional watercraft _..._.. ............656, 732, 1987, 2772, 3410
GEORGIA POLICE ACADEMY ACT
HB 402
--Georgia Police Academy Board; abolish ..._...._........._........_...._.......
.....(No action in 1968)
GEORGIA POST MORTEM EXAMINATION ACT
SB 386 HB 1068
--Medical Examiners; appointment .... 2619, 2623, 2699, 2990 --Medical examiners; fees for
certain services ....... .____._. 382, 466, 1664, 2044
GEORGIA PRISON INDUSTRIES ACT
HB 743
--Compensation of certain inmates ........................201, 201, 3168, 3254, 3365, 3373, 3432
GEORGIA PRISON INDUSTRIES ADMINISTRATION
HB 1121 --Create
......
494, 603, 1101, 2207
GEORGIA PSYCHODRAMA PRACTICE ACT SB 174 --Create ...
1025, 1104, 1163, 2701
GEORGIA PUBLIC ASSISTANCE ACT HB 620 --Additional definitions _....__..._.._.......... .. (No action in 1968)
GEORGIA PUBLIC ASSISTANCE ACT OF 1965
HB 1156
--Acceptance of payment after certain date shall constitute a debt of the recipient _...__..__.____..___._____..___.596, 608, 663, 1522, 2330, 3165
GEORGIA REAL ESTATE COMMISSION
HB 386 SB 315
--Membership ___.___.,,___.._.______....____._...._..____..___. (No action in 1968) --Staggered terms of office for
members .....__.........__.._._.....1167, 1240, 1316, 1519, 2509, 2612
INDEX
3781
GEORGIA REAL ESTATE INVESTMENT BOARD HB 1216 --Abolish .......... _.,,__,,_. ___..___.. ..821, 880
GEORGIA RECREATION COMMISSION
HB 849
--Board of Recreation Examiners; create __...___.______..______.22. 133, 393, 567, 608, 1212, 3034, 3059
GEORGIA SAFETY FIRE COMMISSIONER
HB 1074
--Anhydrous Ammonia; classification ____._.____..____._.____..______..384, 468, 1446, 1955, 3165
GEORGIA SECURITIES ACT
SB 397
--Insurance, endowment or annuity contracts ___.___....._._____...__._.._.___..______._____._._______.2901, 2903, 2989
HB 1361 --Create __-._-_.__..______.____-___-_-__-______-._____..______.___.._...____1218, 1312, 1664
GEORGIA STATE BOARD OF NURSING HOMES
HB 1492
--Create; provide for licensing of nursing home administrators ___________ ._.1779, 1977, 2088, 2508, 3279, 3310
GEORGIA STATE SCHOLARSHIP COMMISSION
HB 1064
--Public relations and information programs; authorized to conduct _._.____..___._.________381, 466, 606, 705, 1450
GEORGIA STATE WAREHOUSE ACT HB 697 --Bond requirements for fungible goods --(No action in 1968)
GEORGIA STATE WAR VETERANS' HOME
HB 1049 SB 245
--Veterans' benefits ___.___..__.____.__.____._____________.__.._______._____..._..377, 462 --War veterans; redefine ____.___.___604, 607, 665, 939, 2665, 3406
GEORGIA STUDY COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
HR 661-1420 --Create ___-_____________________.__..___1311, 1443, 1518, 2047, 3424
3782
INDEX
GIDEON, MAJOR GENERAL FRANCIS C.
HR 816
--Address by _----_________._--_..__...___....___..._,_..._______.._.._.__.._......_____.2882 --Invite to address House of Representatives .._._..-....__........2637
GIFTS TO MINORS ACT, GEORGIA
HB 966
--Create; life insurance policies and annuity contracts ...........------_...-..._-...---------.285, 329, 942
GILBERT, HONORABLE LOUIS H. HR 743 --Express sympathy for passing of ------..__----...--._-_.--...2154
GILLESPIE, REV. JACK --Prayer offered by --.------...--...------........--.----_.._._.______--.147
GILMER COUNTY
HR 717-1522--Courthouse Library; Georgia Supreme Court Reports and Court of Appeals Reports; State Librarian to furnish certain volumes ..----1785, 1981, 2844
HR 719-1522--Tax Commissioner; authorization to collect tax fi. fas.; amendment to the Constitution _--..._._...__..._------.1785, 1982, 1989, 2139, 2850
HB 1522 --Tax Receiver and Collector; consolidate offices --_------..-.1785, 1981, 1988, 2098, 2847
GLASCOCK, CITY OF
HR 738-1616--Industrial Development Authority; create; amendment to the Constitution --------.--2075, 2232, 2236, 2429, 3314, 3345
GLASCOCK COUNTY
HB 1305 HB 1306 HB 1304
--Board of Commissioners of Roads and Revenues; members' compensation --------...977, 1097, 1100, 1174, 2560
--Tax Commissioner's compensation ----------------.-.977, 1097, 1100, 1175, 1675
--Treasurer's compensation ----------977, 1097, 1100, 1174, 1674
GLENWOOD, CITY OF
HB 1491
--Mayor and councilmen; qualifications ._...,,......................1779, 1977, 1988, 2092, 2846
INDEX
3783
GLUE, MODEL
SB 205
--Intentional inhaling of fumes; prohibit ___.___._____...____.____.___.._.__.499, 511, 603, 1165, 2975, 3405
GLYNN COUNTY
HB 1611 HB 1398 HB 1580
--Brunswick-Glynn County Charter Commission; create ......__...__._._..2074, 2230, 2843, 2856, 3417
--Juvenile Court; judges' salary __..__...._........._........._....._..._...1306, 1439, 1447, 1549, 3413
--Sheriff's deputies; additional ..... 1974, 2081, 2089, 2256, 3416
GOLDEN, DOCTOR CHARLES F. HR 694 --Commend .........._............-......-......-...-..-.-.-._-...-_-_.1594, 1805
GORDON COUNTY
HB 845 HB 844 HB 922
--Board of Commissioners of Roads and Revenues; create ........_..._._.__...._.._..._......21, 132, 137, 165, 736
--Development Authority; members' terms and appointments ................__..21, 132, 137, 165, 1528, 1843
--Superior Court Clerk and Ordinary; salary ._..........__..........__.._...__..._..159, 195, 198, 225, 1170, 1196
GOVERNMENTAL DOCUMENTS, GEORGIA SB 17 --Provide for publishing ...._........__........_._..._._.....2594, 3180, 3427
GOVERNMENTAL IMMUNITY HR 103 --Create study committee .___--..___.___-_______,,__ (No action in 1968)
GOVERNMENTAL IMMUNITY STUDY COMMITTEE HR 585 --Create _._._....._..__........._...._...._..._..._._............._...._..._784, 1101, 1246
GOVERNOR SR 157
SR 223
--Appointments submitted to State Senate for confirmation; amendment to the Constitution ....._......._....._.......__......._...2565, 2566, 2590, 2704
--Congressional Delegation; promote closer liaison ._........___._____.________.__.____--_____._____..__.... 2851, 2902, 2988
3784
INDEX
HR 322-838 --Election of; amendment to the Constitution ................14,, 736 HE 600-1247--Executive Center; designate as official
residence --_.------------------.----879, 938, 1665, 2496, 3403 SB 251 --Investigation of presentments or charges
against a sheriff; create committee to conduct ----------------------1103, 1105, 1163, 2844, 3141, 3430 HR 728-1570--Mansion in Ansley Park; name of grantee --------------------.1972, 2080, 2354, 2515, 3426 HB 1246 --Purchase of motor vehicles ------ 877, 937, 1990, 2515, 3411 HB 908 --Rewards for information; apprehension and conviction of a felon ------------------------------.154, 191 HR 6-1 --Runoff elections between two persons receiving highest number of votes; amendment to the Constitution _----__..__ 197, 341, 3169, 3173, 3234, 3236, 3315,
3378, 3433 HB 905 --State of Emergency; powers _----.--._,,.----_._.----__--__ 154, 191 HR 42-131 --Succession; amendment to the
Constitution --.------------------------(No action in 1968) HR 618-1345--Succession; amendment to the Constitution --------1155, 1224
GOVERNOR'S TRAFFIC SAFETY STUDY COMMITTEE
SR 253 --Create _--.-.._----._------------------------2620, 2710, 2840 HR 781-1631--Create ._----------------------... 2227, 2348, 2354, 2449, 3426 HR 729-1582--Create --------____--------.__.------------------------------_1974, 2081
--Interim Study Report .----..----.----.........--------.----------3626
GRADE CROSSINGS
HB 633
--Automatic signalling devices at grade crossings; installation --------------(No action in 1968)
GRADY COUNTY
HB 1385 HB 1595
--Board of Education; create new Board .--------------------.1303, 1438, 1447, 1548, 2240
--Chief deputy and clerk; salary -.2071, 2228, 2235, 2400, 3163
GRAIN STORAGE FACILITIES HR 871 --Study committee ----------___------............_------------3049
GRAND OLE OPRY, FAMOUS STARS HR 1706 --Invite ------------------._------------------ (No action in 1968)
INDEX
3785
GRANT, A. H. HR 482-1037--Compensate ...............__....__....._____......375, 460, 1798, 2026, 3423
GRANT PARK ZOO
HR 601
--Rural legislators urged to contribute toward purchase of an "urban" rhinoceros ________________._________________.888
GRANTHAM TRANSFER AND STORAGE CO., INC. HR 82-209 --Compensate __..._..__.._...........__........__.____....__.. (No action in 1968)
GRANTS HB 869 HB 1533 HB 862
HR 804 HR 708
--Counties; disbursement on quarterly basis . ._ . 128, 161, 736, 961, 1027, 2208, 3274, 3348
--Minimum grants; certain municipalities .....__._....._._....._._...1787, 1983, 2236, 2798, 3415
--Municipalities; disbursement on quarterly basis ._______. 24, 135, 736, 1273, 1360, 2207, 3273, 3318, 3342, 3347, 3366, 3375, 3433
--Municipalities; study committee to study merit of basing distribution; create __..__.-.___...-__.__...___......____...2466
--State; create study committee to examine methods of distribution .._.____....__..........._.......__._......_1583, 2752
GRAVES, HONORABLE CHARLES E. --Oath of office _____,,_..-_____________--_______-_________________________7
GREEN, MRS. LOUIE MAE HR 615-1320--Compensate ....._.........._._.._.___..._.___.1091, 1161, 1798, 2030, 3424
GREENE COUNTY
HB 1285
HB 1281 HB 1288
--Board of Commissioners of Roads and Revenues; Chairman and members' compensation _._.________.____.__________._______933, 983, 989, 1114, 1674
--Officials; salaries and mileage allowances ___.___________.______.____.____________933, 983, 989, 1112, 1674
--Tax Commissioner's compensation _.._____.______.,,,,__.__,,_____,, 934, 984, 989, 1115, 1674
3786
INDEX
GRIFFIN, CITY OF
HR 430-952 --Conveyance of certain real estate -.--------...._..--.....-...--...216, 294, 298, 571, 1804
GRIFFIN JUDICIAL CIRCUIT
HB 1228 HB 1227
--Court Reporter; compensation ...--.....874, 934, 940, 992, 1672 --Solicitor-General; compensation ......874, 934, 1100, 1815, 2994
GRIFFIN, RALPH W. HR 695 --Express sympathy for passing of ...--._--...--_..--. ..............1595
GROW, MISS ROSEMARY HR 854 --Commend ....._...._.............-..._-....-......_....._.........._...._.._....._....._..2916
GUARDIANS HB 897
--Minors; bond requirement ....................152, 190, 339, 646, 2566
GUNS SB 240
HB 865
HR 774
HB 1438
HB 856
HB 1094 SB 51 SB 50 HB 866 HB 857
--Discharging firearms on Sunday; allow under certain circumstances _____________.___._.__669, 670, 733, 2234, 3151
--Felony; unlawful to possess during attempt to commit ..._.._...._._...._.25, 136, 606, 804, 2706, 2735
--Firearms safety study committee; create .. .........._...._..._....__..........._.............._..2182, 2593, 2630
--Georgia Firearms and Weapons Act; create ..........1432, 1513, 1517, 2201, 2209, 2209, 2293, 2674, 3413
--Identification of persons qualified to acquire or possess __._.___..____..__--._--____...__...__.-__....24, 135, 736
--Permits to acquire; provide for ._____,,___.._,,____-.,,--.__._-__458, 497 --Pistols; bond to carry; raise fee ----.--..--.(No action in 1968) --Pistols; license fee ...._...--.....-.....--..-_....-..(No action in 1968) --Riots; unlawful possession ..__.__-_______.__------..25, 136, 1100 --Unlawful sale and possession; define offense --.----24, 135
GUNTER, HONORABLE JACK N. --Oath of office _.___------_---..------------.-------.--------... .5
INDEX
3787
GUYTON, TOWN OF
HB 1546
-^Voters' qualifications and elections ----,,_____------___1968, 2076, 2088, 2250, 2997
GWINNETT COUNTY
HB 404 --Board of Commissioners of Roads and Revenues; create ----____.____.340, 373, 429, 429
HR 806-1653--Board of Education; filling of vacancies; amendment to the Constitution _______________..__.2589, 2697, 2702, 2873, 3427
HR 785-1636--Employees and officials; create Merit System; amendment to the Constitution _____----__.,,____--____.2343, 2557, 2593, 2603, 3427
GWINNETT JUDICIAL CIRCUIT
HB 1598 --Superior Court Judge's salary ... 2072, 2228, 2353, 2403, 3417
GWYN, CHARLES R., SR. HR 752 --Express sympathy for passing of _.______--___.____--2161, 2617
H
HABEAS CORPUS HB 624 --Transcripts of proceedings ____.------.-_-__------------_...----199
HABERSHAM COUNTY
HB 1652 HB 1657
--City Court governed by
Superior Court . .,,. .
2589, 2696, 2702, 2861, 3419
--Ordinary's salary ......__..-___.-_--.-_._..__-_._ ....2838, 2987
HACKNEY, DOCTOR RICHARD C. HR 637 --Express sympathy for passing of --._,,_____----.___--..1251
HAHN, DR. STANLEY --Prayer offered by -__..--._....___._._____------_----1504
HAINS, SOLICITOR GENERAL GEORGE HR 842 --Commend --.__.------_.___-..___.___....._..___..._.-..___.. ..-.2908
3788
INDEX
HAIRDRESSERS HB 1505 --Rules and regulations _--.___ .
._ ... 1781, 1978
HALL, REV. CARL F. --Prayer offered by _____ ______________._______..__.____._..____.__.___.-__.___-...2069
HAMBY, W. B. HR 454-1013--Compensate .. . .,, ...
323, 388, 1798, 2025, 3422
HAMILTON, REV. C. S. --Prayer offered by ___..... -- -----... 2986
HANCOCK COUNTY
HB 1218 HB 582
HB 581
--Small Claims Court, establish .,,_____.822, 880, 1100, 1171, 1672 --Superior Court Sheriff, Ordinary and
Clerk; compensation -- ..--_-. _______1988, 2103, 2994 --Tax Commissioner; employ
clerical help ._____..____________......________._____.. ..1988, 2090, 2845
HAND, DR. G. OTHELL --Prayer offered by _.._....... _....__......_..... __..__..126
HANDICAPPED PERSONS
HB 652 HB 1063 SB 73 HB 180
--Allowed to park on public streets without penalties .___.____-._------__.__ _...____ (No action in 1968)
--Georgia Inter-Departmental Council on the Handicapped; create ____.__.__...______. 381, 465, 987, 2044, 3409
--Public buildings constructed with ramps ._______._______..--___..--________ ________.________(No action in 1968)
--Public buildings; construction requirements to make accessible ___:__..____.._.__..________..________.._._______.__ 508, 865
HAPEVILLE, CITY OF SB 378 --Corporate limits .....___...__.._^...._....2241, 2245, 2348, 2353, 2578
HAPEVILLE HIGH SR 166 --School Band; commend __....._______.....____.......__..__________._._.__ 473, 777
INDEX
3789
HARALSON COUNTY HB 1432 --Airport Authority; establish _____.. 1431, 1511, 1518, 1682, 2561
HARDIN, IRA H. COMPANY
HR 498-1089--Conveyance of a certain tract of land ._..______.__________-_._.______.___456, 493, 495, 1945, 3402
HARDY, FATHER JERRY --Prayer offered by ..........................-..-. .-1087
HARGRETT, DR. McKEE --Oath of office ...... ...... ._....,,-.....-.-... 8
HARRIS COUNTY
HB 1437
--Small Claims Court; commencement of actions _._.__.-____.__-_.-___..____.-____-1432, 1513, 1518, 1684, 2357
HARRIS, HONORABLE ROBIN --Remarks by ....
._._._.--.___..._._-.---___..__.___.760
HARRISON, MRS. GENEVA J. HR 428-941 --Compensate __...._..._._...._...._.._..__..__..__.188, 222, 1797, 2024, 3421
HAWKINSVILLE, CITY OF
HR 447-973 --Pulaski County-Hawkinsville Development Authority; create; amendment to the Constitution .......__.._. 286, 330, 394, 404, 1667
HAYES, PROFESSOR FRAiIK ALFRED HR 558 --Commend _.____.___._____....__..____..____________________.________.__________._______763
HEALEY, KENNETH HR 417 --Commend ---....____.__.__..____.........._...._.._......._...._._168
3790
INDEX
HEALTH AND HEALTH DEPARTMENT
HB 1330
HB 1352 SB 100 HB 1026 HB 1024 HR 645 HB 1260 HB 1135 SB 339 SB 338 HB 1167 SB 413 HB 1176 HB 1177 HB 871 HB 1101 SB 295 HR 285 HB 1253
--Board of Examiners for Certified Water and Wastewater Treatment Plant Operators; create _--_----,,--,,------,,_--._----.------------------1093, 1162
--Board of Health; increase membership ....... 1157, 1225, 2352 --County Boards of Health; filling
of vacancies _---_-__.__,,------..._--------- 393, 806, 859 --Department of Public Health; clinical
laboratory personnel; licenses _....._.._.....----.------ 326, 391 --Department of Public Health; medical
laboratory personnel; licensing and regulating ... 326, 390 --Department of Public Health; urged to inaugurate
program by Dr. B. W. Forester ------__.__._------_.------.1262 --Family planning services provided to any
person requesting assistance --_. 929, 979, 1522, 1954, 3411 --Georgia Health Code; examination
hearing; notice __------------.._.__.._-- 592, 660, 967, 1488, 3285 --Georgia Health Code; sewage
discharge; change provisions _.___2707, 2709, 2839, 2841 --Georgia Health Code; Tourist courts;
"public lodgings" __--------------._._---- 12S7, 1241, 1317, 2701
--Georgia Health Code; water wells; drilling regulations _------------._.__..., 650, 727, 1664, 2060
--Hospital Advisory Council; Indigent Care .__----------._.,--__ 270r, 2709, 2840, 2841, 3141
--Hospital Authorities Law; revenue certificates ._..----------._.._..... 652,728, 987, 1956, 3366, 3369
--Hospital Authorities Law; use of general funds or tax revenues __.------._-- 652, 728, 987, 1957, 3410
--Immunization of school children _.__----------------__._..__ 128, 162, 298, 364, 2085, 2647
--Medical or dental health; promote measures for early detection -- --------__----.__-- 490, 599
--Mental health; hospitalizatiou; procedure for transfer from another State -..1449, 1451, 1516, 2701
--Mental Health Study Committee; create _.(No action in 1968) --Vital records; increase fee of local
registrars _.._...-.._-._--.--------.-----.---.--928, 978, 987
HEARD COUNTY
HB 1013 HB 1361
--Additional deputy ..----...-----.------ 323, 388, 471, 513, 885
--Georgia State Board of Hearing Aid Dealers and Fitters; create ------........1218, 1312, 1664
HEATING
HB 1166 HB 18
--Contractors; performance bonds ------__,,_--____.----.650, 727 --Warm Air; Board of Ecaminers;
members' qualificatirfis _----_____. (No action in 1968)
INDEX
3791
HENDERSON, DR. ZACH S. HR 693 Commend -- _-.-- . ._,,_...__--.. --.---- ..-...._. 1593
HENRY COUNTY
HB 1426 --Board of Commissioners of Roads and Revenues; districts -.--.1429, 1510, 1518, 1682, 3161
HB 1425 --Board of Commissioners of Roads and Revenues; members' elections --1429, 1510, 1518, 1681, 3161
HR 663-1427--County manager form of government; provide; amendment to the Constitution __...__..._......__.......-.._. 1430, 1510, 1519, 1689, 3425
HB 1427 --Superior Court Clerk and Ordinary; compensation ----------.--------1429, 1510, 1518, 1682, 3162
HR 662-1427--Water Authority; tax levy; amendment to the Constitution .........--...-.1429, 1510, 1519, 1689, 3425
HR 681-1473--Water and sewerage; additional indebtedness; amendment to the Constitution ..1654,1791, 1799,1999, 3425
HR 894 --Water Study Commission; create --------------------------3207
HENRY McNEAL TURNER HIGH SCHOOL HR 847 --Basketball Team; congratulate _...-.------------------...2911
HERSHEY, GENERAL LEWIS B. HR 577 Commend ..,. ........_..........----------...-.._.-776, 1803, 2396
HEWELL, ANITA L. HR 437-952 --Compensate ...._....--_.......................----..----.._....._....-..217, 295
HIGHER EDUCATION ASSISTANCE CORPORATION, GEORGIA
HB 255 HB 1065 HB 360
HB 1066
--Banks; use of State funds ............,,_.........(No action in 1968) --Create --------------------------------------381, 466, 606, 705, 1450 --State Depository Board; selection of
State depositories .--............_.._.._._..__...__. (No action in 1968) --Student loans; federal requirements relating
to guaranteed loans _._.._..__..__..__----,382, 466, 606, 815, 1450
HIGHWAY GRANTS --Interim Study Report ----------------------.--------------3495
3792
INDEX
HIGHWAY LAWS
-Interim Study Report ._... -- ..
3498
HIGHWAYS AND HIGHWAY DEPARTMENT
HB 979 --Automatic signal devices at railroad crossings; procedure for installation ...... 288, 332, 734, 897
HB 994 --Bridges across streams on State line; authority to purchase transferred to Highway Department ............. ........................ 291, 335, 987
HB 978 ---Claims and obligations against; repeal Act authorizing auditing .......... 287, 332, 734, 2205, 3167
HB 1363 --Condemnation proceedings; private ways by individuals and corporations; amend.._....,, 1218, 1312, 1446
HB 880 --Condemnation proceedings; responsibility for payment of court costs ... __..,,._.-_-._......._. 130, 163, 1446
HB 989 --Eminent domain; appeals by owner of land .--.--..-290, 334 HR 536-1179--Eminent domain; fair market value;
amendment to the Constitution ......... 653, 729, 1446 HB 1291 --Eminent domain; payment of costs and fees __..._____. 973, 1094 HR 451-994 --Interim Study Committee; enactment
of new laws __. - -........- 291, 335, 986, 2033, 3402 SR 251 --Jefferson Davis Memorial Highway;
clarify and change ................... 2901, 2903, 2989, 3111, 3285 HB 646 --Limited-Access Highway, Free-Access
Highway; define _,,...---------_,,._-..--._- (No action in 1968) HR 518-1100--Motor fuel taxes; appropriations;
amendment to the Constitution ............ 459, 498 HB 1322 --Municipal grants . . . ... .. . ..........1091, 1161 SR 173 --National System of Interstate and
Defense Highways; signs ... 1102, 1106, 1164, 1446, 1599 HB 119 --Negotiation of contracts with municipalities .......-..-....-..-1445 HB 986 --Public utilities; rules and regulations
relating to removal of equipment .____.____.___.__. 289, 333, 987 HB 843 --Radar; use by Department of Public
Safety to enforce traffic regulations ._...__.._..__. .. 21, 132, 137, 179, 1234, 1841 HR 320 --Request State Highway Department to link Interstate 75 at Macon with Interstate 85 at Commerce __________________.(No action in 1968) HB 999 --Right-hand traffic lane; slow-moving traffic _.... ._...._..._..._.._.._.. ...... 292, 335, 507, 808, 1667, 2295 HB 1061 --Rights-of-way; power to grant permits to utilities ................ 380, 465, 734, 2582 HB 977 --Size and weight limits; scales -287, 331, 734, 1422, 3000, 3065 SB 209 --Speed restrictions; certain highways ....472, 474, 498, 508, 806 HB 841 --Speed restrictions; four-lane limited access highways ........___.........._ 20, 132, 299, 414, 2084, 3357 HB 974 --State-aid Road Fund; transfer control from Highway Board to State
HB 988 HB 990 HB 980
HB 987 HB 991 HB 976 HR 581 HB 4 HB 993 SB 417 HB 985 HB 424
SB 220
HB 992
HB 981
HB 144
SB 363 HB 1159
HB 975
INDEX
3793
Highway Director ....... __..... ___......_.________._______..__ 287, 331, 734
--State-aid system of roads; transfer duties
to State Highway Department --,,._..-. 289, 333, 986
--State Highway Board; report of
opsrations .......
290, 334, 986, 2206, 3167
--State Highway Board; transfer duties of
of State Highway Engineer to
Stats Highway Director .....
..... 288, 332, 734, 1276
--State Highway Department; eligibility
of Director ......
...
... ... 289, 333, 734, 1276, 2999
--State Highway Department;
legal expenses ............... 290, 334, 734, 967, 1671
--State Highway Engineer; traveling expenses
incurred in Fulton County ...._._.__:.__...___.___....... 287, 331, 734
--State Highway Department; urge to
complete certain highway projects _____________.781, 1445, 1586
--Timing devices and radar equipment;
use to enforce traffic regulations ..........
668
--Traffic control devices; conform
to specifications ............................290, 334, 734, 2814, 3408
--Traffic laws; Governor's
powers ........
2901, 2903, 2988, 3113, 3289
--Trucks carrying lumber and lumber
products and concrete; special permits .....__ 289, 333, 474
--Trucks hauling gravel, rock, etc.;
prohibited on highways without
protective cover ........._.._.,,--...._.............. (No action in 1968)
--Trucks hauling gravel or stone;
prohibit on highways without
protective covering ___.___..-_.______,,_.,,_____________________ 473, 474, 499
--Trucks hauling lumber and lumber
products; length and weight
permits ... 290, 334, 604, 1116, 1242, 1524, 1729
--Unattended vehicles; remove provisions
exempting sellers of fruits, nuts and
vegetables ....................288, 332, 734, 969, 1675, 1841, 2900
--Uniform Act Regulating Traffic on
Highways; intersections; driving on
left side of roadway .__..__.._..._.._._._......... (No action in 1968)
--Utility lines; cost of
relocating ........._..._.__._..._. 1805, 1808, 1986, 2087, 2582, 2900
--Vehicles transporting pulpwood; chains
or cables .
598, 664, 668, 866, 1668, 1995, 2620
2649, 3001, 3256
--Weight limits; special permits ._..._.._ 287, 331, 734, 2203, 3166
HINELY, JOSEPH E., JR. HR 380-855 --Compensate ..........................................23, 134, 1797, 2021, 3420
3794
INDEX
HITT, HONORABLE ED B. HR 868 --Commend
... .... - .... --...-.. 3045
HODGES, REV. CECIL A. --Prayer offered by _._.___.____.._.___,,...___....._..._._.._........ ..
____ 972
HOGANSVILLE, CITY OF HB 1499 --Public Utility; sale of ....__...__..... 1780, 1978, 1988, 2094, 2846
HOLBROOK, MRS. RUBY ODELL AND ROBERT ANDREW HR 532-1156--Compensate .......__..._....__....__......._....._.597, 664, 2234, 2302, 3423
HOLIDAYS HB 929 HB 947
--Memorial Day, April 26; change name to Confederate Memorial Day ___.____________.__..___184, 219, 299
--National Memorial Day; May 30; declare public and legal holiday ..___... 215, 293, 337, 412, 1806
HOME IMPROVEMENT ACT, GEORGIA HB 108 Create _..__.._____.,,_ (No action in 1968)
HOMELAND, CITY OF
HB 927 HB 1078
--Territorial limits __..__.__.... _.___..__.184, 219, 298, 395, 2563, 2923 --Retail Installment and Home Solicitation
Sales Act; amend _.._._.___,,__ 384, 468, 1115, 1446, 2539, 3409
HOMESTEAD EXEMPTION
HR 537-1179--Ad valorem tax; $4,000 exemption for persons 65 or older; amendment to the Constitution ___________ 653, 729, 1802, 2784, 3315, 3319
HR 400-912 --Ad valorem tax assessments; exemptions; amendment to the Constitution _____ 156, 193
HR 83-209 --Ad valorem tax; change from $2,000 to $4,000; amendment to the Constitution_ (No action in 1968)
HR 491-1063--Ad valorem tax; municipalities; amendment to the Constitution ._----------_ 381, 465, 1521
INDEX
3795
HR 263-801 --Disabled veterans; certain exemptions; amendment to the Constitution _..._...-- (No action in 1968)
HR 436-952 --Disabled veterans; extend; amendment to the Constitution _..-_... 217, 295, 2595, 2798, 3421
HR 156-453 --Disabled veterans; increase; amendment to the Constitution ____________ (No action in 1968)
HR 405-912 --Increase; amendment to the Constitution .__..._ _____....._. 157, 193
HONESTY, CODE OF SB 74 --State officials and employees __._.____________.___.__.._______.__,,_______ 2991
HOOKS, ELDER V. H. --Prayer offered by ... _.......-.._-,,..--__._.. 873, 924
HOPE, BOB HR 576
--Commend and Congratulate ... ___._..__._._____._.__.___.._________.__776, 945
HORSE BACK RIDING FACILITIES --Interim Study Report .._.._,,.__,,_.....,,.....___....,,__.__...__..__... .________3504
HORSES HB 1339 HB 1338 HB 1336 HB 1348 HB 1337 HB 1335
--Auctions; expand definition of livestock ......1154, 1222, 1318 --Buying and selling; expand definition
of livestock ..........__._.......__._........_._.._.._...........1153, 1222, 1318 --Crimes concerning; expand definition
of livestock ....__.__....._...... ..__._......____.........._..____1153, 1222, 1318 --Feeding of garbage; expand definition
of livestock ___________.____..__...___.__.__________1156, 1224, 1318, 2552 --Loading or handling; expand definition
of livestock .....__.._.._...___......_.......__.......__...__......1153, 1222, 1318 --Quarantine and inspection; expand
definition of livestock ____...______..___._...__1153, 1222, 1318, 2550
HORTON, WILLIAM FRANK HR 429-944 --Compensate .....__.-..-__.._...__...__.___.._.__.2141 293, 1797, 2024, 3421
HOSPITAL ADVISORY COUNCIL SB 413 --Indigent Care; provisions __...____.2707, 2709, 2840, 2841, 3141
3796
INDEX
HOSPITAL AUTHORITY LAW
HB 1176 HB 540 HB 1177
--Revenue certificates ....._....... 652, 728, 987, 1956, 3366, 3369 --Revenue; how used .._-__..----_...----_....---- (No action in 1968) --Use of general funds or tax
revenues _...,,.,,. 652, 728, 987, 1957, 3410
HOSPITALS
HR 1104 --Civil liability; emergency treatment _...__.._.__-... 491, 600, 2088 SB 387 --Non-profit; personnel; compensation ... 2565, 2566, 2590, 3112 HR 598-1247--Non-profit; sale of tangible personal
property; suspend sales tax .._-__.878, 938, 1802, 2525, 3403 HB 527 --Non-profit service corporations;
advertising material on premises; Insurance Code of 1960 ____.__.____.__________.. (No action in 1968) HB 528 --Non-Profit hospital corporations; authority to contract and operate; Insurance Code of 1960 ..___.___________._.___.___.___.___._______. (No action in 1968) HB 526 --Non-profit service corporations; directors; amend Insurance Code of 1960 _._.........(No action in 1968)
HOTELS
HB 698 HB 1041
--Crime of defrauding; change penalty --.(No action in 1968) --Excise tax; municipalities .._.....__.....___..._.__--____... 376, 461, 1521
HOUSCH, ROBERT A. HR 424-941 --Compensate _____....._.__..-_...__.._..._._..._.___ 187, 222, 1797, 2023, 3422
HOUSING
HR 836 --Committee on Private Financing of Student and Faculty Housing; create .--_--.----______--__ 2743
HR 254 --Committee to study needs ._______--______--.____(No action in 1968) HR 231 --Fair Housing Laws Study Committee;
create -.....---._..----...._.__.......__....______......... (No action in 1968) HR 802 --Georgia Housing Administration;
create study committee ____.---___.......____.._____.______________.______ 2464 HB 923 --Georgia Human Relations Commission; create ___,,..--160, 195 HR 594-1241--Georgia Housing Administration; joint
committee to study feasibility of establishing ._...._.....____._......__........_...._.._____.......... 876, 936, 1101 HR 578 --Public housing study committee; create __.___._____-779
HOUSING AUTHORITIES LAW HB 1223 --Amend ._......_....._...___....._._-..-_......-_-..__.-.........823, 882, 988, 991
INDEX
3797
HOUSE OP REPRESENTATIVES
HR 834
HR 770 HR 395 HR 701 HR 586
HB 1226 HB 218
HR 229
HB 380
HR 816
SR 138 HR 373 HR 371 HR 230
HR 374 HR 869
--Allow certain subcommittees to
function after final adjournment ___.____.___.2741, 2844, 2905
--Amend H.R. 3 ----I.----------------------------.2179, 3113, 3185
--Amend Rules __.._.._._..._--_-_---------__---------------------- 146
--Amend Rules .------_._.--------------_____--____..1677, 2354, 2448
--Amend Rules; add standing committee
on Public Utilities and Transportation ------__----___785
--Apportionment; amend ... 824, 882, 940, 971, 1030, 1740, 1846
--Apportionment; Chatham County;
Representative districts ----------_-- (No action in 1968)
--Create Committee to act as liaison
between State Board of Education
and House of Representatives.----------(No action in 1968)
--Fiscal Affairs Sub-Committees;
create --.__...,,--._..__.--.----..------_------(No action in 1968)
--Gideon, Major General Francis C.;
invite to address ----------------------------------------------_.2637
--House of Representatives; notify that Senate convened _,,. 15
--House Resolution No. 3; amend _------------_------_----_----12
--Notify Senate that House has convened.--------------__-__--11
--Public Utilities and Transportation;
request Speaker to appoint standing
committee --_-.--.--_------__--.--------..(No action in 1968)
--Rules of House; adopt ....... _..._...
...
12
--Stenographers, expressing appreciation _------._----.------.3046
HOUSTON COUNTY
SR 261 HB 1418 HB 1417 HB 1416 SR 250 HB 1414 HB 1415
--Building Commission; create; amendment to the Constitution _______.--2708, 2710, 2841, 3112, 3120
--City Court; jurisdiction ___..._.._....._. 1310, 1443, 1448, 1554, 2614 --Ordinary; arbitration committee ...--..1310, 1433, 1448, 1553
2898, 2929 --Sheriff; arbitration committee _.__---- 1310, 1443, 1448, 1553,
2898, 2928 --Special Court; create; amendment
to the Constitution .------------ 2708, 2710, 2840, 3112, 3117 --Tax Commissioner; arbitration
committee _------__----------. 1309, 1442, 1448, 1552, 2898, 2926 --Superior Court Clerk; arbitration
committee ----------..----.1309, 1442, 1448, 1553, 2898, 2927
HOWARD, HONORABLE G. ROBERT (TIGER) HR 754 --Wishing a speedy recovery ----_------_--_____------___.,,..2163
HOWINGTON, HONORABLE KELSEY D. HR 805 --Express sympathy for passing of -_----------------------__ 2630
3798
INDEX
HUGHES, HONORABLE FRANK M.
HR 841 --Commend
..... .---------------------____................2907
HUMAN RELATIONS COMMISSION, GEORGIA HB 934 --Create ...... .... _..._.__.____._.._..------.----.--.-----. --.160, 195
HUNTING (See Game and Fish)
HB 595 HB 1483
--Deer; increase penalty for night hunting ........._........._.................._....._......... (No action in 1968)
--Deer; minor 15 years or younger prohibited to hunt unless under direct supervision of adult ....__--_..._... _......__.1657, 1794, 1987
I
IMMUNIZATION
HB 871
--Public and private school children.............._128, 162, 298, 364, 2085, 2647
INCOME TAX HB 514
HB 896
HB 1659
HB 36 HB 1357
HB 1476
HR 778 SB 368
HB 1296
--Church contributions; additional deduction..--...--.....1321, 2049, 3040, 3088
--Dependent students; additional exemptions...--_..--..152, 189, 1521, 2666, 3408
--Income Tax Act of 1931; deductions by selfemployed individuals --.--._.---_--._----__-.--......2839, 2988
--Political contributions __..._.--.._..--__............. (No action in 1968) --School expenses; deductions from gross
income..----.----.------.--..---------.--1158, 1226, 1521 --State; Armed Forces Commissioned
Officers ......----------...__.....--------.----.1654, 1791, 1802, 2535 --State; create study committee.----------.--...2185, 2238, 2449 --State; increase exemption for certain commissioned
officers ....------------_------------------------2617, 2620, 2697 --State; transfer of property by corporations.------... 974, 1095,
1165, 1417, 2705
INDUSTRIAL DEVELOPMENT AUTHORITIES
HR 399-912 --Counties and municipalities; creation; amendment to the Constitution ------..................156, 193, 832, 2981, 3420
INDEX
3799
INDUSTRIAL LOAN ACT, GEORGIA
HB 696 HB 565
--Maximum premiums on loans of $100 or less--------------------------------------(No action in 1968)
--Regulation on certain loans.__--_--_--------. (No action in 1968)
INDUSTRIAL SERVICES ADVISORY COMMITTEE
HB 1424
--Create to assist the State Board of Education --_._--------------------.1311, 1444, 2592, 2796, 3413
INDUSTRY AND TRADE, DEPARTMENT OF
HB 1636 --Employees; reimbursement of expenses incurred while on official business ----..2343, 2557, 2592, 2796, 3168
HR 784-1636--Reimbursement of certain expenses; amendment to the Constitution--------.-----2343, 2557, 2592, 2802, 3404
INDUSTRY AND TOURISM, DEPARTMENT OF
HR 398-912 --Create in lieu of Department of Industry and Trade; amendment to the Constitution.--...........156, 192, 2592, 2958
INSANE PERSONS
HB 1405
--Minors; ordinaries authorized to act as legal custodians----------------------1307, 1441, 1448, 2220, 3413
INSANITY (See Mental Health) HB 244 --Medical treatment; authorization.--------.(No action in 1968)
INSECTICIDES
HR 561-1220--Joint committee to study standards, procedures and laws -------- 823, 881, 1098, 2749
INSPECTION OF MOTOR VEHICLES
HB 492 --Certificate; no vehicle shall be operated without certificate _----.....--...--------,,.._..--_----_._.--.------------1800
HB 876 --Certificates of inspection----------.----......--_......----129, 162 HB 1378 --Increase fee.__...--.........-----------------..---- 1302, 1437, 1800 HR 125-312 --Study Committee; create-.-....---..--.-- (No action in 1968) HB 973 --Trailers and semi-trailers; inspection stickers...----.286, 330
3800
INDEX
INSTALLMENT CONTRACTS
HB 1078
--Retail Installment and Home Solicitation Sales Act; amend-..-_-..-.--.-..-..-_-__ 384, 468, 1115, 1446, 2539, 3409
INSTITUTIONS AND MENTAL HEALTH --Interim study report _------------------------------ -- --3506
INSURANCE
HB 1075 --Casualty insurance; creditor's interest--- 384, 468, 1517, 1727 SB 117 --Code of 1960; contents of policies-------1526, 1528, 1662,
2702, 2980, 3407 HB 1076 --Code of 1960; credit life insurance; prohibit sale on
any installment loan less than a certain amount.------------.--------------- 384, 468, 1517, 1728 HB 747 --Code of 1960; group life; dependent children.------------..1987 HB 1106 --Code of 1960; hospitalization; freedom of choice ------491, 600 HB 42 --Code of 1960; insurers must notify insured of factors upon which any cancellation is based --(No action in 1968) HB 529 --Code of 1960; Non-profit medical service corporations; Board of Directors.------------------(No action in 1968) HB 528 --Code of 1960; non-profit hospital service corporations; authority to contract and operate.------.(No action in 1968) HB 527 --Code of 1960; non-profit hospital service corporations; advertising material on premises;.------(No action in 1968) HB 526 --Code of 1960; non-profit hospital service corporations; directors ----------.------.(No action in 1968) HB 240 --Code of 1960; unfair practices, lenders on real property .----.------..------------.--...----.--------.--.-- 942 HB 808 --Fire and extended coverage on real property; mandatory.-.--.----_----------------------.(No action in 1968) HB 966 --Georgia Gifts to Minors Act; life insurance policies and annuity contracts---------------------------- 285, 329, 942 SB 397 --Georgia Securities Act; insurance, endowment or annuity contracts..----..----------------------.2901, 2903, 2989 HR 277 --Health and Hospitalization Insurance Study Committee; create --------------------.(No action in 1968) HR 251-783 --Hospitalization; create study committee to investigate..--.----.--------------------------.(No action in 1968) HR 579 --Insurance rating laws; create study committee--.---------------------------.781, 942, 1245 HB 1222 --Liability; insurer's responsibility------ ------------823, 881 HR 560-1220--Liability; special assessment fees; amendment to the Constitution .------..._.......--------__----------------------823, 881 SB 320 --Liability; uninsured motor vehicles------------1237, 1241, 1317,
1987, 3231, 3378, 3378
HB 1549 HB 1360 HR 505 HB 1090 SR 187
HB 803 HB 408 SB 396
INDEX
3801
--Life insurance companies; tax on gross direct premiums --____._____----_____._____________1968, 2077, 2701, 2890, 3416
--Motor vehicles; cancellation ________ 1218, 1312, 1446, 1866, 3412 --Motor vehicle liability; create committee
to study ...----------_.--.--------------418, 502, 2702, 2747 --Motor vehicles; liability insurance; insolvent
companies _....----..----..--------457, 495, 942, 1203, 3170, 3251 --Motor vehicle liability; special assessment fees for
owners who do not carry; amendment to the Constitution .------------ 1102, 1106, 1164, 1229, 1800, 2297 --Podiatry; discrimination of premiums by counties and municipalities------------------------(No action in 1968) --Podiatrists; non-profit medical service corporations ________--_----------------------__(No action in 1968) --Variable Annuity Contract; define~--.--.~-2901, 2904, 2989
INTERSTATE COMPACT ON JUVENILES HB 311 --State shall be a party to___ ________ _________________ (No action in 1968)
INVASIONS OF PRIVACY --Interim Study Report ________------------__------------------..3513
INVOICES HB 409 HB 949
--False invoices; solicitation of money; misdemeanor ___._...._153, 190, 338, 441, 737
--Goods or services not rendered; unlawful to solicit payment _________________ ..----....------------------------_ 215, 294
IRON CITY, TOWN OF
HB 1591
--Mayor and Aldermen; election date----------2071, 2227, 2235, 2399, 3162
IRVIN, THOMAS T. HR 758 --Confer title of "Dr. of Education"---------------- ______________ 2167
IRWIN COUNTY
HR 742 HB 1641
--150 Anniversary; commemorating _________ _____ _______ _ 2153, 2616 --Tax Receiver and Collector; consolidate
-.--...--..--------.2344, 2353, 2558, 2596, 3163
3802
INDEX
IRWINTON, TOWN OF HB 1376 --Charter---.--------------------1302, 1436, 1447, 1545, 2239
IVEY, TOWN OP HB 1123 --Corporate limits; change-----.------590, 658, 667, 743, 1235
J
JACKSON COUNTY
HB 1642 SR 209 HB 838
--City Court's Judge and Solicitor; salary__..... 2344, 2558, 2702, 2712. 3418
--Industrial Development Authority; create; amendment to the Constitution-------------1666, 1677, 1797, 2842, 2876
--Tax Receiver and Collector; consolidate offices....._....14, 2702, 2713. 3408
JASPER COUNTY
HB 1560 --Board of Commissioners of Roads and Revenues; posts..-------,----.----------1970, 2078, 2089, 2252, 2997
HR 627-1367--Industrial Development Authority; create; amendment to the Constitution--------------1219, 1313, 1448, 1456, 2243
JEFFERSON COUNTY
HB 1531 HB 1138
--Board of Education; add two members-----1786, 1983, 1989, 2133, 2996
--Tax collector and receiver; consolidate offices -.---------------.----------..593, 660, 667, 747, 1169
JEFFERSON DAVIS MEMORIAL HIGHWAY SR 251 --Clarify and change--------------.2901, 2903, 2989, 3111, 3285
JEKYLL ISLAND-STATE PARK AUTHORITY ACT
HB 353
--Change name to Georgia Parks Authority; change membership.--_..----.------_(No action in 1968)
JENKINS COUNTY
HB 1524
--Board of Education; create new Board...---.1785, 1982, 1989, 2099, 2996
HB 1523 HB 1188 HB 1187
INDEX
3803
--Commissioner of Roads and Revenues members; increase.------------------1785, 1982, 1989, 2098, 2995
--Ordinary's supplemental compensation.....--......--........655, 731, 735, 835, 1170
--Superior Court Clerk's salary..............655, 731, 735, 834, 1170
JENKINS, MRS. SARAH G. HR 823 --Express sympathy for passing of--.....--.......--..--...............2765
JESUP, CITY OP
HB 1390
--Mayor and commissioners; elections.--....--1304, 1438, 1447, 1534, 2357
JOHNSON, DOCTOR B. J., SR. HR 696 --Commend .......--._.----------------......--...........------------_.. 1596
JOHNSON COUNTY HB 1202 --Deputy Sheriff's salary.-..--....----..--725, 826, 830, 890, 1237
JOHNSON HIGH SCHOOL HR 820 --Players and Coaches; commend ......._----...--------.............2763
JOHNSON, HONORABLE WILLIAM L. HR 689 --Commend ............--.....--...........--....------.--..__...----------1590
JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM HB 970 --Vested rights..--....----......------...........285, 330, 338, 1293, 3164
JOINT SESSIONS
HR 375 HR 376
--To hear address by Governor..--______--____--._.._--....__.12, 26, 109 --To hear address by Governor......---- ...__----....._....__ 13, 27, 204
JONES COUNTY
HB 1557 HB 1558
--Board of Commissioners of Roads and Revenues; posts .......--...--....--1970, 2078, 2089, 2252, 2997
--Sheriff's deputies; two additional...._...1970, 2078, 2089, 2252, 2997
3804
INDEX
JONES, LAURIE M. HE 605-1295--Compensate ..__.. _____._.____.._____....__... __._974, 1095, 1798, 2028, 3424
JONES, MILES A. JR. HE 404-912 --Compensate ________________________________________ 157, 193, 1798, 2023, 3421
JUDGES
SB 330 --Civil matters; Executive Secretary and Calendar
Clerk --..--_...__....__._._..1168, 1240, 1316, 1839, 2354, 2577
SB 276 --Emeritus; Superior Court; credit for service
in armed forces
.
-740, 742, 828, 1990
SB 79 --Seminars; allowed to attend -..-._- 393, 813
SB 31 --Superior Court; additional benefits ___________ 1099, 3275, 3430
HB 690 --Superior Court; compensation ___._.____..___. (No action in 1968)
HR 409-912 --Supreme Court; retirement age;
amendment to the Constitution __..._.......__..__._....__.... 157, 194
HB 925 --Superior Court; Emeritus; annual
salary if 70 years or over ______ _...._......._. 160, 196
HB 691 --Euperior Court; group life insurance __..(No action in 1968)
SB 357 --Superior Courts; may serve in
other Superior Courts ._____.,,____________..._______..._ 1527, 1529, 1663
HB 69 --Superior Court Judges' Emeritus;
retirement; credit for service ____________ (No action in 1968)
HB 49 --Superior Court Judges' Retirement
System; create new system ....__.....______.,,.(No action in 1968)
HB 689 --Superior Court; secretarial service _______ (No action in 1968)
SB 30 --Trial Judges and Solicitors Eetirement
Fund; create ___.__..____- 340, 341, 1099, 2969, 3036, 3237, 3430
JUDICIAL CIECUITS (See Named Circuit)
HB 1158 --Atlanta Judicial Circuit; Solicitor-General; compensation __ 598, 664, 668, 752, 1806
HR 672-1448--Atlanta Judicial Circuit; Georgia Supreme Court Reports; State Librarian to furnish certain volumes ___._____.._ _________ _..._._.1435, 1515, 1520
SB 415 --Atlanta Judicial Circuit; SolicitorGeneral's salary ______________________ 2613, 2622, 2699, 3112, 3114
HB 1190 --Atlantic Judicial Circuit; Superior Court Judge's secretary; salary ... 656, 731, 830, 835, 1203 1236
HB 1450 --Augusta Judicial Circuit; Judges' salary; supplemental payments __________ 1435, 1515, 1518, 1687, 2705
HB 1649 --Augusta Judicial Circuit; SolicitorGeneral's salary ......_.........._....._......_. 2555, 2590, 2842, 2860
INDEX
3805
SB 334 --Clayton Judicial Circuit;
Chief Judge's salary ....._,,.____..........__......__._. 1168, 1241, 1317
HB 1181 --Clayton Judicial Circuit;
Judge's term _.-..__._..__-_..___-...__..___..__ 654, 730, 830, 950, 1671
HB 1125 --Cobb Judicial Circuit; Solicitor-General;
practice of law .._.._.... 590, 658, 947, 1799, 1809, 2616, 2737
HB 1519 --Conasauga Judicial Circuit; Judge's
salary
... .. . . ._ 1784, 1981, 1988, 2097, 2847
HB 1480 --Eastern Judicial Circuit; Judges' salary;
supplemental payments __-.____....1656, 1793, 1799, 1997, 3414
HB 1019 --Cordele Judicial Circuit;
Solicitor-General's salary ___.___.___.___ 325, 389, 605, 672, 1234
HB 1228 --Griffin Judicial Circuit; Court
Reporter; compensation . . . . 874, 934, 940, 992, 1672
HB 1227 --Griffin Judicial Circuit; Solicitor-
General; compensation .__._._._._..___874, 834, 1100, 1815, 2994
HB 1598 --Gwinnett Judicial Circuit; Superior
Court Judge's salary . ....._._...._. 2072, 2228, 2353, 2403, 3417
HR 111-257 --Lookout Mountain Judicial Circuit;
furnish certain law books .... _..._....._....._...._........ 199, 275, 499
HB 1164 --Lookout Judicial Circuit; Solicitor-
General; compensation ..
... 599, 665, 668, 752, 1840
HB 1422 --Ocmulgee Judicial Circuit; add one
Judge __... . ...... ........... 1311, 1444, 1517, 2031, 3349, 3356
HB 1569 --Ogeechee Judicial Circuit; Superior
Court terms -_.._._-..__-_-_--__-._-_-._-.1972, 2079, 2089, 2255, 2998
SB 420 --Piedmont Judicial Circuit; Solicitor-
General; compensation ............. 2899, 2903, 2988, 3112, 3116
HB 1258 --Piedmont Judicial Circuit; Superior
Court terms _.......... ..... ........................... 929, 979, 1988, 2091
HB 1617 --Stone Mountain Judicial Circuit;
Solicitor-General's salary ......... .........._......._...__._...2076, 2232
HB 1577 --Stone Mountain Judicial Circuit; Superior
Court Judges' supplemental salaries ...... ...-....-1973, 2080
HB 1463 --Stone Mountain Judicial Circuit;
Superior Court terms .....__..__.... 1508, 1661, 1799, 1813, 2846
HB 1486 --Toombs Judicial Circuit; Solicitor-
General's salary ..... ....... 1657, 1794, 2593, 2710, 3005, 3074
JUDICIARY ARTICLE IN CONSTITUTION
HR 250-779 --Revise relating to Attorney General and Solicitors-General....___.._...._.__......... (No action in 1968)
JUDICIARY COMMISSION
HR 401-912 --Provide for establishment; amendment to the Constitution ..____.......__._..._..._..._._.__.__..._____..____..___.156, 193
3806
INDEX
JURIES AND GRAND JURIES
HB 153 --Court costs; payment of jurors included
in bill of costs ................... .. .. 990
HB 38 --Criminal cases; instructions to jury;
conditions of appeal .__.__...___...____.___----. (No action in 1968)
HB 1280 --Criminal cases; verdict of guilty
or not guilty
....... ... 932, 982, 1517
HR 413-923 --Death sentence; abolish;
amendment to the Constitution _,,_ 160, 196, 471, 1963, 1964
HB 916 --Death sentence commuted to life imprison
ment; not eligible for parole before
serving 15 years .......... ___.___._...._____..___.158, 194, 299, 454, 582
HR 411-917 --Death sentence commuted to life imprisonment;
not eligible for parole before serving
15 years; amendment to the Constitution 158, 195, 299, 450
HB 884 --Grand Jurors; county or municipal
officials not allowed to serve --...... 130, 164, 1520
SB 360 --Grand jurors; method of
selecting .. -..,,..... 1670, 1676, 1796, 1799, 3278, 3429
HB 1107 --Indictments; foreman of grandjury
shall sign to have legal effect -.----...._.. 492, 600
HB 917 --Jury must include in its verdict
recommendation of death penalty if
convicted person is to be sentenced
to death ____._._.___...___.._..___.______..______.._____.___.___158, 194, 299, 586
HB 1259 --Method of selecting ___________.______..__._______._______.929, 979, 988, 1108
SB 324 --Superior Courts; alternate jurors
may be substituted for original
jurors .....__..._.__..........__..__. 2618, 2622, 2699, 2703, 2953, 3405
HB 959 --Traverse jury boxes; each county
allowed only one .._......_.__.._..._.... 218, 296, 666
HB 796 --Wage loss; compensation ._._.....__.........__._ (No action in 1968)
JUSTICE OF PEACE
HR 93-219 --Civil cases; jurisdiction; amendment to the Constitution ...._........___....._...,,........_._..,,. 1448, 2521, 3419
HR 110-252 --Jurisdiction; amendment to the Constitution ._.,,.......... (No action in 1968)
JUVENILE COURT LAWS --Interim Study Report --........_.....__...._____._.____......___....._......___.3514
JUVENILE COURTS
HB 853 --Jurisdiction and procedure relating to rights of offenders ....... .......... 22, 133, 471, 717, 3408
HR 379-853 --Juvenile Court Law Study Commission; create ...-.--_.----.---.----...-23, 134, 988, 1570, 3420
INDEX
3807
JUVENILES
HR 137-390 --Crime; create study committee .___..._.._.. (No action in 1968) HR 772 --Crime; create study committee .....--..-__.-...------.. ... 2181 HB 311 --Interstate Compact on Juveniles;
State shall be party to ....-_...._....,,...___.,,.. (No action in 1968)
K
KAMMER, MUKRIS & IRENE HR 614-1320--Compensate ._......_._.........__....._.___.__.__._______._____._.___.____.__.1091, 1161
KELLY, LEE E. HR 511 --Wishing speedy recovery ..... ..._...__..._....._....__..__......___....._...__..423
KENNEDY, HENRY C. SR 197 --Compensate .._______._.__._____........_.-.___---____..___.___.___.1804, 1809, 1987
KEY, HONORABLE WILLIAM HICKS HR 783 --Express sympathy for passing of ........ ..............2297
KEYS SB 385
--Master key duplicates; unlawful to make ........__.......___....__.__.2617, 2621, 2697, 2841, 3290, 3323
KICKLIGHTER, REV. BOB --Prayer offered by ....__._.___........_.......____....--.____...._____...___.___.....1652
KIMMONS, MRS. ELIZABETH JANE BURNETT HR 572 --Express sympathy for passing of ...............--------..772
KING, DOCTOR MARTIN LUTHER, JR. HR 796 --Commend ............____-.-_.-----._---.____..2457
3808
INDEX
LABOR (See Unemployment Compensation, Workmen's Compensation)
HR 609-1296--Commissioner; elected in the same manner as the Governor; amendment to the Constitution .__._._________._._____._.__.._.__975, 1095, 1101, 2056, 3424
HB 1198 --Commissioner; Equal Pay for Women Act of 1966; amend ....657, 733, 940, 1286, 3170, 3250, 3315, 3324, 3342, 3382, 3383, 3389, 3433
HB 1423 --Commissioner; tenure salary increase _..._.1311, 1444, 1801, 1803, 2332, 2468, 2655, 3226, 3227, 3278, 3284, 3339
HB 926 --Unemployment Compensation Law; benefit payments if laid off work ._...._._...__...._..__.161, 196, 198, 317
LABOR, DEPARTMENT OF
HB 419
--Inspection Division; boilers and unfired vessels; regulations ___..___.-____..__--_.-_.__--.__.--_--_ .-_,,_,,__.,,.1098
LABOR UNIONS
HB 1314
--State employees; unlawful to deduct membership dues from salaries ._..............._...._...... 1090, 1160
LABORATORIES
HB 1026 HB 1024
--Clinical; licensing of personnel __._____..___.___._______.________326, 391 --Medical; licensing and regulating of personnel ___.______326, 390
LABORATORY LICENSING STUDY COMMITTEE HR 771 --Create __......_.-.........._.___...__-._.....__.__-..._-_-..--2180, 2352, 2629
LABORERS' LIENS
HB 1263 HB 444
--Depreciation ... ......_............._........__._...__...._..._.._._,, 929, 980, 1320 --Must be enforced within 12 months after
delivery of material, labor, etc. ............_........_.._.......197, 312
LAGRANGE, CITY OF HB 1490 --Corporate limits ....._.._..._...__..._-.._.1658, 1795, 1799, 1998, 2615
INDEX
3809
LAITE, REV. W. W. HR 790 --Commend ___..__.___._..._...__...__.___.._____..._________..___.___..__..___._.____.___.___.2453
LAITE, REV. WILLIAM W. --Prayer offered by _._......._.. ......___._..._.__..-...............___..._._....._.2222
LAITE, WILLIAM E., Ill HR 541 --Express sympathy for passing of
.. ...........609, 738
LAKE CITY, CITY OF SB 362 --Elections; change date ..... ........1805, 1808, 1986, 2842, 2863
LAKE LANIER ISLAND DEVELOPMENT AUTHORITY HB 1377 --Amend Act creating _____._._._..._.______1302, 1436, 1989, 2475, 3166
LAMB, REV. W. JACK --Prayer offered by __.......____....._..................._._...__.__.__._._..2587
LANDLORDS HB 911
--Warrant for eviction; number of days' notice ....._.._.._.........._.._._.....__.....155, 192, 393, 786, 2614
LANDOWNERS
HB 1596
--Tax assessment; owner may challenge assessment value by county tax assessor .........__............._.........2072, 2228
LAND SURVEYORS
HB 1321 HB 1508 HB 1559
--State Board of Registration for Professional Engineers and Land Surveyors; examination ___._______________._._.1091, 1161
--State Board of Registration for Professional Engineers and Land Surveyors; licenses .................._...1782, 1979, 2594
--State Board of Registration for Professional Engineers an.d Land Surveyors; license;
3810 HB 83 HB 1219
INDEX
certain persons -.....-_,,--..--._...__..,,.-_--,,.--....1970, 2078, 2594 --State Board of Registration for Professional
Engineers and Land Surveyors; members' examination ._._.._.......__-._..,,.._._--..__________ (No action in 1968) --State Board of Registration for Professional Engineers and Land Surveyors; rosters available upon request .__.___--__.--_.____....822, 880
LAND AND WATER CONSERVATION FUND ACT HB 786 --Create within State ....,,..__..._._......_...,,.._.. (No action in 1968)
LANE, HONORABLE W. JONES HR 807 --Commend _,,.__________________._______._______.._._._._._..._....-_2631
LANGDALE, HONORABLE HARLEY HR 568 --Commend _.____..__.__-----_._.,,_.____.___--_,,__..___._-..........__.......768
LARCENY HB 22
--Tangible personal property; criminal sanctions if rented or leased ._-.._...,,.--.-.,,_...-.,,--.-.,,-..._.--.----__--__.989
LASSETER, HONORABLE R. L. HR 866 --Commend .._.._-..__._.__.._.....-.._.._.._..__...._..._...-_....-.-_....__...3043
LAURENS COUNTY
HB 893
--State Court name changed from City Court of Dublin _____._..___._.._..__.___149, 189, 223, 501, 501
LAW HB 870
--Practice of; educational requirements _...._-..._-_.....-._....___._...__..128, 162, 394, 578, 1322
LAW DEPARTMENT
HB 1236
--Attorney General; subpoena powers .._..__,,......__.__..._-.._-._----.....-_-.--825, 883, 988, 1949
INDEX
3811
LAW ENFORCEMENT OFFICERS
SR 77 --Assistance to children in case of disability or death _...._..........__._._......740, 742, 828, 990, 3285
HB 1300 --False reports of crimes; unlawful ....._.........._..._..._._.__..........976, 1096, 1165, 2201, 3412
HB 886 --Georgia State Patrol, Georgia Bureau of Investigation; court fees ____._______.___131, 164, 830, 909, 3408
HR 661-1420--Georgia Study Commission on Law Enforcement Officer Standards and Education; create ......,,_.. ......._. 1311, 1443, 1518, 2047, 3424
HB 944 --High speed chases; unlawful _.________..__..._._____..__.__.214, 293, 508 HB 512 --Indemnification of private citizens for
personal injury or death while assisting in crime prevention ....___....._.,,__.._._...... (No action in 1968) HB 44 --Immunity from civil liability for any person rendering assistance .....----,,,,.....--.___._--__.__--__.471 HB 912 --Unlawful to physically abuse or injure any person when unnecessary .........._........._........ .......155, 192
LAWRENCE, HONORABLE ALEXANDER ATKINSON HR 860 --Expressing appreciation _______________..__________._._____.____.________._____2919
LAWRENCEVILLE, CITY OF HB 1590 --City limits .._....... ......_.... ____..__._..___.2071, 2227, 2353, 2408, 3162
LEARD, DR. L. TYLER HR 573 --Express sympathy for passing of _______________________________._____.____773
LEARY, CITY OF
HB 1002
--Mayor and Councilmen; term of
office _._..
... 321, 386, 394, 474, 884, 1844
LEASE AGREEMENTS HB 921 --Personal property .. ._..._._............. 159, 195, 393, 810, 3000, 3054
LEE COUNTY
HR 858 --High School Girls' Basketball Team; congratulate ....._....2918 HR 407-912 --Lee County Development Authority;
create; amendment to the Constitution ______.___.__._____.._._____..._...157, 193, 198, 243, 1666
3812
INDEX
LEGAL ADVERTISEMENTS HB 1122 --Rates allowed publishers; change ..590, 658, 1520, 2517, 2999
LEGISLATIVE AUDIT COMMITTEE HB 381 --Create ____,,___.___,,..______._.___.__,,.,,.___,,____-__ (No action in 1968)
LEGISLATIVE BRANCH OF GOVERNMENT HR 381-866 --Study commission; create ..-...-.----...................... 25, 136
LEGISLATIVE BUILDING STUDY COMMITTEE, STATE HR 60 --Create ........._......._.._._..._._...........,,.._...__......._.. (No action in 1968)
LEGISLATIVE RETIREMENT SYSTEM, GEORGIA
HB 1012 HB 1008
--Credit for military service; clarify provisions ........323, 388, 1101, 1481, 3034, 3069, 3169, 3180, 3233, 3234, 3279
--Employees' Retirement System; transfer of creditable service _...._......_....._................ ---322, 387, 944
LEIGH, MRS. MARY PINDAR HR 756 --Express sympathy for passing of ........_..__..__........- 2165, 2617
LENOX, TOWN OF HB 1199 --Lease certain property ....... ...---------724, 825, 830, 889, 2356
LEONARD, HONORABLE GERALD H. HR 857 --Commend .-._.. ---.,,...----......-. 2917
LEWIS, HONORABLE E. BROOKS HR 644 --Express sympathy for passing of ... . .------..-.-..-..-1261
LEWIS, HONORABLE PRESTON B. HR 809 --Commend ...
.........
......2633
INDEX
3813
LICENSES (See Named License, Taxation)
HB 1289 HB 775 HB 1026 HB 294 HB 1111 HB 1634 HB 1367 HB 139 HB 840 HB 882
HB 1080 SB 259 HB 314
HB 420 HB 174 HB 1009 HB 308 HB 304 HB 881 HR 771 HB 895
HB 74 HB 894
HB 1024 HB 431
HB 1342
HB 932
--Alligator farms; provide ............... 97Z, 1093, 1165, 1576, 2705 --Clinical Laboratories, Blood Banks, Tissue Banks;
license required __.._................_......_...._..___. (No action in 1968) --Clinical laboratory personnel ____.__.___..._____..._._.__________._..326, 391 --Collection agencies; provide for licensing
and regulation _______________________________________ (No action in 1968) --Commercial fishing boats;
fees ...........................................A92, 601, 604, 792, 1804, 2645 --Drivers; certain information may be
shown on reverse side ....._..-..._....._._...._........._.._...._..2343, 2556 --Drivers; classification _...._........_.........__....___._..1219, 1313, 1519 --Drivers; expiration date ........_._......_......___.(No action in 1968) --Drivers; expiration date _..___.....___.._._........____20, 132, 1801 --Drivers; Financial Responsibility Law; proof
maintained for 3 year period after reinstatement ..... ................................................Zl, 136, 137 --Drivers; honorary; change requirements _.......... 385, 469, 829 --Drivers; honorary; requirements .....884, 888, 939, 1519, 2666 --Drivers; minors 18 or less must complete Driver Education Course before obtaining operator's license ...._................._..............._._.__.._.._......___..__............._....._.1800 --Drivers; motor driven cycle; special permit, 14 years of age or over ....._......_._.______.... (No action in 1968) --Drivers; prohibit marking in place of issuing warning tickets ....__-.....__...__......-_._...._...-.(No action in 1968) --Drivers; reexamination after suspension _.._-___......._...322, 387 --Drivers; suspension or revocation; notification _........._....._...,,_..._,,_.......___._.._..(No action in 1968) --Drivers; suspension or revocation; proof of required deposit ................... ---...(No action in 1968) --Drivers; suspension, violation point count system .... 27, 136, 137, 441, 646, 648, 942, 2825, 3273, 3307 --Laboratory Licensing Study Committee; create .._.__..._..__...._..__.....__..___._......___..........._.___.2180, 2352, 2629 --Marriage; parental consent for underage applicants not necessary when proof of pregnancy presented ___..____________._.____________.__.____.._________.___.._____________._150, 189 --Marriage; minors may be married without parental consent, certain cases ._.,,..._.___._.._.._._..._. (No action in 1968) --Marriage; underage applicants; alternative methods for obtaining parental consent ................_.................._..._._.... 150, 189, 471, 707, 2566 --Medical laboratory personnel _................__._................__.326, 390
--Pecan Processors and Wholesalers; requirements _____--_____-------___--_.-.---....(No action in 1968)
--Plates; allow SOe1 for mailing to applicants ........_,...._._...__._......._._.1154, 1223, 1321, 2044, 3412
--Plates; citizens' band radio stations _........_..._..____._............__.__..._....185, 220, 507, 700, 1806
3814
HB 1171 HB 179
SB 258
HB 839 SB 322
HB 293
HB 903
HB 137 HB 664 SB 109 HB 1319
HB 863
INDEX
--Plates; disabled veterans --------------.----_----.------..651, 727
--Plates; issuance to certain disabled
veterans _._.----_.----___.__..____.___..--..___.--_ (No action in 1968)
--Plates; issuance to certain
veterans .
.. . 604, 607, 665, 760, 939, 2968, 3406
--Plates; reflective material _------20, 131, 137, 201, 1322, 1371
--Plates; members of the General
Assembly ----------------_----._ 1103, 1105, 1164, 1800, 3221
--Plates; special issuance to citizens'
band radio stations _-- ....--_...--..._----------------..507
--Plates; special personalized
plates ._.-_.-.- ----------------153, 190, 299, 416, 3273, 3356
--Plates; treated with reflective material ,,___.----...__._____..__668
--Privately owned aircraft; levy fee _____..... (No action in 1968)
--Trucks; refund certain fees ........._......... -(No action in 1968)
--Trucks used for well digging purposes;
annual fee
..
-1090, 1160, 1800
--Veterinarians; educational programs
prior to renewal ..... ......... ._...... .....--...25, 135, 1664
LIENS HB 1039 HB 1341
HB 1263 HB 444
HR 657
HB 395
HB 928 HB 1077
HB 889
--Appliance repair ..._............ ....
375, 461, 2236
--Federal Tax Lien Act of 1966;
registration .. ... ..... .............. 1154, 1223, 1320, 2191, 3412
--Laborers' and materialmens'; depreciation ..929, 980, 1320
--Laborers and materialmen; enforced within 12
months after delivery ................_.._................-.._......197, 312
--Mechanics' and Materialmen's; create
study committee - -
..__.._. ........1272, 1448, 1587
--Motor Vehicle Certificate of Title Act;
filing of liens ......._..... ..........-....._......................._..__.... -.1100
--Personal property; foreclosure ... ..............184, 219, 338, 790
--Secondary security instruments;
clarify __._----.._.-__----__-._._._.-._.. - 384, 468, 1446, 2537, 3409
--Superior Court Clerks; fees for
recording ....... ...... .. _----.._------.....149, 188, 299, 1203, 1244
LIEUTENANT-GOVERNOR
HR 489-1050--Elect; succeed to Governorship in the event of the death of the Governor-Elect; amendment to the Constitution _.----___---- 380, 465, 509, 618, 1322, 2932
LINCOLNTON, CITY OF
HR 548-1200--Lincolnton and Lincoln County Development Authority; create; amendment to the Constitution -..----.--_._...--724, 826, 830, 891, 1669, 1856
INDEX
3815
LINCOLN COUNTY
HR 548-1200--Lincolnton, City of and Lincoln County Development Authority; create; amendment to the Constitution ......_._._....-724, 826, 830, 891, 1669, 1856
LITERATURE COMMISSION, STATE
HB 1247 HB 703
--Obscene literature; definition _------------_......_..878, 937 --Obscene literature; determination of guilt ..----197, 310, 886
LIVESTOCK (See Agriculture)
HB 1339 HB 1338 HB 1225 HB 1336 HB 1348 HB 1337 HB 1335 SB 390
--Auctions; expand definition to include horses .. _........___.._------......... ...... ......1154, 1222, 1318
--Buying and selling; expand definition to include horses _.------.------_--_,,_--_____.--______.1154, 1222, 1318
--Capture; unlawful to construct devices on lands of another person __..._.__.......___.--.......__.. 824, 882, 1318
--Crimes concerning; expand definition to include horses ,,..----......................... ..-1153, 1222, 1318
--Feeding of garbage; expand definition to include horses _..._....._._...__......-......._._.1156, 1224, 1318, 2552
--Loading or handling; expand definition to include horses ________...------ ...___.....-......1153, 1222, 1318
--Quarantine and inspection; expand definition to include horses ...._----..,,....._....-.....1153, 1222, 1318, 2550
--Traps; unlawful to set or construct on lands of another person _------_._______.___.2618, 2623, 2699
LOANS HB 936 HB 696
HB 565
HB 1077
--Banks; warehousing .............___._--....----186, 221, 337, 581 --Georgia Industrial Loan Act; maximum premiums
on loans of $100.00 or less __------__._--(No action in 1968) --Georgia Industrial Loan Act; regulation on
certain loans _____--_____,,_--_--__----___--_.( No action in 1968) --Secondary security instruments;
clarify __.__----____.----__.-_____________384, 468, 1446, 2537, 3409
LOBBYISTS
HB 1220 HR 777
--Identification badges ....... .................... 822, 881 --Regulations; create study committee _------------- ....2185
LOCKHEED, GEORGIA SR 239 --Commend _------_.----_--______.....__.........-..2085, 2177
3816
INDEX
LOCOMOTIVE: GENERAL
HR 188 --Requested to be returned to Ringgold, Georgia .. .. ......... ... .. .. ......................(No action in 1968)
HR 495-1071--Withhold Western and Atlantic Railroad lease until "General" has been returned to Georgia -.-383, 467, 1165
LONG COUNTY
HB 1183 HB 1212
--Board of Commissioners of Roads and Revenues; election of county attorney .............654, 730, 735, 833, 1524
--Sheriff's compensation .............821, 879, 940, 946, 1234, 1845
LONG, HONORABLE OSCAR L. HR 567 --Commend... ...... .... .. . . ........................----.......... .-768
LOOKOUT JUDICIAL CIRCUIT
HB 1164
--Solicitor-General; compensation .......
.. . .. .599, 665, 668, 752, 1840
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT HR 111-257 --Furnish certain law books . .
..... .......... ... .199, 275, 499
LOOKOUT MOUNTAIN, CITY OF HB 1105 --Incorporate ... . ...
491, 600, 605, 673, 1675, 1857, 1992
LORD, JAMES C. HR 403-912 --Compensate .... ...... .. ..... .. .. .----.156, 193, 1798, 2022, 3420
LOUISVILLE AND NASHVILLE RAILROAD COMPANY
HR 387-884 --Western and Atlantic Railroad; accept bid - ...._-- ...... ....----... .....131, 164, 1165, 1376, 2085
LOVEDAHL, ODELL HR 24-56 --Compensate ...-.............._.......-....----..--.(No action in 1968)
INDEX
3817
LOVEJOY, TOWN OP HB 186 --Incorporation; repeal ............_..........._. _..... (No action in 1968)
LOVETT, HONORABLE W. H. HR 795 --Commend- .... ...... ... ........... ....
................... 2456
LOWNDES COUNTY
HB 1060 --City Court of Valdosta; Judge and Solicitor; election .. ......... ...... ..... ............ 380, 464, 471, 514, 886
HR 617-1345--Conveyance of a tract of State owned property _.....1155, 1223 HB 1131 --Deputy Sheriff's salary . ....... .... ... 591, 659, 667, 745, 2355 HR 682-1473--Governing authority; merge with City
of Valdosta; amendment to the Constitution _....._.........._..............1654, 1791, 1799, 2002, 2849
LUMBER AND LUMBER PRODUCTS
HR 803 HB 1470 SB 314
HB 992 HB 985 HB 1159
--Forest products; study committee to study transportation; create ...._............ ..... ...-2465, 2594, 2759
--Sales tax; exempt shavings and sawdust used for tilling soil or animal husbandry .. .. ..... ....1653, 1790
--Shavings and saw dust from wood used directly in animal husbandry; exempt Sales Tax ..... ...... 1323, 1324, 1444, 1991, 2954, 3003
--Trucks hauling; length and weight permits ..... ....... . 290, 334, 604, 1116, 1242, 1524, 1729
--Trucks transporting; special permits .._... ........ 289, 333, 474 --Vehicles transporting pulpwood; chains or
cables . ... 598, 664, 668, 866, 1668, 1995, 2620, 2649, 3001,
3256
LUMPKIN, CITY OF HB 1471 --Corporate limits .... . ..
1653, 1790, 1799, 1996, 2615
LYONS, CITY OF
HB 1502 HB 1266
--Corporate limits; change ..... .....1781, 1978, 1988, 2095, 2846 --Mayor and Councilmen;
qualifications ..... ........ .... ... ....... 930, 980, 989, 1110, 1673
LYSERGIC ACID DI ETHYLAMIDE (LSD)
HB 118
--Regulate sale, possession, prescribing and dispensing .._.._..... ........................ .....(No action in 1968)
3818
INDEX
M
MACHINERY CITY HB 1619 --Repeal Act to incorporate .. ...._...2224, 2346, 2353, 2573, 3163
MACON, CITY OF
HR 779-1627--Ad valorem property tax; assessment; amendment to the Constitution _..._.....___...._.._.__...2226, 2347
HR 519-1103--Compensate ......_.........._-......._..-....-........_._........-...-..._._490, 599 HB 1267 --Firemen and policemen; dependent's
benefits ,,-...._-.....-....-._..._.._-..._-_.._--....__..........930, 980, 989 HR 853 --Ingleside Community, Piedmont District;
Boy Scout Troop No. 5; commend ,,--__..__---___..._._.--2915 HB 1481 --Mayor and aldermen; time of
taking office _..._.._-..._.................1656, 1793, 2235, 2248, 2995
MACON COUNTY
HB 1364 HB 1435
--Ordinary's salary .._.........-..._.........1219, 1313, 1319, 1452, 2239 --Tax Receiver and Collector;
consolidate offices -_..._....._.....-...1431, 1512, 1518, 1684, 2357
MADDOX, GOVERNOR LESTER
--Address By __._._.__._______._.__..__________.__________.____._____.109, 204, 265 --Communication ........._..._..._.._....._...._....15, 702, 703, 1522, 2591
MADDOX, J. W. HR 449-973 --Compensate ___._______..___--___._____._.._____-._.__.___.______._______________.286, 331
MADISON COUNTY
HB 1604 HB 50
HB 1605 HB 1603
--Board of Commissioners of Roads and Revenues; clerk's salary _...________.__._______.__.2073, 2229, 2236, 2401, 3417
--Penalty for magazine wholesaler to refuse to sell to retailer because of refusal to purchase other periodicals -__--_---_--------_----..--._.--_..--_..,,--...2851
--Sheriff's deputies' compensation ._........._....-..._-.-.2073, 2229, 2236, 2409, 3417
--Superior Court Clerk; allowances __.___-__._._-_...-.-~~_2073, 2229, 2236, 2401, 3417
INDEX
3819
MAGNETIC TAPES HR 835 --Create committee to study effect on juveniles ..-._._... 2742
MALT BEVERAGES (See Alcoholic Beverages)
HB 1584 HB 1451
--Airports; authorize sale within boundaries ....__......_....._._...._........1974, 2081, 2090, 2307, 2848
--Seizure by revenue agents; disposition ___..__._..________.________._____1436, 1515, 2090, 2534, 3414
MANCHESTER, CITY OF HB 1299 --Municipal elections ....._....................975, 1096, 1100, 1174, 1674
MANN, HELEN REBEKAH (BECKY) HR 747 --Commend ....................2157
MANN, VIRGINIA ANNE HR 745 --Commend _........_..__...._........._...._..____....___......_......_..._._......_._....._..2156
MANUFACTURED HOMES HB 1479 --Standards of construction ....._____..1656, 1793, 1800, 2487, 3166
MARIETTA BLUE DEVILS, THE HR 441 --Commend ..____.._..-__.._..._.__.....-_...-.-............_..__......_......_..__.........260
MARIETTA, CITY OF
SB 355 --Board of Education; sale of certain property .___.._..______...._._........_...._.1527, 1529, 1663, 2702, 2717
HB 1579 --Cobb County-Marietta Water Authority; maturity date of revenue bonds -_______--.1973, 2081, 2089, 2256, 2999
SB 365 --Cobb County-Marietta Water Authority; revenue bonds .___....._._......_.....__.1805, 1808, 1986, 2703, 2718
HB 1445 --Corporate limits ..-.._..__......-........1434, 1514, 1518, 1686, 2615 HB 1578 --Corporate limits ....__-_.....__......_._......1973, 2081, 2089, 2256, 2999 HR 501-1090--Homestead exemption; amendment to the
Constitution ..............................457, 496, 605, 676, 1669, 1854 HR 706 --Hospital Authority; urge consolidation with Cobb
County Hospital Authority _-.__.- ..1579, 1800, 2151, 3404
3820 MARRIAGE
HB 74 HB 895 HB 894
INDEX
--License; minors may be married without parental consent, certain cases ._......__.._._._.,,........ (No action in 1968)
--Licenses; parental consent for underage applicants not necessary when proof of pregnancy _^___.___--__150, 189
--licenses; underage applicants; alternative methods for obtaining parental consent ___..__.__._____._.____.___.__..___..__.___._._.150, 189, 471, 707, 2566
MASTER KEYS
SB 385
--Duplicates; unlawful to make ............_.....____....._2617, 2621, 2697, 2841, 3290, 3323
MATERIALMENS' LIENS
HB 1263 HB 444
HR 657
--Depreciation __...._......_..._......_....._..-..._-.._.._...........__ 929, 980, 1320 --Must be enforced within 12 months after
delivery of material, labor, etc. _.....-...-_......__._...__..._.197, 312 --Study committee; create _..........._..................__..1272, 1448, 1587
MATTHEWS, HONORABLE CHAPPELLE HR 892 --Commend .___._._______.___._____.-___...____..-___.__-__________.-___._____.___.____.____3205
MAYORS
SR 167 HR 522
--Tenth Annual Georgia Mayors' Day; pay tribute --.473, 778 --Tenth Annual Georgia Mayors' Day; tribute to
municipal officials and employees .-- ---.--------.___.480, 603
MECHANICS' LIENS HR 657 --Study committee; create . .........______._........._.....1272, 1448, 1587
MEDICAL EXAMINERS
SB 386 HB 1068
--Georgia Post Mortem Examination Act; appointments ..____.-____-_____-._.-.____.__-.-_-.2619, 2623, 2699, 2990
--Georgia Post Mortem Examination Act; fees for certain services _...__...-......_.._-.-._._...._..._..382, 466, 1664, 2044
MEDICAL LABORATORIES HB 1024 --Personnel; licensing and regulating __...__.._._._________._._.__326, 390
INDEX
3821
MEDICAL PERSONNEL HB 1104 --Civil liability; emergency treatment _______________ 491, 600, 2088
MEDICAL RESEARCH
HB 1294
--Promote facilities by exempting from building and zoning restriction _._.._.___._973, 1094, 1229, 1447, 1451, 2707
MEDICAL SERVICE CORPORATIONS, NON-PROFIT
HB 529
--Insurance Code of 1960; composition of Board of Directors __________________________________ (No action in 1968)
MEDICAL STUDENTS
HR 521-1103--Scholarships; repayment of loans; amendment to the Constitution _______________._______.491, 600, 832, 1288, 3421
MELTON, HONORABLE QUIMBY, JR. HR 634 --Congratulate _....__ _______ _._.____.__.___________...____________._____.._____...________1247
MEMORIAL DAY
HB 929 HB 947
--April 26; change name to Confederate Memorial Day ___________.___.____.._____________________._..._____.__184, 219, 299
--National Memorial Day; May 30; declare public and legal holiday ________.....___.._._.._____._..215, 293, 337, 412, 1806
MENTAL HEALTH
HR 353
HB 1135 SB 295
HB 244 HR 645
--Day Care Centers; create committee to study __.__----_.-_-_-____ (No action in 1968)
--Examination hearing; notice ____.____._. 592, 660, 967, 1488, 3285 --Hospitalization; procedure for transfer
from another State _________--___.__._.________1449, 1451, 1516, 2701 --Medical treatment; authorization ______.._.(No action in 1968) --State Department of Public Health; urged to
inaugurate program recommended by Dr. B. W. Forester, Chairman of Mental Health Committee, State Board of Health _____________________1262
MENTAL HEALTH STUDY COMMITTEE
HR 285 --Create
_____.__-__-_._--__________________________ (No action in 1968)
3822
INDEX
MENTAL RETARDATION --Interim Study Report _____..____.,,_._..__.._._.,,.___.__._....__._.-_.___.--.3525
MERCHANTS HB 1612
--Uniform Commercial Code; liability of commission merchants of security interest ......._...-....-......-.._...__...._...-....-1976, 2083, 2236, 2888
MERIWETHER COUNTY HB 1298 --Certain officials' salaries ........__....975, 1096, 1100, 1173, 1674
METRO ATLANTA RAPID TRANSIT AUTHORITY
SB 353 SB 111
--Clarify costs _...._.._._ 1675, 1676, 1796, 2702, 2984, 3100, 3104, 3133, 3429
--Publication of activities ......_...._.._............_(No action in 1968)
METROPOLITAN AIRPORT COUNCIL
HR 704
--Study Committee; create to study feasibility of establishing in certain areas .._.,,_........1579, 1800, 2150
METROPOLITAN TAX STUDY COMMISSION HR 702 --Create _...._...__._____,,.___.___...._...__...___.___.___.... _._._.__...__.1578, 1800, 2149
MIDDLE GEORGIA EDUCATIONAL FACILITIES STUDY COMMITTEE HR 884 --Create .........._.....__......_...._.._..._._.._...__.._......__.._......._...__...._.._..._._3200
MIDWAY, CITY OF
HB 1653
--Mayor and Council; compensation __._.__________..__..____..___2589, 2697, 2702, 2862, 3419
MILAN, CITY OF HB 1261 --Corporate limits .._..._.___...__..___..._..__._929, 980, 988, 1109, 1673
INDEX
3823
MILK (See Agriculture)
HR 879
HR 839 SR 213
--Agricultural Commodities Commission for Milk; Georgia Milk Producers Association; expressing appreciation ...._..___..---,,.-- ...._.. ........3195
--Milk control and distribution; create study committee ._._2746 --Sales regulated by General Assembly; amendment
to the Constitution __.____.___________.1840, 1840, 1987, 2087, 2962
MILK AND MILK PRODUCTS
HB 945
--Georgia Milk Stabilization Commission; create ......._..,.._ ........188, 222, 336, 1201, 1516
MILLEDGEVILLE, CITY OF
HR 386-380 --Milledgeville-Baldwin County Industrial Development Authority; create; amendment to the Constitution .___._._..._. ....130, 163, 198, 232, 1666
HB 1551 --Sanitary services to county ..........1968, 2077, 2089, 2250, 3179
MILLEN, CITY OP
HB 1186
--City Court Judge and Solicitor; compensation _.,,...___._.___._.__._,
655, 731, 735, 834, 1170
MILLER COUNTY HR 828 --1967-68 High School Girls' Basketball Team; commend ..,,.._.--..............._.._._-.____.._....,, ............_....__ ....2768 HB 1601 --Board of Commissioners of Roads and Revenues; checks drawn on county funds .._._.......-_...._____.__....-.._.........2073, 2229, 2236, 2400, 3163 HB 1602 --Board of Education members' selection ___..._.__..____..........__.___.......2073, 2229, 2236, 2400, 3334 HR 535-1179--Colquitt and Miller County Development Authority; create; amendment to the Constitution . .. ..__..--.-._.----,.---653, 729, 735, 836, 2243
MILLER, DOCTOR JOEL HERMAN HR 769 --Express sympathy for passing of ......_...________.___._._.____._......2176
MILLER, POLLY
HR 750 --Commend ........_________________________...2160
3824
INDEX
MILKER, CITY OF
HR 810 HR 812
--1967-68 Milner High School Boys' Basketball Team, commend ................_.............
--1967-68 High School Girls' Basketball Team; commend ................._...-...._...-_...... ..........
... 2633 2635
MINCEY, CARROLL J. HR 534-1179--Compensate _..........._....................... ...653, 729, 1797, 2027, 3423
MINES HB 969
--Surface Mined Land Use Board; establish ........................... ........285, 330, 605, 709, 1102, 1196
MINES, MINING AND GEOLOGY, DEPARTMENT OP HR 891 --Reorganization; create committee to study . ... . . . 3204
MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT
(See Education, Schools)
HB 33
HB 900 HB 331 HB 546
HB 1103 SB 247
HB 1180
HB 498
--Assistant principals included within term "certificated professional personnel" ........-....._..--.....-_(No action in 1968)
--Lapsed funds ............_..._...........................153, 190, 298, 44t>, 737 --Professional personnel; separate classification ...... ... 671 --Student's voting rights; appraisal
at age 17 ........_........-........_..............._...........-.......470, 867, 3170 --Teacher allotment .._..._._.....-...._..__...490, 599, 986, 1419, 3165 --Teacher allotment; change
provisions ..........................................669, 670, 733, 2234, 2891 --Teachers and certificated professional personnel;
board of 3 examiners may classify; certain counties ........_............_..................654, 730, 2592, 2805 --Transporting of pupils; calculation of costs __.._..___......_.--__--_.--.---__--.......... ...(No action in 1968)
MINIMUM HOURLY WAGE HB 1203 --State employees .._..._._____-___.-_.-_.-..-..--..----_.-..-. ...725, 826
MINIMUM WAGE HB 694 --State employees .............-............--.........-.-.(No action in 1968)
HR 30 HR 584
INDEX
3825
--State Minimum Wage Law Study Committee; create --._______.--._____._.___.__..._..(No action in 1968)
--Create committee to study _........_..........___..-.._...._._...._.___...._.__784
MINING OPERATION--SURFACE --Interim Study Report ........ ...._......._........._.._...__....._______.___.3586
MINORS (See Courts)
HB 756 --Abandonment; service of demand before invoking penalty ......... ....__...._........._...._... ._______.199, 440, 606
HB 385 --Aid to Dependent Children Act; define dependent child ................. ._..._........_.._._.(No action in 1968)
HB 213 --Alcoholic beverages; unlawful to falsely represent age, drink or possess ...._..._._...................._.......1802
HB 245 --Alcoholic beverages; unlawful to possess ................. ..._._............ .............. (No action in 1968)
HB 217 --Children under 10, unlawful to leave unattended in parked motor vehicle ............,,......._.. (No action in 1968)
HR 772 --Crime among juveniles; create study committee ...._.......2181 SB 210 --Cruel treatment; dentists included among
parties permitted to report cases of cruelty ...... 339, 474, 498, 987, 1275, 1991, 2188, 2508, 3040,
3107 HB 966 --Georgia Gifts to Minors Act; life insurance
policies and annuity contracts __-..--.__._.----..._. 285, 329, 942 HB 897 --Guardians; bond requirement ...____.____152, 190, 339, 646, 2566 HB 1405 --Insane persons; ordinaries authorized to act
as legal custodians ................... 1307, 1441, 1448, 2220, 3413 HB 311 --Interstate Compact on Juveniles; State
shall be party to .. -........._............-------(No action in 1968) HB 853 --Juvenile Courts; jurisdiction and procedure
relating to rights of offenders __.._..._.22, 133, 471, 717, 3408 HR 379-853 --Juvenile Court Law Study Commission;
create ............__..._...__..._._.____._............_...23, 134, 988, 1570, 3420 HB 74 --Marriage license; minors may be married without
parental consent, certain cases _..._._.....(No action in 1968) SB 371 --Property conveyances; consensual transactions,
18 years of age or older _........_..._.._.__........._..1805, 1809, 1986 SB 366 --Solicitation of money; unlawful
to employ ...........................__.....__...._._...1992, 1994, 2084, 2592
MITCHELL COUNTY
HB 1525
--Tax Commissioner's term and compensation ..............................1786, 1982, 1989, 2099, 2847
3826
INDEX
MODEL GLUE SB 205
--Intentional inhaling of fumes; prohibit ........___.....___........_..._.499, 511, 603, 1165, 2975, 3405
MOLNAR, MAC HR 846 --Commend ---,,-------------------__------------------2911
MOLOTOV COCKTAILS HB 907 --Possession prima facie evidence ----------------------154, 191
MONCUS, EUGENE G. HR 402-912 --Compensate --..__----__-----._-------_156, 193, 2233, 2299, 3420
MONEY SOLICITATION
HB 901 HB 949
--False invoices; misdemeanor ._----..--..153, 190, 338, 441, 737 --Goods or services not rendered; unlawful
to solicit payment --...----.--------------......... 215, 294
MONROE, VAUGHN HR 527 --Expressing Appreciation _.--____--.----------__--------------.--566
MONTGOMERY COUNTY
HB 1493
--Tax Commissioner's compensation ----------.1779, 1977, 1988, 2092, 2849, 2931
MOODY, M. K. HR 604-1288--Compensate ------------------------934, 984, 1798, 2028, 3424
MOORE, HONORABLE DON C. HR 859 --Commend ----------------------__----__..__....-.__...2919
MOORE, SENATOR ALBERT F. HR 464 --Wishing speedy recovery ._..............--.....................................302
INDEX
3827
MORAN, HONORABLE CHARLES A. HR 814 --Commend __.._._.______________..,,____-._.______-______._--_-._____._______..____________ 2636
MORGAN COUNTY
HB 1284
HB 1287
HB 1282 HB 1283
--Board of Commissioners of Roads and Revenues; appoint depositories for county funds ..__________....______..__.________.933, 983, 989, 1113, 2356
--Board of Commissioners of Roads and Revenues; Chairman, Vice-chairman and members' compensation ........934, 983, 989, 1114, 2358, 3050
--Certain officials' salaries __.____.___._._..933, 983, 989, 1113, 2356 --Tax receiver and collector offices;
consolidate ._-_............-___-...___-_.....933, 983, 989, 1113, 2356
MORRIS, DEAN JOHN TOLLIVER HR 508 --Express sympathy for passing of ._..------_.--________---...______._420
MORROW, CITY OF
HB 1627 HB 1615
--Annexation, referendum __..___...__..2226, 2347, 2353, 2575, 3418 --New Charter ___..____...___....... 2075, 2231, 2353, 2410, 3004, 3055
MORTGAGES HB 889
--Superior Court Clerks; fees for recording- .............._..__.__._.______.___.......149, 188, 299, 1203, 1244
MOTELS HB 1041
--Excise tax, municipalities .._._._.______.........._...........376, 461, 1521
MOTORBOATS
HB 1193 HB 998 HB 997 SB 325
--Georgia Motorboat Numbering Act; extend provisions _...____._..___..._______.656, 732, 1987, 2772, 3410
--Maximum capacity; State Game and Pish Commission _____________._.__.______._____._._____________.__._______292, 335
--Outboard motors; certificate of title; State Game and Fish Commission ........__.._.____._...._.....291, 335, 470
--Torts; owner's liability ....._..........2617, 2622, 2699, 2701, 2978
3828
INDEX
MOTORCYCLES
HB 15 HB 1516
--Crash helmets required during lawful contests of speed or endurance --.------------..--(No action in 1968)
--Uniform Act Regulating Traffic on Highways; safety devices .----------__----_._.____.___. 1783, 1980
MOTOR FUEL
HB 885 HB 984
--Aircraft motors; exempt excise tax --.---- --------.131, 164 --Tax; increase if purchased in other states ----,.288, 333, 1521
MOTOR FUEL TAX LAW
HR 425-941 --Boating and fishing facilities; proceeds appropriated to State Game and Fish Commission; amendment to the Constitution --_---.----------------------------187, 222
HB 1179 --Counties, municipalities; refunds --------_ 653, 729, 1521 HB 854 --Excise tax; exemptions -- .. 23, 134, 1321, 2317 HB 982 --Excise tax upon all distributors;
increase ------ .------ . 288, 332, 1521, 2308, 2468, 2650 HB 1478 --Motor carriers; impose tax for use of
streets and highways -.----1655, 1792, 1802, 2670, 3166 HB 984 --Purchase in other states ---------------------- 288, 333, 1521 HB 983 --Sales tax; exempt-.--.---- --------.--------------. .288, 332
MOTOR SCOOTERS
HB 420
--Driver's license; special permit, 14 years of age or over ------------..--...(No action in 1968)
MOTOR VEHICLES (See Highways)
HB 276 HB 627 HB 120 HB 760 HB 1290 HB 259 HB 51 HB 1421
--Abandoned; power of law enforcement officers to remove _._..._.------------------------(No action in 1968)
--Additional millage; bonded indebtedness ----------_--------.....----- (No action in 1968)
--Ad valorem tax; classification and method of assessment --------------_._.--------___--(No action in 1968)
--Ad valorem tax; establish values if held for resale -------.------------------ (No action in 1968)
--Ad valorem tax; method of taxation -.-...---973, 1094, 1801 --Ad Valorem Tax Act of 1966; allow counties to hire
additional personnel to administer -_.------_-668, 1276, 2704 --Certificate of Title Act; amend relating to models
antedating 1963 --------------------.----(No action in 1968) --Certificate of Title Act; exempt if horsepower 3.5
or less --------.----._----_.----._------------------1311, 1444
INDEX
3829
HB 395 --Certificate of Title Act; filing of liens -------..-..------1100
HB 875 --Certificate of Title Act; origin of
vehicle ... .............. 129, 162, 299, 611, 1806, 2618, 2618, 2623
HB 394 --Contract carriers and common carriers; exempt
certain vehicles from regulations -.____.____.__,,_______.--________ 1800
HB 1059 --Dealers; ad valorem tax; due date ......................380, 464, 1991
HB 855 --Defects and imperfections; breach of
warranty ......_...................__..__.._.........23, 134, 941, 1201, 1517
HB 652 --Disabled persons allowed to park on public
streets without penalties .-....-..._...,,__._...(No action in 1968)
HB 314 --Driver Education Course; minors; operator's license .--..1800
HB 654 --Driver Education Course; secondary schools;
financial responsibility ........_.__..____.._._...(No action in 1968)
HR 378-858 --Driver edcuation; traffic fines and forteitures; allocation;
amendment to the Constitution ...._______________....___.___ 23, 134
HB 1367 --Driver's licenses; classification -__..._...........____1219, 1313, 1519
HB 840 --Driver's license; expiration date .._...__._.._..._....._.....20, 132, 1801
HB 1080 --Drivers' licenses; honorary; change
requirements _______.____.__.._.._._________._____________._______.____385, 469, 829
HB 1009 --Driver's license; reexamination after suspension ----322, 387
HB 308 --Drivers', license; suspension or revocation;
notification ______________________________________________ (No action in 1968)
HB 304 --Drivers' license; suspension or revocation;
proof of required deposit ___....._.........___...(No action in 1968)
HB 881 --Drivers' license; suspension, violation point count
system ....... 27, 136, 137, 441, 646, 648, 942, 2825, 3273, 3307
SB 120 --Drunk driving; punishment __.____.____472, 473, 498, 831, 2034,
2242, 2297, 2507, 2507, 3035, 3040
HB 882 --Financial responsibility law; proof maintained for 3 year
period after reinstatement of driver's license ---27, 136, 137
HB 813 --Illegal parking; removal and storage by
"
property owner ....._..............._...._......_......_.. ......831, 1202, 1670
HB 1378 --Inspection Law; increase fee ____.._______________._._.__1302, 1437, 1800
HR 125-312 --Inspection Law Study Committee;
create ........ ............_....__.....__._...._._...----.-(No action in 1968)
HB 876 --Inspection of Motor Vehicles Act; certificates of
inspection .............._......_......_......_._................_._.._..__._..__.129, 162
HB 492 --Inspection of Motor Vehicles Act; no vehicle shall
be operated wtihout certificate ......__..... ........... ------1800
HB 973 --Inspection of Motor Vehicles Act; trailers and
semi-trailers ............ ..............................._......._......._. 286, 330
HB 1360 --Insurance; cancellation ................1218, 1312, 1446, 1866, 3412
--Interim Study Report ._.........._........_........_................ ... ------3529
HR 505 --Liability insurance; create committee
to study ........ ......... .........................----418, 502, 2702, 2747
HB 1090 --Liability insurance; insolvent companies ... ----457, 495, 942,
1203, 3170, 3251
SR 187 --Liability insurance; special assessment fees for owners
who do not carry; amendment to the
Constitution ---------------1102, 1106, 1164, 1229, 1800, 2297
3830
INDEX
SB 320 --Liability insurance; uninsured
motor vehicles .......1237, 1241, 1317, 1987, 3231, 3378, 3378
HB 1342 --License plates; allow 50<: for mailing to
applicants -...-.......... 1154, 1223, 1321, 2044, 3412
HB 932 --License plates; citizens' band radio
stations .._._................._........_...._._..__.._.. 185, 220, 507, 700, 1806
HB 1171 --License plates; disabled veterans ..........-.-...--.-----...651, 727
SB 322 --License plates; members of the General
Assembly ......_._.__.-_..-..-........_. 1103, 1105, 1164, 1800, 3221
HB 839 --License plates; reflective material -...-.....-.. 20, 131, 137, 201,
1322,1371
HB 293 --License plates; special issuance to citizens' band
radio stations ........... .-.__--_-_--.---._..--_--507
HB 903 --License plates; special personalized
plates .._.-...........-..._....-........._. 153, 190, 299, 416, 3273, 3356
HB 137 --License plates; treated with reflective material .....-_...-_.--668
HB 1073 --Motor carriers engaged in interstate commerce shall be
registered with Public Service
Commission
....
383, 468, 831, 923, 2086
HB 1072 --Motor common carriers engaged in interstate commerce
shall be registered with public Service
Commission . . . . . 383, 467, 831, 921, 2086
HB 15 --Motorcycles; crash helmets required during lawful
contests of speed or endurance -- ..--...-(No action in 1968)
HB 1516 --Motorcycles; Uniform Act Regulating Traffic on
Highways; safety devices ....................................1783, 1980
HB 982 --Motor Fuel Tax Law; excise tax;
distributors ..................... 288, 332, 1521, 2308, 2468, 2650
HB 854 --Motor Fuel Tax Law; exempt excise tax ....23, 134, 1321, 2317
HB 983 --Motor Fuel Tax Law; exempt sales tax .................. 288, 332
HB 1478 --Motor Fuel Tax Law; motor carriers; impose tax for use
of streets and highways ... ....... 1655, 1792, 1802, 2670, 3166
HE 799 --Motor pools; create committee to study advisability of
State establishing ...................... ........... 2461, 2704, 2757
HB 420 --Motor scooters; driver's license; special permit,
14 years of age or over . ...... .. ......... (No action in 1968)
HB 126 --Non-Resident Motorist's Act; service of process;
method of determining ............__....__..... (No action in 1968)
HB 942 --Reckless driving; tire marks .......-............_.._....... 214, 293, 507
HB 999 --Right-hand traffic lane; slow-moving
traffic .................... ........... 292, 335, 507, 808, 1667, 2295
HB 977 --Size and weight limits; scales ... 287, 331, 734,1422, 3000, 3065
HR 560-1220--Special assessment fees; liability insurance;
amendment to the Constitution ._...._..-.._._._........._. 823, 881
HB 841 --Speed restrictions; four-lane limited access
highways .
.
. 20, 132, 299, 414, 2084, 3357
SB 209 --Speed restrictions on certain highways ,...472, 474, 498, 508,
806
HB 898 --State Board of Registration for Used Car Dealers;
"Established Place of Business" .............152, 190, 299, 573,
1166,1195
INDEX
3831
HB 110 --State Board of Registration for Used Car Dealers; membership and appointments ..____---______.____________________.___668
HR 63-141 --State Department of Motor Vehicles; create study committee -...._...-.-__-...-....__...._..(No action in 1968)
HR 703 --Study committee; create ~--__._-___--.-___-______.1581, 2593, 2751 HB 593 --Taxicabs; registration and licensing ______ (No action in 1968) HR 815 --Truck license Study Committee; create ,,_,,___. 2638, 2990, 3186 HB 424 --Trucks hauling gravel, rock, etc.; prohibited on highways
without protective cover _____......___..(No action in 1968) SB 220 --Trucks; prohibit from hauling gravel or stone on highways
without protective covering ___________________________473, 474, 499 SB 109 --Trucks; refund, certain license fees __._._...(No action in 1968) HB 1319 --Trucks used for well digging purposes; annual
license fee ....... ...... ... ..,,.-.1090, 1160, 1800 HB 981 --Unattended vehicles; remove provisions exempting sellers
of fruits, nuts and vegetables ...._.___._....-..288, 332, 734, 969, 1675, 1841, 2900
HB 144 --Uniform Act Regulating Traffic on Highways; intersections; driving on left side of roadway ...._______(No action in 1968)
HB 217 --Unlawful to leave children under 10 unattended in parked vehicle ..........._._..--...__..__.--.(No action in 1968)
HB 1159 --Vehicles transporting pulpwood; chains or cables __..___._.______.__.598, 664, 668, 866, 1668, 1995, 2620, 2649, 3001,3256
HB 975 --Weight limits; special permits _,,________ 287, 331, 734, 2203, 3166 HB 1022 --Wrecking companies; disposition after 6 months'
custody _.........-._......._._........._.-..__._.___.....325, 390, 831, 900, 2086
MOULTRIE, CITY OP
HB 1168 HB 774
--Elections; notification ______________.__.____,,_. 650, 727, 735, 832, 1807 --Elections; time of giving notice ............._..(No action in 1968)
MOUNT VERNON, CITY OF HB 1494 --Corporate limits ........_.._........___... 1779, 1977, 1988, 2093, 2846
MUNICIPAL CORPORATIONS (See Named City)
HR 611-1301--Acworth, City of; homestead exemption for residents 62 years of age or over; amendment to the Constitution ..__.......__.._.........._....._.976, 1096, 1099, 1192, 1667
HB 1388 --Albany, City of; Commissioners' absences excused; employ city physician ..... 1304, 1438, 1447, 1548, 2241, 2578
HB 1347 --Albany, City of; employees' pension; amount levied ........._.____..__........._1156, 1224, 1447, 1452, 2238
3832
INDEX
HR 607-1295--Albany, City of and Dougherty County; merge and
consolidate; amendment to the
Constitution .
. 974, 1095, 1099, 1187, 1667
HB 1124 --Allentown, Town of; corporate limits; change ... 590, 658, 667,
743,1235
HB 1380 --Ambrose, City of; treasurer; file statement with superior
court clerk ___...___...___..__.__.___.__..__.1302, 1437, 1447, 1546, 2239
HB 1548 --Americus, City of; Judge's compensation ..1968, 2077, 2089,
2250,2997
HB 1034 --Americus, City of; retirement system;
participation ... ......................_................. ....... .. ... ..... 328, 392
HR 529-1156--Athens, City of; ad valorem tax procedure; amendment
to the Constitution ............................597, 663, 667, 753, 2849
HB 524 --Athens, City of; Athens-Clarke County Charter
Commission; create ,,.__,,______._,,,,--.--.-._. (No action in 1968)
HB 1647 --Athens, City of; municipal elections; time for
holding ._.._._...............................2346, 2559, 2593, 2596, 3164
HB 1616 --Atlanta, City of; Aldermen's elections ....................2075, 2231
HB 761 --Atlanta, City of; amusement tax . ........ (No action in 1968)
HB 763 --Atlanta, City of; amusement tax;
collection ... ...._.............. . ...... ....... ....._...(No action in 1968)
HB 1633 --Atlanta, City of; annexation; population basis ....2342, 2556
HB 1027 --Atlanta, City of; amusement tax .............. 326, 391, 471, 510
SR 180 --Atlanta, City of; bonds; issuance with referendum, certain
conditions ..................-..-.1804, 1809, 1986, 2353, 2441, 3002
SR 218 --Atlanta, City of; bonds for school facilities; referendum;
amendment to the Constitution ... ........... 2243, 2246, 2349,
2703, 2724, 3000
HB 303 --Atlanta, City of; Building
Ordinances -.........-...-..-.............._....... ....(No action in 1968)
HB 1141 --Atlanta, City of; city taxes;
collection ... ..................... ... ... ...... 593, 661, 667, 748
SB 405 --Atlanta, City of; increase corporate limits .. 2359, 2398, 2559
HB 1609 --Atlanta, City of; corporate limits ..... . 2074, 2230, 2236, 2467,
2702,2717
SB 241 --Atlanta, City of; employees' pension
rights . .. ...... .... ...... ......... ...... 1992, 1993, 2083, 2353, 2576
HB 766 --Atlanta, City of; employees; housing ..... (No action in 1968)
SB 242 --Atlanta, City of; fire department; tax on insurance
premiums _..._....-......__.._...._._........1992, 1994, 2084, 2354, 2576
HB 76 --Atlanta, City of; Fire Departments; reduce pension
benefits .. ..... ......... ................ .............. .(No action in 1968)
HR 26 --Atlanta, City of; Pulton and DeKalb County Delegations;
vote required for local legislation ....... (No action in 1968)
HR 713-1512--Atlanta, City of; Historic /one; amendment to the
Constitution ......................... .... 1659, 1795, 2235, 2263, 3425
SB 248 --Atlanta, City of; Housing Authorities Law; increase
membership ................... 2241, 2245, 2348, 3112, 3116, 3428
SB 308 --Atlanta, City of; Joint City-County Board of Tax
Assessors; abolish office manager's
position ..................._....-...._..._.1167, 1239, 1315, 2236, 2246
INDEX
3833
SB 311 --Atlanta, City of; Mayor and Board of Aldermen; jurisdiction over sanitation facilities _________ 1237, 1241, 1317, 2235, 2247
HB 1513 --Atlanta, City of; local education commission; re-establish -___.-_._____________.....___1659, 1795, 2235, 2258, 3415
HB 1587 --Atlanta, City of; Mayor and Board of Aldermen; governing authority ________________________________________________1975, 2082
SB 111 --Atlanta, City of; Metro Atlanta Rapid Transit Authority; publication of activities ......_.,,.--_____.___...(No action in 1968)
HB 1396 --Atlanta, City of; municipal zoo; General Assembly to appropriate funds ____________________________ ____1305, 1439, 1989
HB 1644 --Atlanta, City of; open housing _________________________________ 2345, 2558 HB 1028 --Atlanta, City of; lodgings; excise
tax 2% __ _____ _______ ________ _______ ____________________327, 391, 471, 510 HB 1407 --Atlanta, City of; Region Metropolitan Planning District;
increase membership ____________ 1308, 1441, 1518, 1681, 3413 SR 179 --Atlanta, City of; property tax; incur debt of 14% of
assessed value ____ __________ 1323, 1324, 1444, 2235, 2288, 3001 SB 313 --Atlanta, City of; slum clearance; non-residents; provide
service by certified mail _________ 1167, 1239, 1316, 2235, 2248 HB 1139 --Atlanta, City of; Tax Commissioner; tax returns Fulton
and DeKalb County ____________________________________ 593, 660, 667, 747 HB 1140 --Atlanta, City of; Tax levy _____________ ______..____.._ 593, 660, 667, 747 SB 310 --Atlanta, City of; tax returns due City of Atlanta located in
Fulton and DeKalb County ...... ________1740, 1741, 1797, 2235, 2262,3405
HB 1100 --Atlanta, City of; Taxicab franchise license fees _ ___________________ . _______________.______459, 497, 605, 673, 3409
SB 243 --Atlanta, City of; teachers' pension ________ 1993, 1993, 2083, 2354, 2577
HB 1608 --Atlanta, City of; teacher tenure ... 2074, 2230, 2592, 2712, 3417 HB 1592 --Atlanta, City of; wards _______________________ 2071, 2227, 2353, 2404 SB 309 --Atlanta, City of; zoning changes; notification to tax
assessing officials _____________ _.______1167, 1239, 1315, 2235, 2247 HR 458-1013--Augusta, City of; tax levy; amendment to the
Constitution _____________________ __________ ______________ 323, 388, 394, 522 HB 821 --Augusta, City of; Mayor and Council;
election ........... _____ . ......_................ . ... (No action in 1968) HB 835 --Augusta, City of; Police Department rules ... 1988, 2091, 2845 HB 1356 --Augusta, City of; pension fund; invest 1158, 1226, 1227,
1326, 2239 HB 1014 --Augusta, City of; police department;
title rules _________ ________________________ 324, 389, 394, 475, 738 HB 1018 --Augusta, City of; Sale of Alien Park ____324, 389, 394, 475, 738 HB 1475 --Austell, Town of; corporate limits _________ ______1654, 1791, 1988,
2092,3414 HB 1631 --Austell, Town of; corporate limits _______ 2226, 2348, 2353, 2575 HR 684-1477--Bainbridge, City of-Decatur County Industrial
Development Authority; create; amendment to the Constitution ____________ 1655, 1792, 1800, 2006, 2850, 3052 HR 613-1309--Bainbridge, City of-Decatur County Beverage Control Board; create; amendment to the Constitution . 978, 1098
3834
INDEX
HB 1402 --Bainbridge, City of; Aldermen; number and election
HB 1242
method --------------------------1221, 1315, 1799, 1811, 2561 --Baldwin, Town of; Mayor; term of office _------. 877, 936, 941,
HB 1433 HB 965
993,1807 --Baxley, City of; Mayor's vote before
council --------------------1431, 1511, 1518, 1683, 2563, 3053 --Blakely, City of; special and municipal
elections ------------------------ 284, 329, 338, 396, 737
HE 722-1544--Blue Ridge, City of; Industrial Development Authority; create; amendment to the
Constitution -- ----------- _ 1789, 1984, 2089, 2142, 2850
HB 1465 HB 872
--Boston, City of; Police Chief-Marshal; election ---------- .---------- 1509, 1661, 1665, 1813, 2562
--Bowman, City of; Clerk and Treasurer;
HB 1310 HB 1570
election _---------------------------- 128, 162, 198, 222, 500
--Bremen, City of; sanitary needs; condemn
land
-- -- ---------- 1089, 1159, 1799, 1810, 2560
--Brooklet, Town of; ordinance violations;
fines ---------------------------1972, 2080, 2089, 2255, 2999
HB 1382 --Broxton, City of; Treasurer; file statement with
HB 1086 HB 1611
superior court clerk --------------1303, 1437, 1447, 1547, 2240 --Brunswick, City of; Brunswick Port
Authority ----------------------456, 494, 605, 672, 3041, 3085 --Brunswick, City of; Brunswick-Glynn County Charter
Commission; create ----------2074, 2230, 2843, 2856, 3417
HB 1646 HB 1541 HB 1461
--Brunswick, City of; corporate limits ._..__..._. 2345, 2559, 2843, 2861,3418
--Brunswick, City of; primary candidate; nominating petition ____,,_------ 1788, 1984, 1989, 2102, 3415
--Brunswick, City of; Revenue; requirements
HB 1581
HR 766 HB 1594
for raising ----------------- 1508, 1661, 2843, 2854, 3414 --Brunswick, City of; Sheriff; employ additional
deputies ------------------------1974, 2081, 2089, 2257, 3416 --Butler, City of; volunteer fire department; commend ...--2173 --Cairo, City of; City Court Judge, Solicitor and
Clerk's salaries --------- -- 2071, 2227, 2235, 2399, 3163
HR 768 --Cartersville, City of; Jaycees; commend ___...____ _____________ 2175
HB 765
--Cartersville, City of; New Charter; create ----....._.__...- 1988, 2106, 2845, 3003, 3003, 3256, 3274
HR 553 --Cedartown, City of; Merchants' Association; commend --686
HB 1419 --Centerville, City of; Mayor and Council;
qualifications .....-.._..-......_....1310, 1443, 1448, 1554, 2614
HB 1174
--Chamblee, City of; Sanitary tax; millage levied ---- ----------------------652, 728, 940, 945, 2356
HB 1610
--Chattahoochee Plantation; corporate limits.-2074, 2230, 2236 2402, 3417
SB 407
--Claxton, City of; Mayor and Councilmen; compensation ---------------- 2613, 2621, 2698, 2843, 2862
HB 1517
--Clermont, Town of; mayor and councilmen; election ..._----------.------1783, 1980, 1988, 2096, 2847
INDEX
3835
HB 1389 --Cleveland, City of; corporate limits; polls opening
and closing _____..._.________..______.._____. 1304, 1438, 1799, 1811, 2561
HB 1520 --Cochran, City of; Corporate limits; change by
referendum ._..____________________.________.1784, 1981, 1988, 2097, 3365
SR 194 --Cochran, City of; school system; merge with Bleckley
County; amendment to the Constitution _.1323, 1324, 1444,
2354,2606
HB 1575 --College Park, City of; Councilmen; residence
qualifications ...._......_........___.__.._ 1790, 1985, 2353, 2404, 3416
HB 1232 --Colquitt, City of; certain areas; services
and taxes .. ......__._......_.-........_.._._...._.875, 935, 941, 992, 1525
HR 544-1191--Columbus, City of; create charter commission to study
consolidation with Muscogee County; amendment
to the Constitution _______._.__________________656, 732, 735, 845, 1323
HR 570 --Columbus, City of; High School Athletic Department;
congratulate .....___.--.._.___-....___...,,__......_____.__........___.....__......____770
HR 571 --Columbus, City of; Spencer High School Greenwave
Football Tean; commend ......_--.. ._................__. _______......... ____771
HB 1070 --Columbus, City of; Municipal Court; dismissal
of suits .
.. __. 382, 467, 472, 515, 886
HR 674-1450--Cordele, City of-Crisp County Industrial Development
Authority; create; amendment to the
Constitution ...........__.......,...1435, 1515, 1519, 1721, 2245, 2935
HR 564 --Cordele, City of; 1967 Cordele Senior Little League
Team; commend ......_............._...__....._,,... ..._.._.........--........._._.766
HR 624-1354--Cordele, City of; Office Building Authority; create;
amendment to the Constitution __.._...1158, 1226, 1227, 1348,
2244, 2934
HB 1509 --Covington, City of; Officials' conduct; certain
limitations .... .
1782, 1979, 1988, 2096, 2995
SB 95 --Crawfordville, City of; new charter __..(No action in 1968)
HB 1386 --Gumming, City of; corporate limits __............. 1303, 1438, 1447,
1530, 2357
HR 667-1435--Cusseta, Town of; Charter Commission; create; amendment
to the Constitution ...................._._....... ..._.. 1432, 1512, 1665
SB 380 --Daisy, City of; Charter _........._.....2242, 2246, 2349, 2593, 2596
HR 669-1440--Dalton, City of; Building Authority; create;
amendment to the Constitution ______ 1433, 1513, 1519, 1702,
2245,2647,3035
HB 1215 --Dalton, City of; Corporate limits ... 821, 880, 1100, 1171, 1671
HR 562 --Dalton, City of; 1967 Dalton High School Football
Team; commend ....._...._._....__._....-..._____._...._..-.........,,..........._._763
HB 1214 --Dalton, City of; Mayor and Council Employees'
Pension Plan; clarify ._...._._._.._.._.........._......__..._....... 821, 879
HR 670-1440--Dalton, City of-Whitfield County Development Authority;
create; amendment to the Constitution ._.... 1433, 1513, 1519
1715, 2244
HB 246 --Dalton, City of; payroll tax _ ..._...._._...._.._._.._.._.._........ ......._._.567
HB 1130 --Dasher, Town of; corporate limits;
redefine ........._...........__.......___.....__.....591, 659, 667, 745, 2355
3836
INDEX
HB 1366 --Decatur, City of; Parking Authority;
create _________.__._..___._._________...____ 1219, 1313, 1320, 1453, 2561
HR 559-1220--Decatur, City of; revenue obligations; amendment to the Constitution _______________________ 822, 881, 989, 1018, 1667
HB 1011 -- Doerun, City of; Recorder's Court; establish .............. 322, 388, 394, 475, 738
HB 1495 HB 1173 HB 1343
--Donalsonville, City of; Mayor and Aldermen; compensation ..._______._.._______...____1780, 1977, 1988, 2093, 2846
--Doraville, City of; corporate limits; redefine ...._._...._.___.......__......_..... 651, 728, 940, 945, 2564, 2729
--Douglas, City of; Board of Commissioners; members'
election ____..______...._______...____._-___..-1154, 1223, 1227, 1324, 2238
HB 1150
--Douglasville, City of; Mayor and Councilmen; salaries __.____.________.______.__._..___.______________595, 662, 668, 751, 1236
HB 893
--Dublin, City of; City Court; change name to State Court of Laurens County ___._.___....-.__..______.___....149, 189, 223, 501, 501
HB 1262 --Eastman, City of; councilman; election ________ _ 929, 980, 988,
1109,1673
HR 543-1183--Eastman, City of; Dodge County-Eastman Development
Authority; create; amendment to the Constitution ____________________ 517, 655, 730, 735, 839, 1669, 1855
HB 226
--East Point, City of; New City Charter; establish ... ... .....(No action in 1968)
HB 1005
--East Thomaston, Village of; abolish Charter .______________...._..___..____._________.. 321, 387, 471, 512, 855
HB 1536
--Eatonton, City of; Council members'
salaries
. 1787, 1983, 2235, 2249, 2996
HB 1406
--Elizabeth, City of; corporate limits ______________ 1307, 1441, 1447, 1551,2240
HB 1618 --Elizabeth, City of; new charter ...________ 2224, 2346, 2353, 2569
HB 1113
--Folkston, City of; City Manager's appointment ___....._____-...__________..492, 601, 667, 675, 2563, 2924
HB 1113
--Folkston, City of; corporate limits; extend ......... _______________________________________ 493, 601, 667, 675, 2560
HB 1114
--Folkston, City of; close certain streets and alleys __..____..._._____...____......_______........._493, 601, 667, 675, 2355
HB 1440
--Fort Oglethorpe, Town of; Mayor and aldermen; terms of office ______ _______._1433, 1513, 1518, 1684, 2359, 3151
HB 848 --Franklin Springs, City of; Mayor and Council;
terms .......... 22, 133, 137, 166, 500
HR 738-1616--Glascock, City of; Industrial Development Authority; create; amendment to the Constitution ______ 2075, 2232, 2236, 2429,3314,3345
HB 1491
--Glenwood, City of; Mayor and Councilmen; qualifications ___...______.._____________.1779, 1977, 1988, 2092, 2846
HR 430-952 --Griffin, City of; conveyance of certain real estate ...... ........ 216, 294, 298, 571, 1804
HB 1546
--Guyton, Town of; voters' qualifications and elections .........._........_........._.._._._.. 1968, 2076, 2088, 2250, 2997
INDEX
3837
SB 378 --Hapeville, City of; corporate limits .... . 2241, 2245, 2348,
2353,2578 HR 447-973 --Hawkinsville, City of; Pulaski County-Hawkinsville
Development Authority; create; amendment to the Constitution __------------___----.286, 330, 394, 404, 1667
HB 1499 HB 927
--Hogansville, City of; Public Utility; sale of ----.-.--------------1780, 1978, 1988, 2094, 2846
--Homeland, City of; territorial limits -.--184, 219, 298, 395,
HB 1591
HB 1376 HB 1123
2563, 2923 --Iron City, Town of; Mayor and Aldermen;
election date .-------.----------2071, 2227, 2235, 2299, 3162 --Irwinton, Town of; Charter ---- 1302, 1436, 1447, 1545, 2239 --Ivey, Town of; corporate limits;
change _..................... ..-.......__.-_........ 590, 658, 667, 743, 1235
HB 1390
--Jesup, City of; Mayor and commissioners; elections ----------------------1304, 1438, 1447, 1534, 2357
HB 1490
--LaGrange, City of; corporate limits ... ......... 1658, 1795, 1799, 1998,2615
SB 362 HB 1590 HB 1002 HB 1199
--Lake City, City of; elections; change date ----------------------------1805, 1808, 1986, 2842, 2863
--Lawrenceville, City of; city limits ................2071, 2227, 2353, 2408, 3162
--Leary, City of; Mayor and Councilmen; term of office .------------------------321, 386, 394, 474, 884, 1844
--Lenox, Town of; lease certain property ........724, 825, 830,
889,2356 HR 548-1200--Lincolnton, City of; Lincolnton and Lincoln County
Development Authority; create; amendment to the Constitution ..-.-.-.--..-.-724, 826, 830, 891, 1669, 1856 HB 1105 --Lookout Mountain, City of; incorporate...--..491, 600, 605, 673,
1675,1857,1992 HB 186 --Lovejoy, Town of; Incorporation;
repeal -----------------------------------(No action in 1968) HB 1471 --Lumpkin, City of; corporate limits --------1653, 1790, 1799,
1996,2615
HB 1502
--Lyons, City of; Corporate limits; change --------------___.--------1781, 1978, 1988, 2095, 2846
HB 1266
--Lyons, City of; Mayor and Councilmen; qualifications ........_............._...--..... 930, 980, 989, 1110, 1673
HB 1619
--Machinery City; repeal Act to incorporate ... 2224, 2346, 2353, 2573, 3163
HR 779-1627--Macon, City of; ad valorem property tax; assessment; amendment to the Constitution ___...._.__...--,_----.2226, 2347
HR 519-1103--Macon, City of; compensate ._----___.------_ 490, 599
HR 853
--Macon, City of; Ingleside Community, Piedmont District; Boy Scout Troop No. 5; commend ------------.______....._ 2915
HB 1267
--Macon, City of; firemen and policemen; dependent's benefits --.._..._------------.--------930, 980, 989
HB 1481
--Macon, City of; Mayor and Aldermen; time of taking office _...__----------------1656, 1793, 2235, 2248, 2995
3838
INDEX
HB 1299 SB 355 HB 1445
--Manchester, City of; municipal elections _........ ............ 975, 1096, 1100, 1174, 1674
--Marietta, City of; Board of Education; sale of certain property __.____.____.______.____1527, 1529, 1663, 2702, 2717
--Marietta, City of; corporate limits .._.______...___ 1434, 1514, 1518,
HB 1578
1686,2615 --Marietta, City of; corporate limits _---...--.1973, 2081, 2089,
2256,2999 HR 501-1090--Marietta, City of; homestead exemption; amendment
to the Constitution ._........_...._..457, 496, 605, 676, 1669, 1854
HR 706
--Marietta, City of; Hospital Authority; urge consolidation with Cobb County Hospital Authority ________________ 1579, 1800,
SB 365 HB 1579
2151, 3404 --Marietta, City of-Cobb County Water Authority;
revenue bonds ______-._._..-_._...__-__.1805, 1808, 1986, 2703, 2718 --Marietta, City of; Cobb County-Marietta Water Authority;
maturity date of revenue
bonds
.
1973, 2081, 2089, 2256, 2999
HB 1497 --McDonough, City of; recreational
facilities ... . .......... ..........1780, 1977, 1988, 2093, 3162
HR 723-1549--Mclntosh, City of; Industrial Development Authority;
create; amendment to the
Constitution ._..._.._..._._...._ 1968, 2077, 2235, 2266, 3314, 3345
HB 1250 --McRae, City of; corporate limits ....... 927, 978, 988, 1106, 1672
HB 1320 --McRae, City of; election laws ___._._____.___.___.___.1091, 1161, 1227,
1232,1807
HB 1653 --Midway, City of; Mayor and Council; compensation _...._...__......._.....,....2589, 2697, 2702, 2862, 3419
HB 1261 --Milan, City of; corporate limits -....929, 980, 988, 1109, 1673 HR 386-880 --Milledgeville, City of; Milledgeville-Baldwin County
Industrial Development Authority; create; amendment to the Constitution .__.__...........__......__ 130, 163, 198, 232, 1666
HB 1551
--Milledgeville, City of; sanitary services to county ........_.......__.....-........__..1968, 2077, 2089, 2250, 3179
HB 1186
--Millen, City of; City Court Judge and Solicitor; compensation _...__.._.....___...._......_._._.... 655, 731, 735, 834, 1170
HR 810
--Milner, City of; 1967-68 Milner High School Boys' Basketball Team; commend ....._...._..._..__._....._._.....__........__. 2633
HR 812
--Milner, City of; 1967-68 High School Girls' Basketball Team; commend ..--__----__.........___._...._..,,_....2635
HB 1627
--Morrow, City of; annexation; referendum ....2226, 2347, 2353, 2575, 3418
HB 1615
--Morrow, City of; new charter ............. 2075, 2231, 2353, 2410, 3004, 3055
HB 1168
--Moultrie, City of; Elections; notification ..........650, 727, 735, 832,1807
HB 774
--Moultrie, City of; elections; time of giving notice __..._._..._..__...._-.-._..-__.--._--... (No action in 1968)
HB 1494
--Mount Vernon, City of; corporate
limits .
..
. . 1779, 1977, 1988, 2093, 2846
INDEX
3839
SB 400 --Nashville, City of; corporate limits ______,___._2613, 2621, 2698,
3112,3115 HR 557-1216--Newnan, City of; independent school system; merge
with Coweta County System; amendment to the
Constitution ----------__----.__.821, 880, 941, 1007, 1670, 1857
HB 1464 --Nicholls, City of; Mayor and Aldermen;
compensation ----__------.__.----__ 1508, 1661, 1665, 1813, 2562
HB 1381 --Nicholls, Town of; Treasurer file statement with
superior court clerk ____---------- 1303, 1437, 1447, 1546, 2239
HB 1295 --North High Shoals, Town of; corporate
limits -.____----------._----___._------.974, 1094, 1100, 1173, 1674
SB 382 --Rayle, Town of; new Charter ----_ 2242, 2246, 2349, 3112, 3114
HR 763 --Reynolds, City of; Kiwanis Club; commend _____.----------.2171
HB 1556 --Riverdale, City of; certain officials' salaries _...__._. 1969, 2078,
HB 1613
2089, 2251, 2997 --Rockmart, City of; new charter ___ 2075, 2231, 2236, 2402, 3163
HB 1160 --Rossville, City of; Fire and Police Chiefs;
appointment ........ .__..___ 598, 664, 988, 991, 1675
HB 1162 --Rossville, City of; Mayor, councilmen and tax
assessor; compensation ___----------. 598, 665, 988, 993, 1675
HB 1161 --Rossville, City of; Recorder's Court;
establish .
_.
- - 598, 665, 988, 991, 1675
HB 1630 --Roswell, City of; Mayor and council; term
of office
... 2226, 2348, 2353, 2575, 3418
HB 1286 --Rutledge, Town of; change to City of __-------- 934, 983, 989,
1114,2356
HR 665-1435--Savannah, City of; ad valorem tax levy; amendment
to the Constitution ------1431; 1512, 1519, 2135, 3314, 3336
HB 1353 --Savannah, City of; Board of Education; members'
election ....__._...__..__.........___...__...__ 1157, 1225, 1518, 1538, 2560
HB 1645 --Savannah, City of; employees;
organization ------____._-. 2345, 2558, 2593, 2712, 3179, 3182
HB 1157 --Savannah, City of; municipal court; Justice of the
Peace; jurisdiction ......... 597, 664, 668, 752, 1236
HR 13-16 --Savannah, City of; planning and zoning ordinances
for historic purposes; amendment to the
Constitution ----__----------------------------__----__----886, 1199
HB 1351 --Smyrna, City of; corporate limits;
increase
. 1157, 1225, 1227, 1325, 2849, 3172
HB 1628 --Sparta, City of; New Charter ___.._..._.._._ 2226, 2347, 2353, 2570,
3004, 3135
HB 1184 ---Springfield, City of; City Court Judge's
salary _--------------------___.------__-_655, 731, 735, 834, 1170
HB 858 --Springfield, City of; Mayor and Aldermen
election .......
24, 135, 137, 166, 500
HR 902 --Statesboro, City of; High School "Blue Devils";
commend ____------.___._...__--._....., __...._....._._.--.3213
HB 1568 --Statesboro, City of; Mayor and Councilmen; qualify
for elections -._______._------------.1972, 2079, 2235, 2255, 2998
HB 1487 --Swainsboro, City of; corporate limits; municipal
elections ._..------.----------,,...___ 1658, 1794, 1988, 2114, 2995
3840
INDEX
HR 671-1446--Sylvania-Screven Airport Authority; tax levy;
amendment to the Constitution ........_......... 1434, 1514, 1800,
1824,2564
HB 1446 --Sylvania, City of; Sylvania-Screven Airport
Authority; create .____.___.____ .........1434, 1514, 1518, 1686, 2358
HB 1004 --Thomaston, City of; ad valorem taxes;
levy ___-___-.-_..__.-___ ................__...__..........321, 387, 471, 512, 885
HR 459-1013--Thomaston, City of; Board of Tax Assessors; consolidate
with Upson County; amendment to the
Constitution ........._..._.__.._................... 324, 388, 472, 526, 887
HB 1006 --Thomaston, City of; extend corporate
limits __......-___..___.____..__..__.-._._..__-._..-___..322, 387, 471, 512, 885
HB 1003 --Thomaston, City of; Thomaston-Upson County Office
Building Authority; members ............321, 386, 471, 512, 885
HB 1145 --Thomasville, City of; Board of Education;
vacancies .__,____..__...___._._.._._.____...__.___.__..594, 661, 667, 749, 1170
HB 1047 --Tifton, City of; Chairman and City Commissioners;
salaries .
377, 462, 471, 514, 885
HB 1046 --Tifton, City of; City Commissioners;
residents ...............................................ST?, 462, 471, 514, 885
HB 1045 --Tifton, City of; Police Court; certain
provisions ,....,, 376, 462, 471, 513, 1104
HB 964 --Trenton, City of; eminent domain _.......284, 329, 338, 396, 737
HB 1275 --Trenton, City of; Mayor, Councilmen and Recorder;
compensation ___.___..._._._..___.___.._..._._._.931, 982, 989, 1111, 1525
HB 1269 --Tunnell Hill, Town of; city ordinance fine;
increase ...._.......-......_.-_..__......-........930, 981, 989, 1110, 1525
HB 1488 --Twin City, City of; Municipal elections; registration
of voters .__...__............._.............._.1658, 1794, 1988, 2123, 2995
SB 379 --Union City, City of; incorporate
- 2242, 2245, 2349
HR 682-1473--Valdosta, City of; governing authority; merge with
Lowndes County; amendment to the
Constitution ...
1654, 1791, 1799, 2002, 2849
HB 371 --Valdosta, City of; Judge and Solicitor; method
of selecting ____,,_.__.._______.--..-___--_--_------__ (No action in 1968)
HB 1268 --Varnell, City of; charter ....... 930, 981, 1100, 1172, 2849, 2924
HB 1518 --Vidalia, City of; new charter; create ..._.._.....1784, 1980, 1988,
2097,2899,3051
HB 1639 --Warner Robins, City of; Mayor and Councilmen;
compensation .__._............._..._.._.-..2344, 2353, 2557, 2595, 3402
HR 739-1616--Warren, City of; Industrial Development Authority;
create; amendment to the
Constitution ...._...__...__.... 2076, 2232, 2236, 2435, 3314, 3346
HR 727-1560--Waverly Hall, Town of; create Development Authority;
amendment to the Constitution _...._....1970, 2078, 2089, 2279,
2851,2936
HB 1651 --Waverly Hall, Town of; Mayor and Council; term
of office ................-.2589, 2696, 2702, 2861, 3419
HR 730-1585--Waycross, City of; consolidation with Ware County;
amendment to the Constitution .__......_..._......1975, 2082, 2235,
2282, 2850
INDEX
3841
HB 847 --Waynesboro, City of; Judge and Solicitors salary .......--------..... ... 21, 133, 137, 165, 500
HB 1434 --West Point, city of; sale of certain property _.._..-.--._...___.._--_..._.__.1431, 1511, 1518, 1683, 2561
HB 1368 --Whitesburg, Town of; Mayor and council; election date __.----------....--_._--_----...1220, 1313, 1988, 2091, 2845
HR 619-1345--Woodbine, City of; Development Authority; create; amendment to the Constitution --------------1155, 1224, 1227, 1322, 2244
HR 545-1196--Woodland, City of; create Development Authority; amendment to the Constitution..----..----657, 732, 735, 851, 1669,1856
HB 1194 --Woodland, City of; election date; change ______________...--._....._----_______..657, 732, 735, 836, 1236
HB 1201 --Wrightsville, City of; Mayor's court recorder; appointment ....... ......--.725, 826, 830, 890, 1237
MUNICIPALITIES (See Named Subject)
HB 258 --Allow to adopt 1% sales tax _......_.............. (No action in 1968)
HR 625-1354--Annexation of contiguous areas; referendum; amendment
to the Constitution .................................. 1093, 1163
SB 272 --Annexation by petition; change
percentages _----__._._.......944, 949, 984, 1800, 1995, 2236, 3177
HB 1238 --Audits; rules and regulations ......875, 935, 1319, 1575, 3410
SR 184 --Bonds; issuance without referendum, certain
conditions _._......_.........._._..1804, 1809, 1986, 2353, 2445, 3002
HR 862 --City and County governments; merging of; create
study committee ....... ..... .................. 2921, 2990, 3189
SB 151 --Election primaries ______--_...,,--._.._,,_.----...669, 1116, 1872, 3406
HB 1172 --Elections; public notices outside all polling
places
.... -,,-..- ...,,._... 651, 728, 2237
HB 1240 --Employees; prohibit strikes ....___......_.._.......__...._.876, 936, 1292
HB 1041 --Excise tax; amusements; accommodations rented to
transients ..------__--------______._--____--.._..----.--376, 461, 1521
HB 862 --Grants; disbursement on quarterly basis ___.....__._. 24, 136, 736,
1273, 1360, 2207, 3273, 3318, 3342, 3347, 3366, 3375^ 3433
HR 804 --Grants; study committee to study merit of basing
distribution; create .__._..__.__..----_----.....--------.2466
HB 119 --Highway contracts; negotiation ___--____._____--__----____----1445
HR 491-1063--Homestead exemption; ad valorem tax; amendment to
the Constitution .......
....... 381, 465, 1521
HR 399-912 --Industrial Development Authorities; creation; amendment
to the Constitution __----.______.--_____156, 193, 832, 2981, 3420
HB 970 --Joint Municipal Employees' Retirement System;
vested rights ...._...............................285, 330, 338, 1293, 3164
HB 1533 --Minimum grants', provide, certain
municipalities _._..........._...__._._......1787, 1983, 2236, 2798, 3415
HB 1179 --Motor Fuel Tax Law; refunds ........ ..........653, 729, 1521
3842
INDEX
HB 1420 --Planning Commissions; establish planning department '____----_.-_----.-1311, 1443, 1448, 2817, 3413
HB 1277 --Planning Commissions; rezoned property; publication and hearings _------__----------..----932, 982, 1320, 1576, 3411
HB 1185 --Occupational or professional tax; certain professions ----___----_----__----.--_--------------..655, 731, 1321
HB 252 --Planning Commission; powers in unincorporated territory _--_------___--_----__----._----____(No action in 1968)
HB 1217 --Planning commissions; remove certain restrictions ............... 822, 880, 940, 2473, 3410
HB 1071 --Public transit facilities; exempt sales tax __----_ -_-__----_-_----.-..383, 467, 1521, 2062, 2191, 3234
HB 996 --Publication statements of financial condition; deadline ----_--------_------_--._----_--291, 335, 338, 811, 1322
HB 1322 . --State Highway Department; grants ..._.._..._.._...__.._...1091, 1161 HR 295-835 --Slum clearance; revenue bonds .._------._----....859, 1227, 1327 HB 1087 --Voting; eligibility ___--------.----..--456, 495, 736, 1293, 2566
MUSCOGEE COUNTY
HR 487-1050--Airport Commission; create; amendment to the Constitution __.._.----_----_.-_----378, 463, 472, 556, 1669, 1853
HR 544-1191--Charter commission to study consolidation with City of Columbus; amendment to the Constitution ------_-____-_------...656, 732, 735, 845, 1323
HR 488-1050--Garbage disposal; system; amendment to the Constitution ----__------__----_.----___----380, 463, 472, 562, 887
HR 623-1354--Ordinances for policing public property and airport; amendment to the Constitution ._.._....._.._..1158, 1226, 1227, 1344,2243
HB 1040 --Tax payment; late penalty .------..----.375, 461, 471, 513, 885
MUTIMER, HONORABLE GEORGE C. HR 566 --Express sympathy for passing of ------.----------------767
Me
MCCARTHY, MR. j. p.
HR 850 --Expressing appreciation __.._..._..._.....__--..........
_. ... _. 2913
McCLURKIN, L. C. HR 517 --Commend __....__._--------_-___--.----------------..........428
INDEX
3843
McCORKLE, MRS. ZACK HR 741 --Commend _-_._._._..,,_..__._.._...____..__._..____......_...._..__-.,,_...__....._.______.2152
McDONOUGH, CITY OP HB 1497 --Recreational facilities .__.._..._....._. 1780, 1977, 1988, 2093, 3162
McGAHEE, R. M. HR 481-1037--Compensate _._ __...__.._...._..._.._..-._...___.____.___.. 375, 460, 1798, 2025
McGEE, S. RUSSELL, III SR 151 --Express sympathy for passing of ......__.........__...__.--___165, 170
McGOWAN, REV. CHARLES E. --Prayer offered by _____._.___...____._______._..____..___.._____..____..._.__..___.._1427
McINTOSH, CITY OF
HR 723-1549--Industrial Development Authority; create; amendment to the Constitution ......1968, 2077, 2235, 2266, 3314, 3345
McINTOSH COUNTY
HB 1175 HR 1345
--Ordinary's compensation _....__........_...._.6B2, 728, 735, 833, 1236 --Sheriff's expense allowance ........1155, 1223, 1227, 1325, 1808
McRAE, CITY OF
HB 1250 HB 1320
--Corporate limits __...._.....__....__......_...._.__.927, 978, 988, 1106, 1672 --Election laws .........__......_....._._..__..__1091, 1161, 1227, 1232, 1807
N
NAME CHANGE
HB 883
--Clerk of court to issue a certificate of the change ............... 130, 163, 299, 368, 1234
3844 NARCOTICS
HB 1328
INDEX
--Uniform Narcotic Drug Act; penalties
for violations
..... ..... 1092, 1162, 1664
NASHVILLE, CITY OF SB 400 --Corporate limits _,,_.__,,_____..__..______. 2613, 2621, 2698, 3112, 3115
NATIONAL CONFERENCE OF STATE LEGISLATIVE LEADERS HR 887 --Request Speaker to send representative --....._.-__.__._____3202
NATIONAL NEGRO HISTORY WEEK HR 630 --Designate week of February 11-17 ___._.____--_-._._.__-._.______1247
NATIONAL ORDER OF WOMEN LEGISLATORS HR 888 --Request Speaker to send representative _.. ..--_....--_...,,.... 3202
NATURAL AREAS
HB 1248
--State Council for the Preservation of Natural Areas; create -..-.--. 927, 978, 1520
NATURAL RESOURCES --Interim Study Report ...--.-- ..,,...._ 3531
NEWNAN, CITY OF
HR 557-1216--Independent school system; merge with Coweta County system; amendment to the Constitution ....821, 880, 941, 1007, 1670, 1857
NEWSPAPERS
HB 888 HB 1122
--County official organs; annual certification certifying requirements __.._._________.._____ 148, 188
--Legal advertisements; change rates allowed publishers ___.__..___.___.______.590, 658, 1520, 2517, 2999
INDEX
3845
NEWTON, HONORABLE ALBERT SIDNEY HR 767 --Commend ..--..-----.----.-.-,--.--.-..-- .-----.-.2174
NEWTON, HONORABLE AND MRS. A. SID HR 808 --Congratulate .-------
- ------2632
NEWTON COUNTY
SR 263 HB 1365
--High School Basketball Team; commend _----__.--2618, 2771 --Sheriff's salary __.._..._._...___....._ -- 1219, 1313, 1320, 1453, 2561
NICHOLLS, CITY OF
HB 1464
--Mayor and Aldermen; compensation .................. __....... 1508, 1661, 1665, 1813, 2562
NICHOLS, TOWN OF
HB 1381
--Treasurer file statement with superior court clerk ._._......_..... 1303, 1437, 1447, 1546, 2239
NON-RESIDENT
HB 1165 SB 393
--Court's jurisdiction ........
-- .---- . 650, 726, 1320
--Personal jurisdiction; torts ...._....._...... 2566, 2567, 2591, 2842,
3149, 3430
NON-RESIDENT MOTORIST'S ACT
HB 126
--Service of process; method of determining --.-.--.----------------(No action in 1968)
NORMAN, REV. HOWARD --Prayer offered by .._.._.._...._..._...__.._...,,...._.._..._.........__......_...__.__183
NORTH GEORGIA MOUNTAINS AUTHORITY SB 409 --Members'terms of office-.-2619, 2623, 2699, 2844, 3138, 3429
NORTH GEORGIA MOUNTAINS COMMISSION SB 408 --Create ..--.-....--.-...-.-.--.-2619, 2623, 2699, 2844, 3137, 3429
3846
INDEX
NORTH HIGH SHOALS, TOWN OF HB 1295 --Corporate limits - - . . 974, 1094, 1100, 1173, 1674
NUCLEAR COMPACT
HB 1233
--Southern Interstate Nuclear Compact;
appropriations . ,, . .
824, 882, 1798, 2781, 3410
NUNN, HONORABLE SAM, JR. HR 898 --Commend -.----- ..............._..._.._...._.......__..,...__..._-._.__._...-...3209
NURSERIES SB 343
--Ornamental shrubbery; rights of enterprise; State competition ...,,.,,. 1168, 1241, 1317
NURSING HOMES
HB 1492 --Georgia State Board of Nursing Homes; create -.----..-1779, 1977, 2088, 2508, 3279, 3310
HR 438-952 --Vendor contributions; increase for blind, disabled and old-age benefit recipients -.......--------------..217, 295, 298, 370, 738
o
OBSCENE LITERATURE
HB 1247 HB 703 HB 1311
--State Literature Commission; change
definition for obscene literature -- -- ---- -- 878, 937
--State Literature Commission; determination
of guilt --,,---.------.----.-------.--197, 310, 886
--Unlawful to sell to any person
under 18 years of age
. -- . 1089, 1159, 1517, 2955
OCCUPATIONAL TAX
HB 1185 HB 599 SB 134
--Certain professions ----------.--.-------655, 731, 1321 --Equalize --..---- ...----.----.--(No action in 1968) --Federal Wagering Occupational Tax Stamp
Act; amend ------.._----------------.(No action in 1968)
INDEX
3847
OCEAN SCIENCE CENTER OF THE ATLANTIC AUTHORITY HB 597 --Create .-------_._----_----_-_----.........-- (No action in 1968)
OCEAN SCIENCE CENTER OF THE ATLANTIC COMMISSION SB 212 --Create, in executive branch of government ....1102, 1104, 1163
OCEANOGRAPHIC STUDY --Interim Study Report __--..........__.._........ 3534
OCMULGEE JUDICIAL CIRCUIT HB 1422 --Add one Judge ----------1311, 1444, 1517, 2031, 3349, 3356
OFFICIAL ORGANS
HB 888
--Counties; annual certification certifying requirements __----------__--.--,,--------_ 148, 188
OGEECHEE JUDICIAL CIRCUIT HB 1569 --Superior Court terms ------_...... 1972, 2079, 2089, 2255, 2998
OKEFENOKEE PARKWAY
HR 784-556 --Designate ------._.._------------.----.------ (No action in 1968) HR 525-1114--Georgia State Routes 40 and 23 and 121
from Interstate 95; designate --.---...493, 601, 2352, 2479, 3366, 3368
OPEN MEETINGS
SB 143
--Meetings must be open to public if public funds used ._..._.----.-.....------(No action in 1968)
ORDINARIES
HB 272 HB 1405
HB 416 HB 1035
--Fees allowed, certain services _--....__.._ (No action in 1968) --Insane persons; ordinances authorized
to act as legal custodians .._. ....1307, 1441, 1448, 2220, 3413 --Private ways; power to grant ___------__(No action in 1968) --Retirement Fund; benefits for
Secretary-Treasurer ... 328, 392, 990, 1496, 1739, 3034, 3064
3848
INDEX
ORTHOTISTS AND PROSTHETISTS PRACTICE ACT HB 216 --Create -.-- .--........................... -.,,-.... 2841
OUTBOARD MOTORS
HB 997
--Certificate of title; State Game and Fish Commission ....... 291, 335, 470
P
PAGE STAFF HR 865 --Members of; expressing appreciation _____ __ . ._ ......._.... 3043
PAROLES
HB 916 --Death sentence commuted to life imprisonment; not eligible for parole before serving 15 years ...- ___________ 158, 194, 299, 454, 582
HR 411-917 --Death sentence commuted to life imprisonment not eligible for parole before serving 15 years; amendment to the Constitution ___.__._..__.__.__..__.____..__..__.- 158, 195, 299, 450
PARDONS AND PAROLES
HB 1234 --State Board of; Board members'
written opinions ......_._..........._....... ....... .. ..--...----.824, 882
HR 383-867 --State Board of; Claxton, J. W.;
impeachment charges .__._..__.._127, 161, 609, 760, 3434, 3437
HR 716-1518--State Board of; Committee to nominate
3 nominees to fill vacancies; create
amendment to the Constitution _____ ..1784, 1981, 2089, 2457
SB 201 --State Board of; licensed attorneys
only may appear before for
for remuneration ....
339, 473, 498, 830, 3279, 3428
SB 202 --State Board of; place under Georgia
Administrative Procedure Act for
rule making purposes _ .._...... ..... 200, 258, 297, 1101, 3220
SB 200 --State Board of; public hearings ..
... 339, 473, 498, 830
HB 1235 --State Board of; rule-making authority;
promulgate rules _...__..___.__.____.._._____...__..._ 824, 883, 1099, 1951
PARDONS AND PAROLES, STATE BOARD OF
HR 794
--Constitutional Commission; investigation of appointments .____._ .....
.___.____ 2456, 2616
INDEX
3849
HR 382-867 --Garrett, Mrs. Rebecca L.; impeachment charegs _-...._-....-__..-_..-__-.-___..._-..--_-127, 161, 502, 3435, 3442
HR 797 --Study committee ....... -- --.. 2459, 2704, 2755
PARI-MUTUEL BETTING
HR 337
--Interim Study Report . .. . ..__-..__.--.___-..--_..._.3538 --Study committee .__....._...___._.___...__...____._____...__(No action in 1968)
PARKER, HONORABLE H. WALSTEIN HR 789 --Commend . . . ......_............._.........-- .--.._.-. 2452
PARKS HR 582
--State Department of Parks; safety programs and standards; adopt ........782, 1228, 1245, 1805
PARKS, BILLY W. HR 595-1243--Compensate .......... ........._.....-_......._._.. 877, 937, 1798, 2029, 3424
PARKS, STATE
HR 37-106 --Black Rock Mountain State Park; persons entitled to obtain water ._.._.._. (No action in 1968)
HR 252-783 --Horseback riding facilities; create committtee to study desirability ........... (No action in 1988)
PARRISH, HONORABLE JUNE J. HR 830 --Commend ....__.._..._..__...._......_.._........_............_..........._._.. ...........2769
PAULDING COUNTY
HR 1210
HB 1473 HB 1211
--Board of Education members' elections __ .........._.........._..._...._.._.......__. 820, 879, 940, 946, 1237
--Sewerage system maintenance ... 1653, 1791, 1799, 1997, 2846 --Sheriff's deputies; increase
number _...._..__..._......._.._._..__._...._..._.._._ 820, 879, 940, 946, 1237
PAYNE, CHARLES HR 849 --Commend .............._.__.._._...-_...._..._......-....__.-._.._....._..-_...__..._.._..2912
3850
INDEX
PEACE OFFICERS
HB 1635 HB 886
HB 944 HB 912
--Board of Examiners; create ..................................... 234:S, 2556 --Georiga State Patrol, Georgia Bureau
of Investigation; court fees ...........131, 164, 830, 909, 3408 --High speed chases; unlawful .,,.............__..........._. 214, 293, 508 --Unlawful to physically abuse or injure
any person when unnecessary ._..__......_____------_________155, 192
PEACE OFFICERS' ANNUITY AND BENEFIT FUND
HB 1017 HB 950
--Member after 10 years shall not be dropped .___..............------------------------------.... 324, 389
--Rights and benefits .._.----215, 294, 606, 704, 943, 2512, 3408
PEACH COUNTY
HB 1444
HB 1443 HB 1442
HB 1441
--Board of Commissioners of Roads and Revenues; terms of office ........1434, 1514, 1518, 1686, 2615
--Ordinary's salary ._.1434, 1514, 1518, 1685, 2614 --Superior Court Clerk's salary
and personnel ....__._----.....------_ 1433, 1514, 1518, 1685, 2614 --Tax Commissioner's salary and
personnel .........._.........._.....__.__..._. 1433, 1513, 1518, 1685, 2614
PEACOCK, HONORABLE ROBERT CARROLL HR 643 --Commend ...--------------------..------ _. --1261
PEANUTS
HR 666-1435--Tax exemption; amendment to the Constitution ..........--_...._..--....._...__.----....... 1432, 1512, 1516
PECANS
HR 666-1435--Tax exemption; amendment to the Constitution _------.__. ......__.... .------------.....1432, 1512, 1516
PECAN PROCESSORS AND WHOLESALERS HB 431 --License ....------__.......--__.._......__._.___.........___.(No action in 1968)
PENAL INSTITUTIONS --Interim Study Report ----------------------------------.3545
INDEX
3851
PENAL AND REHABILITATION ACT, STATE HB 1374 --Bond limitation ________ .___...___..__ ____...___1221, 1314, 1801, 2783
PEPPER, DOCTOR HENRY C. HR 844 --Expressing appreciation _.__.-.._...._-..._..__-._.--_ 2909
PERSONNEL BOARD, STATE HB 456 --Merit System; salary adjustments ....--_(No action in 1968)
PHILLIPS, JAMES E., JR. HR 621-1348--Compensate .. .
........ 1156, 1225
PHOENIX AIR CONDITIONING HR 456-1013--Compensate .-.-..... ___........... 323, 388, 2233, 2300, 3422
PHONOGRAPH RECORDS
HR 835 HB 867
--Create committee to study effect on juveniles .._._,,...--__.. 2742 --Restrict sales ..___._.____...._____.._..._...___.._..___.__...___....___ 127, 161, 338
PICKENS COUNTY
HR 718-1522--Clerk of Superior Court; State Librarian to furnish certain law books ....... 1785, 1981, 2844
PIEDMONT JUDICIAL CIRCUIT
SB 420 HB 1258
--Solicitor-General; compensation ... 2899, 2903, 2988, 3112, 3116 --Superior Court terms ........_.__._ 929, 979, 1988, 2091
PIERCE COUNTY
HB 1372
HB 1410 HB 1369
--Board of Commissioners of Roads and Revenues; chairman's compensation ............___............_.. 1220, 1314, 1448, 1454, 2357
--Board of Education; members' election _ __.__.____.__._._...__...___...__...1308, 1441, 1447, 1552, 2561
--Deputy Sheriffs' salaries ._.._.-__._1220, 1313, 1447, 1453, 2356
3852
INDEX
PIKE COUNTY
HR 811 HB 1151
--1967-68 High School Boys' Basketball Team; commend ______________--------------_______.....--------2634
--Superior Court terms ------..-------.595, 662, 735, 751, 1671
PISTOLS (See Weapons)
SB 51 HB 865
HB 856
SB 50 HB 866 HB 857
--Bond to carry; raise fee .--------------(No action in 1968) --Felony; unlawful to possess during
attempt to commit ----...----.-25, 136, 606, 804, 2706, 2735 --Identification of persons qualified to
acquire or possess ----__------.------.--------.24, 135, 736 --License fee ._--.--.------..--_--------------(No action in 1968) --Riots; unlawful possession --------_--------_----.25, 136, 1100 --Unlawful sale and possession; define offense ------..24, 135
PITTS, GLAWER HR 549-1200--Compensate ._..___.--------------------.724, 826, 2234, 2303, 3424
PLANNING COMMISSIONS
HB 252
HB 1420 HB 1217 HB 1277
HB 1447
--Counties, municipalities; powers in unincorporated territory--------------(No action in 1968)
--Planning department; establish ..1311, 1443, 1448, 2817, 3413 --Remove certain restrictions ....----822, 880, 940, 2473, 3410 --Rezoned property; publication
and hearings -.--------------------932, 982, 1320, 1576, 3411 --Sales tax; exempt ----------------------------1434, 1514, 1840
PLANNING AND PROGRAMMING BUREAU, STATE SB 419 --Powers, duties and responsibilities --------.2902, 2904, 2989
PLUMBING HB 1166
--Contractors; performance bonds .--------------------...-650, 727
PLUMBING CONTRACTORS HB 557 --State Board of Examiners; create ----1098, 1473, 3001, 3092
PODIATRISTS
HB 408 HB 803
--Add to coverage of non-profit medical service corporations ------_--------_(No action in 1968)
--Insurance premiums; discriminations by counties and municipalities --_.--__(No action in 1968)
POLICE SR 77 HB 402 HB 944 HB 512
HB 44 HB 912
INDEX
3853
--Assistance to children in case of disability or death ..______________________740, 742, 828, 990, 3285
--Georiga Police Academy Board; abolish.__.(No action in 1968) --High speed chases; unlawful ......._....._.__.__........_.214, 293, 508 --Idemnification of private citiezns for
personal injury or death while assisting in crime prevention -_____.-__..__--____________ (No action in 1968) --Immunity from civil liability for rendering assistance _______-----.--.--,,.-__-..___.._...._..._-_...,,.. 471 --Unlawful to physically abuse or injure any person when unnecessary ._..-_...._.._.__165, 192
POLITICAL CONVENTIONS
HB 1178
--Regulations governing conduct._-_~_.___.~-652, 729, 736, 1470, 3039, 3084
POLK COUNTY
HR 1571
HB 1573 HB 1572 HR 470 HB 1574
--Board of Commissioners of Roads and Revenues; conduct annual audit ____._.__..__.__.__...__.____________..1972, 2080, 2352, 2568, 3162
--Commissioner of Roads and Revenues; employees' compensation __.______.1973, 2080, 2352, 2572, 3162
--Sheriff's salary ________________.__.__________________._________1973, 2080
--Sportman's Club; commend .._.,,-._._.,,...,,...___,,...._,,..,,__.306 --Uniform Central Accounting and
Bookkeeping System; adopt .__.1973, 2080, 2352, 2572, 3162
POLYGRAPH EXAMINERS
SB 323
--Board of Polygraph Examiners; create _____-____.._____.__._______._____.1168, 1240, 1316, 2701, 2962
POLLUTION HR 861
--Recreational Waters Pollution Study Committee; create ._.._.--..,,._..._._._,,_..._.._.._..___...._.._._2921
POPE, MRS. EURA MAE HR 480-1037--Compensate _..___.__.._...-......___._.374, 460, 2233, 2301, 3423
3854
INDEX
POPE, MRS. HERSHEL V. HR 448-973 --Compensate _.__----.----------------286, 331, 2233, 2300, 3421
POPE, SUPERIOR COURT JUDGE AND MRS. MARION T., JR. HR 755 --Congratulate _---___---__.___.--,,---___.-._-_--_.--------2164
PORNAGRAPHY
HB 1311
--Visual or vocal representations; unlawful to sell to any person under 18 years of age ----------------------1089, 1159, 1517, 2955
POSS, S. J. HR 416
--Express sympathy for passing of ____._----___-----__167
POSS, SUMMIE J. HR 477 --Express sympathy for passing of----.------____.~__-----309
POSTMASTER GENERAL, UNITED STATES
HR 442
--Stamp commemorating historic carving at Stone Mountain; request to issue __-______260, 500
POST MORTEM EXAMINATION ACT, GEORGIA
HB 1068
--Medical examiners; fees for certain services ----____------_--.----.382, 466, 1664, 2044
POTTS, MRS. BUNA REEVES HR 813 --Express sympathy for passing of _________.._------2635
POWELL, CONGRESSMEN-ELECT ADAM CLAYTON HR 232 --Request Congress to unseat ------__--_--_ (No action in 1968)
POWELL, REV. WILLIAM 0. --Prayer offered by ------------------.--.------__------------723
INDEX
3855
PRACTICE AND PROCEDURE
HB 1044
HB 1115 HB 1230 HB 1144 HB 891 HB 153 HB 38 HB 1280 HB 5 HB 1132 HB 624 HB 1658 HB 1107 SB 324
HB 1116 HB 432
--Appellate Practice Act of 1965; re-enact ....__...........__.....376, 461, 666, 1489, 3375, 3383, 3392, 3394, 3432
--Capital offense; accused may enter a demand for a trial at any time __.._--.._..493, 602, 1990
--Civil Practice Act; amend; service of publication... 875, 935,1099,1493, 3384, 3391, 3432
--Collection of Debts; prohibit use of simulated court process _........,,_._.._._..--______ 594, 661, 830
--Court clerks; service by publication ....--_... 149, 189, 299, 346, 3039, 3091
--Court costs; payment of jurors included in bill of costs ............__.........____......__..990
--Criminal cases; instructions to jury .........._.........,..._..___....______(No action in 1968)
--Criminal cases; jury must return verdict of guilty or not guilty .. ..__.--_-.__.___.932, 982, 1517
--Criminal Code of Georgia; revise ..18, 27, 146, 171, 3169, 3293 --Death of a husband intestate;
wife's application for dower ..._592, 659, 830, 919,1803, 1859 --Habeas corpus cases; transcripts
of proceedings _.___.-...-.__-------.---.-- .--_-----......_......199 --Indictments and accusations for any
criminal offense; regulations ...........-....._..._.--..-.,...2838, 2987 --Indictments; foreman of grand jury
shall sign to have legal effect -- .___..________--_...--492, 600 --Superior Courts; alternate jurors
may be substituted for original jurors ._-___.--.....2618, 2622, 2699, 2703, 2953, 3405 --Trials; accused may enter a demand for a trial at any time __......_.-----.--.---_.-..__._.__493, 602, 1990 --Unliquidated damages; interest .....___..197, 641, 3384, 3387
PRE-SCHOOL CHILDREN
HR 837
--Committee on Care and Training of Pre-School Children; recreate .____..____..._..._.2744
PREFABRICATED HOMES HB 1479 --Standards of construction .........1656, 1793, 1800, 2487, 3166
PRISON INDUSTRIES ADMINISTRATION, GEORGIA HB 1121 --Create .................................._.............._...._.....494, 603, 1101, 2207
3856
INDEX
PRISONS AND PRISONERS
HB 742 --Confinement and rehabilitation of prisoners; new methods ___._____.2851, 2945, 3168, 3254, 3365, 3373, 3432
HR 413-923 --Death sentence; abolish; amendment to the Constitution ..-----.------160, 196, 471, 1963, 1964
HB 916 --Death sentence commuted to life imprisonment; not eligible for parole before serving 15 years ---_--.--.158, 194, 299, 454, 582
HR 411-917 --Death sentence commuted to life imprisonment; not eligible for parole before serving 15 years; amendment to the Constitution ... -.,,---------.-158, 195, 299, 450
HB 917 --Death sentence; jury's recommendation --.158, 194, 299, 586 HB 1655 --Federal prisoners; jurisdiction ..--._._ 2589, 2697, 2704, 2891 HB 1121 --Georgia Prison Industries
Administration; create .........--..------494, 603, 1101, 2207 HB 743 --Georgia Prison Industries Act; compensation of certain
inmates ------ ... 201, 201, 3168, 3254, 3365, 3373, 3432 HB 748 --Guards, wardens and deputy wardens;
additional powers of arrest _.--..___-(No action in 1968) SB 294 --Hospital patients; continuance of care and
treatment when terms has expired _..._ 944, 950, 984, 1101 HB 260 --Inmates allowed to enter into
certain contracts _..___-- ---------- -- (No action in 1968) HB 1119 --Inmates; authority to hire out to
Federal Government agencies ---- --494, 602, 1101, 2045 HB 1118 --Inmates; sale of certain
goods .------------._----------494, 602, 1801, 2045, 3349, 3363 SB 369 --Prison-made products; submit list to
Supervisor of Purchases ....... 1670, 1677, 1796, 2844, 3277, 3282, 3282
HB 1237 --State Board of Corrections define "detainer" ....................__...........825, 883, 1099, 1950, 3166
HB 1117 --State Board of Corrections; penal rehabilitation programs; federal grants --,.---....-.493, 602
HB 1234 --State Board of Pardons and Paroles; Board members' written opinions; clarify certain requirements ----------------------824, 882
SB 200 --State Board of Pardons and Paroles; public hearings _ --_ _------.------339, 473, 498, 830
SB 201 --State Board of Pardons and Paroles; licensed attorneys only may appear before for remuneration ,,.__....._......_ 339, 473, 498, 830, 3279, 3428
HB 1235 --State Board of Pardons and Paroles; rule-making authority; promulgate rules --------.----------.-824, 883, 1099, 1951
HB 1374 --State Penal and Rehabilitation Authority Act; bond limitation ----------------1221, 1314, 1801, 2783
HB 1593
INDEX
3857
--Wardens, guards and custodial officers; oath of office _______..____________.__-.2071, 2227, 2237, 2782, 3416
PRIVATE WAYS HB 416 --Ordinaries; power to grant ___________ (No action in 1968)
PROFESSIONAL TAX HB 1185 --Certain Professions .. ...___.._..._--.__-________._--.655, 731, 1321
PROPERTIES CONTROL COMMISSION, STATE
HR 267-829 --Negotiate for the cancellation of Leases on the property owned by state at Peachtree and Cain Streets _____________________________(No action in 1968)
SR 245 --State Department of Public Health; transfer of certain property _-_____.2707, 2709, 2840, 2841, 3312, 3371
HB 879 --State owned real property; inventorying _._..____.___...._.._.___....._-... 129, 163, 171
HB 878 --State Properties Control Code; authorization to sell as well as lease certain State property ________________________ ______._.__._-.___129, 163, 943
HR 387-884 --Western and Atlantic Railroad; accept bid of Louisville and Nashville Railroad Company ______..____________.______._._._._131, 164, 1165, 1376, 2085
HR 737-1616--Western and Atlantic Railroad; amend present lease ___.___..__._ 2075, 2231, 2237, 2516, 3404
HB 382 --Western and Atlantic Railroad; lease ___,,_____________________________....___..._._.._(No action in 1968)
HR 673-1450--Western and Atlantic Railroad lease; jurisdiction __.____________________.__.1435, 1515, 1801, 2549, 3403
HR 495-1071--Western and Atlantic Railroad; withhold lease until "General" Locomotive has been returned to Georgia ........__._.__....___..__....__._.___............_.____ 383, 467, 1165
PROPERTY HB 301 SB 57 HB 67 HB 889
--Deed of conveyance to lands; require inclusion of address of maker _________________..._.. (No action in 1968)
--Dispossessory warrants; relating to property removed ________________________739, 741, 827, 1227, 1233
--Intangible personal; tax levies upon accounts receivable _._.___----_______--_____--_-_..______ (No action in 1968)
--Liens, mortgages, deeds; Superior Court Clerks' fees for recording ________.__.-___149, 188, 299, 1203, 1244
3858
INDEX
HB 928 --Personal; lien foreclosure ..........................184, 219, 338, 790 HB 921 --Personal; rental or lease
agreements ----__.......--...__--~159, 195, 393, 810, 3000, 3054 HR 168-510 --Public improvement projects; compensation of
holders if interest decline in value; amendment to the Constitution ___._._______..___________,,________(No action in 1968) HB 1197 --Real estate tax; exempt certain instruments _-..... 657, 733, 1321, 2304, 2468, 2664, 3395, 3396 HB 826 --State; authorization to declare surplus .--,,-.--.....--__.--.943 HB 1498 --Surplus State; procedure for disposal _._.___......__.__..__...__.1780, 1978, 2354, 2667, 3395, 3401 HB 22 --Tangible personal; criminal sanctions for larceny if rented or leased __.__.--.____--.--.._______.-...__--.......989 HB 1596 --Tax assessment; owner may challenge assessment value by county tax assessor _...._--__._--.--....._... 2072, 2228 HB 1607 --Tax classification; grant or conveyance by any city or county ......_......................._.........2074, 2230, 2595 HB 1303 --Tax on Transfer of Real Property Act; exempt certain instruments ............_....._..._..............._..._.._...._976, 1097 HB 406 --Taxation; determination of value by State Revenue Department ....._..--................. (No action in 1968) HB 910 --Taxation; "fair market value" ........155, 192, 2238, 2793, 3164 HB 439 --Taxation; Fair Market Value; method of assessment --._._.--.....--._....(No action in 1968) HB 686 --Taxation; potential or speculative value may not be used on returns .--._..-........-..--..._____(No action in 1968) HB 592 --Taxation; valuation shall not be increased _,,......._.._.._._.....................--..... (No action in 1968)
PROPERTY EVALUATION SUB-COMMITTEE --Interim Study Report ......_.----.....,,....--.....,,_._..-._...._......--.3474
PROSTHETISTS
HB 216
--Orthotists and Prosthetists Practice Act; create ....... ..............___.,,..........,,......_.........._..__.,,.... 2841
PSYCHODRAMA
SB 174
--Georgia Psychodrama Practice Act; create ...........-_.._-_-_..1026, 1104, 1163, 2701
PUBLIC ASSISTANCE ACT OF 1965, GEORGIA
HB 1156 HB 620
--Acceptance of payment after certain date shall constitute a debt of the recipient ___.__...._._-_._....._596, 608, 663, 1522, 2330, 3165
--Additional definitions .........--,,.........--...(No action in 1968)
INDEX
3859
PUBLIC BUILDINGS
HB 180 SB 73
--Construction requirements to make accessible to physically handicapped _-.--__--__.--___--.__-_._508, 865
--Handicapped persons; buildings constructed with ramps --_--.,,__.___--____.---_._________--_ (No action in 1968)
PUBLIC CONVEYANCES
HB 1071
--Counties, municipalities; exempt sales tax from monies derived from public transit facilities __-_......._.___....._.___ 383, 467, 1521, 2062, 2191, 3234
PUBLIC DEFENDER, OFFICE OF
HB 130
--Establish for defense of indigents _._._._._...___26, 348, 2851, 2937, 3006, 3106, 3107, 3349, 3432
PUBLIC HEALTH, DEPARTMENT OF
HB 1586 SB 286 SB 287 HB 1026 HR 645
HB 871 HB 1101 HB 1024 SR 245 HR 775
--Acquire suitable sites for storage of radioactive waste _________-__1975, 2082, 2237, 2782, 3416
--Birth certificates; certified copies, governmental agencies ___.__-_-________-670, 670, 733, 987
--Birth certificates; name change; issuanc eof new certificate .__---____.__.___.670, 671, 733, 987
--Clinical laboratory personnel; licenses ___________________________________________________________ 326, 391
--Dr. B. W. Forester, Chairman of Mental Health Committee, State Board of Health; inaugurate program recommended by ---------__--___________-_____--____ 1262
--Immunization of school children ____.___.__________.____..128, 162, 298, 364, 2085, 2647
--Medical or dental health; promote measures for early detection __________.________....______.._490, 599
--Medical laboratory personnel; licensing and regulating ......._._.________._.________.________________326. 390
--State Properties Control Commission; transfer of certain property ............2707, 2709, 2840, 2841, 3312, 3371
--Submit certain information to the General Assembly ________.__._________.__..____.2183. 2352, 2753
PUBLIC HOUSING HR 578 --Study committee; create ___--_--.._--______-_._..___________779
3860
INDEX
PUBLIC LODGINGS
SB 338
--Georgia Health Code; amend ........_..___.......-_....__-.__--...._.__1237, 1241, 1317, 2701
PUBLIC MEETINGS
SB 143
--Meetings must be open to public if public funds used ___________________________.__.--_______....(No action in 1968)
PUBLIC OFFICIALS HR 331 --Interim Committee to study fees ...------(No action in 1968)
PUBLIC SAFETY, DEPARTMENT OF
HB 1545 HB 1634 HB 1367 HB 840 HB 139 HB 1080 SB 259 HB 174 HB 314
HB 1009 HB 308 HB 881
HB 304 HB 882
HB 931 HB 886 HB 843
--Director's salary .__.________..__.._____._.._.___....__.....______....1789, 1985 --Drivers' license; certain information may be
shown on reverse side -----.-------.-..---------...---.-.2343, 2556 --Driver's licenses; classification ._......___....___.1219, 1313, 1519 --Drivers' license; expiration date ___.___.__._--________.20, 132, 1801 --Driver's license; expiration date ___________ (No action in 1968) --Driver's licenses; honorary;
change requirements ___.__._____..___....___..___._._____....385, 469, 829 --Driver's licenses; honorary;
requirements ____.._....................._.884, 888, 939, 1519, 2666 --Drivers' license; prohibit marking in place of
issuing warning tickets --.--.--...___.-- (No action in 1968) --Drivers' license; minors 18 or less must complete
Driver Education Course before obtaining operator's license ___________________________________________________1800 --Drivers' license; reexamination after suspension ___..__.______._____.___-_____.,,.-_____._.____.____._ 322, 387 --Drivers' license; suspension or revocation; notification --.--..----.--.-...-------.--..-- (No action in 1968) --Driver's licenses; suspension, violation point count system ........_____..27, 136, 137, 441, 646, 648, 942, 2825,
3273, 3307 --Drivers' license; suspension or revocation;
proof of required deposit .--....-..____--..___(No action in 1968) --Financial Responsibility Law; proof maintained for
3 year period after reinstatment of driver's license ....______.__________.-.______________.____._.__.___ 27, 136, 137 --Georgia Bureau of Investigation; clothing allowance _..____........___._..____.-......184, 219, 943, 1202 --Georgia State Patrol, Georgia Bureau of Investigation; court fees ________________131, 164, 830, 909, 3408 --Radar; use of ........................_._.......21, 132, 137, 179, 1234, 1841
HB 1245 HB 1050 SB 417 HB 4
INDEX
3861
--Security Guard Division; create .__.___.._..__.-.-.-.............-.._._..877, 937, 1519, 1952, 3411
--State Employees' Retirement System; disability allowance .....____...__....._._377, 462, 943, 2790, 3409
--Traffic laws; Governor's powers _.____-._____-_._..-....___-_.__.-_._.2901, 2903, 2988, 3113, 3289
--Use of radar and timing devices ._-.....,,.._..--....--....._........668
PUBLIC SERVICE COMMISSION (See Named Utility)
HB 282 HB 804 HB 1423
HB 373 HB 1072 HB 1073 HB 1205
--Certificates of public convenience and necessity of radio common carrier corporations,--(No action in 1968)
--Chairman and members' salaries -----(No action in 1968) --Commissioner; tenure salary
increase --... 1311, 1444, 1801, 2332, 2468, 2655, 3226, 3227, 3278, 3284, 3339
--Mobile radio common carriers; rates -.-.-._---,,__...,,...__.___..._-...,,._..(No action in 1968)
--Motor common carriers engaged in interstate commerce; registration -- _-- -- 383, 467, 831, 921, 2086
--Motor carriers engaged in interstate commerce; registration ......_________.._..._....._._383, 468, 831, 923, 2086
--Railroad companies; transporting of employees; safeguards ...-_,,..,,..------___________.........._._.725, 826
PUBLIC UTILITIES
HR 524-1104--Ad valorem tax; examination of property to determine true fair market value -_...___..__.._-.._.___.__-..491, 600, 1099, 2220, 3383, 3386
HR 586 --Amend rules of the House to add a standing committee on Public Utilities and Transportation .-_.__,,_..___..........._.__..._..___.___.__,,___________________ ..785
HB 1511 --Mortgages and security deeds on property ...._.____________1658, 1795, 1799, 2193, 3415
HB 986 --State Highway Department; rules and regulations relating to removal of equipment __------_.----289, 333, 987
HB 1512 --Uniform Commercial Code; secured transactions; telephone service and distribution of electricity ......___.._..._..___...__.___.1659, 1795, 1799, 2193, 3415
PUBLIC UTILITIES AND TRANSPORTATION
HR 230
--Request Speaker to appoint standing committee _...-_--.__--------...._...._._.._...._. (No action in 1968)
3862
INDEX
PUBLICATIONS
HB 50
--Penalty for magazine wholesaler to refuse to sell to retailer because of refusal to purchase other periodicals __------__----_------------------------2851
PULASKI COUNTY
HR 447-973 --Pulaski County-Hawkinsville Development Authority; create amendment to the Constitution ----------.------..----286, 330, 394, 404, 1667
PULPWOOD HB 1159
--Vehicles transporting; chains or cables ----------598, 664, 668, 866, 1668, 1995, 2620, 2649, 3001, 3256
PUTNAM COUNTY
HR 735-1608--Development Authority; create; amendment to the Constitution ------------2073, 2230, 2236, 2424, 3426
QUITMAN COUNTY HR 421-932 --Industrial Development Authority; create; amendment to the Constitution--.----------185, 220, 298, 397, 1668, 1850
R
RABUN COUNTY SB 374 --Board of Commissioners of Roads and Revenues; districts .-..-----2241, 2245, 2348, 2842, 2863, 3038, 3039, 3226, 3227, 3315, 3336, 3337, 3342 HB 1252 --Certain officials; compensation------928, 978, 988, 1107, 1525 HR 546-1200--Judge of the Court of Ordinary; State Librarian to furnish certain law books _____-.._...__...._--724, 825, 990 HR 547-1200--Superior Court Judge; State Librarian to furnish certain law books ...._._..-.._-._...._..-.......--......724, 825, 990
RADAR HB 4 HB 843
INDEX
3863
--Use by Department of Public Safety to enforce traffic regulations ----_.------.___--.------_--------------668
--Use by Department of Public Safety to enforce traffic regulations----------.21, 132, 137, 179, 1234, 1841
RADIATION CONTROL COUNCIL
HB 864
--Membership; one member shall be a veterinarian----.25, 136, 298, 1418, 3166
RADIOACTIVE WASTE
HB 1586
--Department of Public Health; acquire suitable sites for storage ----...._.._.------ 1975, 2082, 2237, 2782, 3416
RAILROADS
HB 979 --Automatic signal devices at crossings; procedure for installation .__.__....--..-------------------- 288, 332, 734, 897
HB 633 --Automatic signalling devices at grade crossings; installation --.----__------_____...------__(No action in 1968)
HB 794 --Crewmen; unlawful to operate certain trains without specified number..._--------------------.--(No action in 1968)
HB 1511 --Mortgages and security deeds on property---------1658, 1795, 1799, 2193, 3415
HB 1205 --Transporting of employees; safeguards....----------.725, 826 HR 387-884 --Western and Atlantic Railroad; accept bid of
Louisville and Nashville Railroad Company ..._.._.----._----_------------131, 164, 1165, 1376, 2085 HR 133-383 --Western and Atlantic Railroad; accept offer of Louisville & Nashvile Railroad Company to lease _(No action in 1968) HR 709-1479--Western and Atlantic; RR approve amendment to lease contract between Western and Atlantic Railroad Commission and City Center, Inc..--------.1656, 1793, 1801,
2543, 3404 HR 673-1450--Western and Atlantic Railroad; lease; jurisdiction;
State Properties Control Commission......--1435, 1515, 1801, 2549, 3403
HR 737-1616--Western and Atlanta Railroad; State Properties Control Commission; amend present lease.._--.2075, 2231, 2237, 2516, 3404
HR 126-313 --Western and Atlantic Railroad; propose lease transaction...--------------------------------(No action in 1968)
HB 382 --Western and Atlantic Railroad; State Properties Control Commission; lease _------------_----_,,_---- (No action in 1968)
3864
INDEX
RAINS, LT. BEN F. HR 885 --Commend .._--_.,,---- --_--_--_,,---..------_-- -------.3201
RAPID TRANSIT
SB 353 SB 111
--Metro Atlanta Rapid Transit Authority; clarify costs-----1675, 1676, 1796, 2702, 2984, 3100, 3104, 3133, 3429
--Metro Atlanta Rapid Transit Authority; publication of activities--------------------------(No action in 1968)
RAVAN, CLYDE
HR 123-311 --Compensate-- --__----..-----.._-_----------(No action in 1968) HR 385-880 --Compensate ._----------------------__----.130, 163, 1798, 2022, 3420
RAYLE, TOWN OP SB 382 --New Charter ----------.------------.2242, 2246, 2394, 3112, 3114
REAL ESTATE
SB 91 --Brokers and salesmen; regulate.------------------339, 476 HB 301 --Deeds; conveyance of lands; require inclusion of
address of maker-- ---- .------.------_---- (No action in 1968) HB 409 --Georgia Real Estate Commission; members'
appointment------------.--_----------(No action in 1968) HB 386 --Georgia Real Estate Commission;
membership---- .-------------- ------.(No action in 1968) SB 315 --Georgia Real Estate Commission; staggered terms
of office for members.---- 1167, 1240, 1316, 1519, 2509, 2612 HB 1216 -- Georgia Real Estate Investment Board;
abolish .........__.. .._---_..----------------------_._.----... 821, 880 HB 889 --Liens, mortgages, deeds; Superior Court Clerk's fees
for recording------------ ....--------.149, 188, 299, 1203, 1244 HR 168-510 --Public improvement projects; compensation of holders
if interest decline in value; amendment to the Constitution-----_--------.-- -------------- (No action in 1968) HB 335 --Recording of deeds; include reference to last recorded instrument------------------(No action in 1968) HB 1197 --Tax; exempt certain instruments.--..----657, 733, 1321, 2304,
2468, 2664, 3395, 3396 HB 1303 --Tax on Transfer of Real Property Act; exempt certain
instruments.--------.--------------------...--.------.976, 1097
REAPPORTIONMENT
HB 218
--Chatham County; change representative (No action in 1968)
HB 1226 HR 335 SB 207
INDEX
3865
--House of Representatives; amend to comply with Federal court ruling.--.824, 882, 940, 971, 1030, 1740, 1846
--Request consideration of Federal Courts regarding plans for reapportionment--_....._..,,_.._._.(No action in 1968)
--State Senatorial Districts----------------201, 258, 297, 394, 441, 476, 476, 477, 477, 478, 478
RECKLESS DRIVING HB 942 --Tires; black marks on road surface-.------------214, 293, 507
RECORDS HB 1253
--Vital; Department of Public Health; increase fee of local registrars----------------_--------_----928, 978, 987
RECORDS, PHONOGRAPH HB 867 --Restrict sales.--------------------__------------.----127, 161, 338
RECREATION COMMISSION, GEORGIA
HB 849
--Board of Recreation Examiners; create.._______ 22, 133, 393, 567, 608, 1212, 3034, 3059
RECREATIONAL WATERS POLLUTION STUDY COMMITTEE HR 861 --Create --------......----------------........----------------....---- 2921
REDDEN, HONORABLE ROBERT HR 699 --Commend --._......_.......__....--....__----..----.--...----------------.1598
REDDING, MR. OTIS HR 788 --Express sympathy for passing of--.------------...------2451
REGENTS, BOARD OF (See University System of Georgia)
HB 1062
--Teachers declared legally recognized profession; remove provisions.-----------------380, 465, 606, 861, 1450
RELIGIOUS ORGANIZATIONS
HB 7
--Wills; limit amount of estate left to religious organizations----.----.--------------------(No action in 1968)
3866
INDEX
RENFROE, CLAUDE H., JR. HR 499-1089--Compensate . ..... .........._...__........._...457, 495, 1797, 2026, 3423
RENTAL AGREEMENTS HB 921 --Personal property................ ..........159,195,393,810,3000,3054
RESEARCH SB 273
--American Institute for Research in Bio-Technology; create. ... .................._...._......._......._.._..1103, 1105, 1164, 2989
RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT HB 1078 --Amend ...... ......._......._......_.....384, 468, 1115, 1446, 2539, 3409
RETIREMENT (See Named Department)
SB 270 SB 267
SB 271 HR 352 HB 1010 HB 1012
HB 1008 HB 970 HB 1035 HB 1017 HB 950 HB 85 SB 252
--Advisory Committee on Retirement Systems create ......................................................1103, 1105, 1164, 2991
--Certain persons employed by political subdivisions shall receive credit for time served as member of General Assembly ................................................1103, 1105, 1163, 1521
--Clerks Superior Court; retirement benefits; credit for service in armed forces..------.-------.739, 742, 828, 1521
--Committee to study retirement and Emeritus pay .-------_----_-------------------- (No action in 1968)
--Firemen's Pension Fund; eligibility for membership------------------.322, 387, 943, 1374, 3001, 3222
--Georgia Legislative Retirement System; credit for military service; clarify provisions--.----....323, 388, 1101, 1481, 3034, 3069, 3169, 3180, 3233, 3234, 3279
--Georgia Legislative Retirement System; transfer of creditable service ._.--______----____------__---- 322, 387, 944
--Joint Municipal Employees' Retirement System; vested rights ------------------------285, 330, 338, 1293, 3164
--Ordinaries' Retirement Fund; benefits for SecretaryTreasurer -------------- 328, 392, 990, 1496, 1739, 3034, 3064
--Peace Officers' Annunity and Benefit Fund; member after 10 years shall not be dropped.----------.---- 324, 389
--Peace Officers' Annuity and Benefit Fund; rights and benefits .-.-.-..-.--...215, 294, 606, 704, 943, 2512, 3408
--Senior Superior Court Reporters' Retirement Fund of Georgia; establish.------------------------------.------199
--Sheriffs' Retirement Fund; Board membership.---------------1025, 1105, 1163, 2844, 3142, 3429
INDEX
3867
SB 268 --Sheriffs' Retirement Fund; credit for service in armed forces, future members.--------.----739, 742, 828, 1521
HB 1016 --State Employees' Retirement System; Amend Act to correct typographical and technical errors _____ 324, 389, 943
HB 1032 --State Employees' Retirement System; benefits prior to January 1, 1967------__--.--_----------------.328, 392
HR 707 --State Employees' Retirement System; create study committee-----_--------.--_-------.--_----_------.1582, 2704
SB 278 --State Employees' Retirement System; credit for service in armed forces -----------__._.------------.740, 742, 828, 1521
HB 81 --State Employees' Retirement System; creditable service; change provisions.--------------(No action in 1968)
HB 1050 --State Employees' Retirement System; Department of Public Safety --------____.377, 462, 943, 2790, 3409
HB 20 --State Employees' Retirement System; Georgia Cooperative Services for the Blind, Inc.; credit to certain members for previous service --_--------_----------.(No action in 1968)
HB 1020 --State Employees' Retirement System; involuntary separation from employment without prejudice; expand definition .....__.325, 389, 1101, 1994, 2237, 2509, 3256
HB 291 --State Employees' Retirement System; mandatory retirement, exempt certain employees --------------.(No action in 1968)
HB 1033 --State Employees' Retirement System; municipal or county retirement systems ........----------------__---- 328, 392
SB 263 --State Employees' Retirement System; notice to certain employees prior to retirement _...............739, 741, 827, 2991
HB 1037 --State Employees' Retirement System; prior service credit -.__....--_--------------------.--.329, 392, 1101, 1486, 3227
HB 1025 --State Employees' Retirement System; prior service credit, Armed Forces ....--------_------------------------------326, 390
HB 963 --State Employees' Retirement System; prior service credit, Armed Services ...----------------------------------.........284, 329
HB 1015 --State Employees' Retirement System; retirement allowances ----.----------------__----324, 389, 943, 2216, 3166
HR 651 --State Employees' Retirement System; requested to conduct a study on prior service _._._.__..--------.----------_._.__.--1267
SB 208 --State Employees' Retirement System; suspension of benefits under certain conditions _-------- 2086, 2087, 2232
HB 1001 --State Employees' Retirement System; transfer of service credits --------------------------292, 336, 986, 2531, 3035, 3072
SB 246 --Superior Court Clerks; benefits ......----------1991, 1994, 2084, 2237, 2951
HB 925 --Superior Court Judges, Emeritus; annual salary if 70 years of age or over ------------------------------160, 196
HB 69 --Superior Court Judges' Emeritus; retirement; credit for service ------------------------(No action in 1968)
HR 409-912 --Supreme Court Justices; Supreme Court Judges; retirement age; amendment to the Constitution ...............__----157, 194
3868
INDEX
HB 94 --Teachers' Retirement System; additional member of the Board of Trustees -.-._--_-...--.--__.._____--..(No action in 1968)
HB 1021 --Teachers' Retirement System; adjustment of post-retirement benefits ____.....____--_._____._..325, 390, 944, 2955
HR 608-1295--Teachers Retirement System; allowances to beneficiaries; amendment to the Constitution __..._..--_.974, 1095, 1101, 2480
HB 713 --Teachers' Retirement System; appointment of additional members .._________________________________________________(No action in 1968)
HB 65 --Teachers Retirement System; conditions of membership ........
(No action in 1968) HR 142-403 --Teachers' Retirement System; create for all school
employees; amendment to the Constitution ...-.___._....___-___.--__-..____---__199, 314, 1166, 1283 SB 266 --Teachers' Retirement System; credit for service in the armed forces ...._-.........__...__-_--,,__.......___..._..........739, 741, 828 HB 671 --Teachers' Retirement System; creditable service, certain cases ___._......._..___..__.......__.1445, 2585, 3273, 3310, 3431 HB 952 --Teachers' Retirement System; earnable compensation, University System of Georgia __.____..._____.216, 294, 2592, 2813,
3371, 3371, 3432 HB 78 --Teachers' Retirement System; full service allowance after
40 years' service ..........-_____...---__--..,,_-. (No action in 1968) SB 14 --Teachers' Retirement System; leaves of
absence ,,____._..____________________________,,_ (No action in 1968) HB 995 --Teachers' Retirement System; minimum
floor ._._._.._.._.._..._..____....__._.._._...___......__._.__....._.......291, 335, 2592 HB 87 --Teachers' Retirement System; minimum floor of $5.00
for each year of service up to 40 years,-(No action in 1968) HB 86 --Teachers' Retirement System; payment of minimum
benefits to certain members _______--__-.-----.__-----___------.199 HB 1000 --Teachers' Retirement System; transfer of service
credits .........._....._.......__........_.292, 336, 986, 2529, 3035, 3070 SB 30 --Trial Judges and Solicitors Retirement Fund;
createe ..._.._......_._._...__. 340, 341, 1099, 2969, 3036, 3237, 3430 HB 1048 --Veterans, World War II; seniority and retirement
rights .._-_-...___._......_....._-___...._-_...___--...-..___ 377, 462, 829, 907
REVENUE BOND LAW HB 274 --Interest rates; limitation ....._....._.._...__._......_..____.._..._._2084, 2396
REVENUE DEPARTMENT, STATE
HB 405
SB 189 HB 1397 HB 406 HB 1204
--Arbitrators; provisions relating to appointment ___._.___.______._____..__--________......... (No action in 1968)
--Commissioner; compensation ._..___......__.__....___.___.736, 2888, 3002 --Deputy Commissioner; compensation ___.._____._1305, 1439, 1665 --Property tax; determination of value --.(No action in 1968) --Tax digests, reevaluation programs; approval by
Commissioner __--_,,_-_-_--.----.._---.-.-..--._--_------_...--725, 826
INDEX
3869
REWARDS FOR INFORMATION
HB 908
--Governor may pay; apprehension and conviction of a felon ___._____._...__.__..______.______.________.____.._____________.____._154, 191
REYNOLDS, CITY OF HR 763 --Kiwanis Club; commend __..._.__...__.-....___..-._.__.........._........_...2171
RICHMOND COUNTY
HB 1408 --Additional deputy sheriffs ,,-------1308, 1441, 1447, 1551, 2241 HR 531-1156--Adoption of ordinances; amendment to the
Constitution ___.____._.__.__-______._--_.________.597, 663, 667, 757, 1325 HB 776 --Board of Education members; date of
election .._.........__......_......_...._-_..__-_.....__._..__-__.2353, 2572, 3408 HB 1614 --Board of Education; vacancies --2075, 2231, 2353, 2402, 3163 HR 686-1477--Public agencies; General Assembly's powers to
create, etc.; amendment to the Constitution __.______.___.___.__.______.__._1655, 1792, 1800, 2013, 3425 HB 1200 --Sanitary landfills; dumping of trash; garbage, etc. _____________________724, 825, 1025, 1227, 1229, 3005, 3055 HR 458-1013--Tax levy; authorize; amendment to the Constitution ....._._..__...___.............._.....__.._._...323, 388, 394, 522
RIGGINS, MRS. FRANCIS B. HR 610-1297--Compensate ......_...._._-..........._-__.....-__975, 1096, 1798, 2030, 3424
RIOTS
HB 906 HB 866 HB 907
HB 905
--Define offense; punishment ______________________.____________154, 191 --Firearms; unlawful possession _________________________.___25, 136, 1100 --Fire bombs; "Molotov Cocktails"; possession prima facie
evidence _,,_----_._----..________-______,,_______-_----154, 191 --State of Emergency; Governor's powers __----_----_--154, 191
RIVERDALE, CITY OF HB 1556 --Certain officials' salaries ___..________.1969, 2078, 2089, 2251, 2997
ROBERTSON, REV. VERNARD --Prayer offered by _._._...,,__._-_...__...___.......___._3109
3870
INDEX
ROCKDALE COUNTY
HR 740-1616--Board of Education; debts incurred; amendment to the Constitution ________.________.____2076, 2232, 2353, 2601, 3426
HB 1301 --Sheriff's deputies; increase number .....__....._...976, 1096, 1227, 1231, 1807
HB 1613 --New Charter ....._...._....._._.........._.....2075, 2231, 2236, 2402, 3163
ROCKMART-ARAGON CHAMBER OF COMMERCE HR 551 --Commend ..........................-..........................._..._..... ....685
RODDENBERY, ROBERT SAMUEL, SR. HR 757 --Commend ....._.._..._._..._........-..-...-.._.___._....__.......__.._.2165, 2617
ROEBLING FAMILY HR 746 Expressing appreciation -- --------------_....._........_..........__.....2156
R & R SALES COMPANY HR 500-1089--Compensate ... _..................._.._457, 495, 1797, 2026, 3423
ROSSVIIXE, CITY OF
HB 1160 HB 1162
HB 1161
--Fire and Police Chiefs; appointment ....598, 664, 988, 991,1675 --Mayor, councilmen and tax assessor;
compensation _._.__________._____________.______598, 665, 988, 993, 1675 --Recorder's Court; establish ---_.__._--.598, 665, 988, 991, 1675
ROSWELL, CITY OF
HB 1630 --Mayor and council term of office ____....2226, 2348, 2353,
2575, 3418
HR 733-1597--Designate certain highway in Union and White
Counties
.... .-__-_-____...2072, 2087, 2228
RUSSELL, SENATOR RICHARD B. SR 141 --Invite to address General Assembly ,,____,,_________._,,_--__26, 144
RUTLEDGE, TOWN OF HB 1286 --Change to City of ........_...-._._-..-...........934, 983, 989, 1114, 2356
INDEX
3871
SAFETY FIRE COMMISSIONER, GEORGIA
HB 1074
--Anhydrous Ammonia; classification ..............-.384, 468, 1446, 1955,3165
SALES TAX (See Taxation)
HR 596-1247--Certain tangible personal property purchased outside State; suspend ________________-___._________________878, 937, 1802
HB 1514 --Charitable institutions, agencies of State, County or municipal government; exempt ___________.___-________1783, 1980
HB 1489 --Commercially fry and fingerling channel catfish; exempt ......_._..........._.__._..__.._.._..___.___...___1658, 1795, 1991, 2810
HB 1071 --Counties, municipalities; monies derived from public transit facilities _____._.___.___ 383, 467, 1521, 2062, 2191, 3234
HB 469 --Drugs and food; exempt ______________________(No action in 1968) HB 459 --Equipment used directly in manufacture of tangible
personal property; exemptions _------__ (No action in 1968) HB 683 --Farm machinery; exempt __________-__-___________.______.._^____3040, 3084 HB 846 --Food; exempt sale of on premises of private
elementary schools ______________ 21, 133, 990, 1487, 3168, 3367 HB 887 --Food for human consumption; exempt _____________________131, 164 HB 123 --Gasoline and other products used as fuel;
exempt __,,______-_____.__,,__.____.______________________ (No action in 1968) HR 597-1247--Holy Bible; suspend ______.______.__........__878, 938, 1802, 2524, 3403 HB 105 --Increase from 3% to 4% ....____.....___.....__. (No action in 1968) HB 616 --Increase from 3% to 4% ____________________________ (No action in 1968) HB 983 --Motor Fuel Tax Law; exempt ..,,__,,......__..__....__.._____._____ 288, 332 HB 258 --Municipalities and counties; allow to adopt 1%
sales tax _________.__._..___.___....._..___...,,_......,,.... (No action in 1968) HR 598-1247--Non-profit hospitals; sale of tangible personal
property; suspend ___.._..__________________878, 938, 1802, 2525, 3403 HR 599-1247--Non-profit schools; sales of food;
suspend ______________..________..____..____________878, 938, 1802, 2527, 3403 HB 1660 --Prescription drugs; exempt --_.___.__-_____________________-_-__-___.__--.1311 HB 1091 --Prescription drugs; exempt __..________________._.____________.________458, 496 HB 1315 --Private schools; exempt property sales _________ 1090, 1160, 1321,
1573, 3167 SB 314 --Shavings and sawdust from wood used directly in animal
husbandry ___._.._._..___._.___.___.1323, 1324, 1444, 1991, 2954, 3003 HB 1470 --Shavings and sawdust used for tilling soil or animal
husbandry; exempt ________.______._____________________.___________.1653, 1790 HB 1462 --Tangible personal property; retail sales ________1508, 1661, 2089,
2328,3414
3872
INDEX
SAVANNAH, CITY OP
HR 665-1435--Ad valorem tax levy; amendment to the Constitution _______ ___.______...1431, 1512, 1519, 2135, 3314, 3336
HB 1353 --Board of Education; members' election _.___1157, 1225, 1518, 1538, 2560
HB 1645 --Employees; organization _______________._.2345, 2558, 2593, 2712, 3179,3182
HB 1157 --Municipal Court; Justice of the Peace; jurisdiction ___________.________._____..____.597, 664, 668, 752, 1236
HR 13-16 --Planning and zoning ordinances for historic purposes; amendment to the Constitution ..................................SSG, 1199
SCHOLARSHIPS
SR 183 --Board of Regents, University System of Georgia; amendment to the Constitution ____2708, 2710, 2840, 2991, 3217,3431
HB 1064 --Georgia State Scholarship Commission; public relations and information programs _________.381, 466, 606, 705, 1450
HR 521-1103--Medical students; repayment of loans; amendment to the Constitution ___________________.491, 600, 832, 1288, 3421
SCHOOLS (See Education, Taxation)
HB 749 --Athletic functions, dances, etc.; unlawful to possess or consume alcoholic beverages if under 21 (No action in 1968)
SB 41 --Compact for Education; Georgia be. party to _____________._________1526, 1528, 1662, 2841, 3325
HB 1092 --Compulsory school attendance; change age ________468, 496 HB 909 --Consolidation; authorization ______________________154, 191, 2234 HR 433-952 --County Boards of Education members' election;
amendment to the Constitution _____________________216, 295 HB 330 --County Superintendent of Schools; classification ____.______671 HR 378-853 --Driver education; traffic fines and forfeitures;
allocation; amendment to the Constitution ________23, 134 HB 140 --Driver Education Course; curriculum of
high schools ____-___,,______,,___________ (No action in 1968) HB 842 --Driver Education Course included as part of
curriculum of all public high schools by 1968-69 school year __________.________________21, 132, 137 HR 714-1514--Drop-outs; create interim study committee _..________________________________1783, 1980, 2592 HR 191-597 --Educational tax levy; change millage limitation; amendment to the Constitution ________ (No action in 1968) HB 899 --Equalized school property tax digest; 1969 shall be the same as 1968 ._____-_____.153, 190, 298, 444, 1449, 2646 HB 453 --Exceptional children; educational programs ..-470, 692, 1450
INDEX
3873
HR 656 --First grade teachers; create study committee to study method for providing additional incentives .._____..________.__.________________________.______._____1271, 2592, 2628
HB 1065 --Georgia Higher Education Assistance Committee; create ._-___._..-....___....-...381, 466, 606, 705, 1450
HB 360 --Georgia Higher Education Assistance Corporation; selection of State depositories ______________ (No action in 1968)
HB 1066 --Georgia Higher Education Assistance Corporation; student loans, federal requirements ....._..........___.__.._..._.........382, 466, 606, 815, 1450
HB 255 --Georgia Higher Education Assistance Corporation; use of State funds by banks ._........_....,,. (No action in 1968)
HE 845 --High school graduates and University System of Georgia; create study committee _--:--__,,.-- ._.--....2910
HB 871 --Immunization of pupils ___.___.____128, 162, 298, 364, 2085, 2647 HB 1357 --Income tax; deductions from gross
income for school expenses __...._..__...__:__.._...1158, 1226, 1521 HB 1648 --Independent school system; merger __....___..__.2555, 2590, 2592 HB 892 --Local boards of education; monthly summary
of all receipts and expenditures ,,__--,,----..,,-...__,,--149, 189 HR 711-1479--Local school systems; particular tax shall be
allocated; amendment to the Constitution _.........._,,.....___........________________ ..._____1656, 1793 HB 544 --Lunchroom personnel; minimum wage .-- (No action in 1968) HB 545 --Lunchroom personnel; specific appropriations ............__.._...--.___._____________ (No action in 1968) HB 33 --Minimum Foundation Program of Education Act; Assistant principals included within term "certificated professional personnel"--(No action in 1968) HB 900 --Minimum Foundation Program of Education Act; lapsed funds ........__.._._.....___.........153, 190, 298, 446, 737 HB 331 --Minimum Foundation Program of Education Act; professional personnel; separate classification ____________________________--,,_--,,--__--_.______.________671 HB 498 --Minimum Foundation Program of Education Act; transporting of pupils; calculation of costs _________________________________________ (No action in 1968) HR 599-1247--Non-profit; suspend sales taxes on sales of food ____.________.~_______.--_____.878, 938, 1802, 2527, 3403 HR 288 --Pre-School Children Study Committee; create ____-_._____,,_--____,,--.,,___-(No action in 1968) HB 795 --Private business schools; provide for regulation, inspection and approval __________________....(No action in 1968) HB 967 --Private driver training schools; regulate _._____._._______.______-____..__-____._-.286. 330, 831, 912, 1450 HB 846 --Private elementary; exempt sale of food on premises ___._-.._..-.._.-__..__.___21 > 133, 990, 1487, 3168, 3367 HB 17 --Public Schools Employees' Retirement System; create --.----------------_ ----...(No action in 1968) HB 1315 --Sales tax; exempt property sales, private schools ._._.............._....... 1090, 1160, 1321, 1573, 3167
3874
INDEX
HB 654 --Secondary; Driver Education Course;
financial responsibility ..---..._--__....._... (No action in 1968) HB 1375 --State Board of Education;
contracts __-._______._.___._.___.______.._.1221, 1315, 1319, 2475, 3165 HR 217-712 --Student loans; issuance of revenue bonds;
amendment to the Constitution .____._,,_.__.__.831, 1207, 3000 HB 546 --Student's voting rights; appraisal
at age 17 ..._._.._........_.._.....__....__........__.......___....._470, 867, 3170
HB 721 --Superintendent's office; minimum standards and
HB 711
salaries; clerical personnel ,,...__,,.._._...._.(No action in 1968) --Superintendent's office; salaries for clerical personnel-__2592
HR 38-106 --Taxation; allocation to local units of school administration; amendment to the Constitution .__..._.___.__......_,,...._._..__.__..__. (No action in 1968)
HB 682 --Taxation; redemption of property,
certain conditions __-____--__-.-_--___._.______._...._--_-___736, 895, 949 HR 41-131 --Taxation; school lunch purposes; amendment
to the Constitution .__.___.__..________-,,___,,.. (No action in 1968) HR 181-555 --Taxation; school lunch purposes; amendment
to the Constitution ______......._.....__....,,....__. (No action in 1968)
SB 247
--Teacher allotment; change provisions .._....__...._...__........._..._....._...669, 670, 733, 2234, 2891
HB 1103 --Teacher allotment; Minimum Foundation Program of Education Act ._____-.____-_._J__.____.__490, 599, 986, 1419, 3165
HR 479-1029--Teacher Certification Policies Study Committee; adopt report ._..._........_._....__...._.._._._.__327, 391, 470, 910, 1804
SR 227 HB 121
--Teacher Hall of Fame; provide ..._....__..._..._._.......2708, 2710, 2840, 2841, 3099, 3431
--Teacher Tenure Act; create ........___..-_.________.__--_____.__.___._.__-2234
HB 1180
--Teachers; board of three examiners may classify; certain counties ___.,,__..,,__._.__._ 654, 730, 2592, 2805
HB 298
--Teachers; declare legally recognized profession ........_...__..._....._........_......_._..____(No action in 1968)
HB 94
--Teachers' Retirement System; additional member of the Board of Trustees _....__..,,_.._..,,.. (No action in 1968)
HB 1021
--Teachers' Retirement System; adjustment of post-retirement benefits ......... __._,,. ..,,,,,,,,._ ..325, 390, 944, 2955
HR 608-1295--Teachers Retirement System; allowances to beneficiaries; amendment to the Constitution __._._.__..___._______._..___._________-.974, 1095, 1101, 2480
HB 713
--Teachers' Retirement System appointment of additional members ,,_.--------__--_.(No action in 1968)
HB 65
--Teachers' Retirement System; conditions of membership ___._.___.._____._____,_____.___________.___.___._.___________-.199, 359
HR 142-403 --Teachers' Retirement System; create for
all school employees; amendment to the Constitution _______.__.___.___.____.__-__.___._._____199, 314, 1166, 1283
SB 266
--Teachers' Retirement System; credit for service in the armed forces ____.._.._...___~._._739, 741, 828
HB 671 HB 952
HB 78 SB 14 HB 995 HB 87
HB 86 HB 1000 HB 1244 HB 1359 HR 773 SR 183
HB 1089
INDEX
3875
--Teachers' Retirement System; creditable service, certain cases ___._______..___.___..____.__.1445, 2585, 3273, 3310, 3431
--Teachers' Retirement System; earnable compensation, University System of Georgia . _ 216, 294, 2592, 2813, 3371, 3371, 3432
--Teachers' Retirement System; full service allowance after 40 years' service ,,...___...____._._________. (No action in 1968)
--Teachers' Retirement System; leaves of absence ___..-- ...--___.--___.._.-- (No action in 1968)
--Teachers' Retirement System; minimum floor___.291, 335, 2592 --Teachers' Retirement System; minimum
floor of $5.00 for each year of service up to 40 years .....__.....____..___._.__...__........_ (No action in 1968) --Teachers' Retirement System; payment of minimum benefits to certain members --__,,_--_.----__-._,,--_.--____199 --Teachers' Retirement System; transfer of service credits .... 292, 336, 986, 2529, 3035, 3070 --Teachers' sick leave; accumulation when transferred _..,,__------_,,_.__..--__...._...,,....._.877, 937 --Teachers' sick leave; 3 days may be used for personal leave upon proper notice .___....,,___ 1218, 1312, 1319 --Teachers; Tenure Study Committee; create ,,__..____..______-___.._-...--____.___.-._,, 2181, 2592, 2753 --University System of Georgia, Board of Regents; scholarships; amendment to the Constitution __.________..________2708, 2710, 2840, 2991, 3217, 3431 --Venereal diseases; blood tests to all students prior to entering 8th grade _,,---__.--__---_-_--__,,---_456, 495
SCIENTIFIC RESEARCH
HB 1294
--Promote facilities by exempting from building and zoning restrictions ___________ 973, 1094, 1229, 1447, 1451, 2707
SCHROER, ALBERT J., JR.
HB 877
--Right of suffrage and citizenship; restore _._,___.___________.___.__.__.____________.129, 163, 393, 613, 3164
SCREVEN COUNTY
HB 1446 --Sylvania-Screven Airport Authority; create ___._______..._____.-_____.-__._._.__ ..__1434, 1514, 1518, 1686, 2358
HR 671-1446--Sylvania-Screven Airport Authority; tax levy; amendment to the Constitution ___.......__.___..__..._.___....1434, 1514, 1800, 1824, 2564
SEABOARD CONSTRUCTION COMPANY HR 51-134 --Sales tax payment; refund ._.._.__..........(No action in 1968)
3876
INDEX
SEARCHES AND SEIZURES
HB 277 --Motion to suppress illegally seized evidence
shall be made before trial __--_----------_.
.A99
SECRETARY OF STATE
HR 609-1296--Elected in the same manner as the Governor; amendment to the Constitution ...................915, 1095, 1101, 2056, 3424
HB 1423 --Tenure; salary increase ______.1311, 1444, 1801, 1803, 2332, 2468, 2655, 3226, 3227, 3278, 3284, 3335, 3339
SECURITIES ACT, GEORGIA
SB 397
--Insurance, endowment or annuity contracts -_.__-----.----..---._.__--_.--_,,----2901, 2903, 2989
SEEDS HB 1332
--Private seed testing laboratories; licenses .....__..,,--------..._____.....--.1153, 1221, 1318, 2474
SENATE
HB 380 SR 157
--Fiscal Affairs Sub-Committee; create .... (No action in 1968) --Governor's appointments submitted for confirmation;
amendment to the Constitution -.--.2565, 2566, 2590, 2704
SENATORIAL DISTRICTS, STATE
SB 207
--Reapportion _.__.___....201, 257, 297, 394, 441, 476, 476, 477, 477, 478, 478
SHAD FISH
HR 455-1013--Study Committee; create .......... ..............SZ3, 388, 470, 689 HR 655 --Study committee; create .--------------------.1271, 1987, 2148
SHARPE, HONORABLE T. ROSS HR 639 --Express sympathy for passing of __.__.._..__....__...1253, 1451
SHERIFFS SB 250 SB 251 SB 221 SB 252 SB 268
INDEX
3877
--Civil and criminal cases; enumeration of fees _..-__________....__1167, 1239, 1315, 2626, 2844, 3143, 3430
--Governor's investigation committee to study charges against; create -.1103,1105,1163, 2844, 3141, 3430
--Sheriffs and Deputy Sheriffs; Workmen's Compensation ____________________499, 511, 603, 831
--Sheriffs' Retirement Fund; Board membership _.,____._.___.._..__ 1025, 1105, 1163, 2844, 3142, 3429
--Sheriffs' Retirement Fund; credit for service in armed forces, future members ________________739, 742, 828, 1521
SHRUBBERY SB 343
--Ornamental; nursery operators; rights of free enterprise; State competition .....__.._-______..1168, 1241, 1317
SIGNALLING DEVICES
HB 979
--Automatic at railroad crossings; procedure for installation __.______..______..__.____288, 332, 734, 897
SKELTON, HONORABLE HUGH HR 818 --Express sympathy for passing of _~_____.___.___________-_.___________.2760
SKIDAWAY ISLAND BRIDGE HR 877 --Commend _.._____....___.._._-_______.______.._____....___._._____..._____________._.___.._..3193
SLUM CLEARANCE HR 139-399 --Ad valorem tax on increased value; amendment to the Constitution ,,_____.-__.__,,-___________.____ (No action in 1968) HR 295-835 --Revenue bonds ___.__.._._.__..____..__.______.___________.___.___..__.859, 1227, 1327
SMITH, GEORGE L., II
HR 900
--Expressing appreciation; commend ____,,___.._______,,.___________.3211 --Remarks by ____________________,,______________._._...__________.610 --Address by .___.._...__-._..__..__._.._._.._._.___.__...___.10
SMITH, HONORABLE KYLE D. HR 647 --Express sympathy for passing of ....______..._____.______1263
3878
INDEX
SMITH, ROY CLYDE HR 721 --Express sympathy for passing of --_----_.__------___1838
SMOKE RISE JUNIOR LEAGUE FOOTBALL TEAM HR 683 --Commend ._....__-_.__.._..._-__._-_---..--._-.._.__.________-..1588
SMYRNA, CITY OF HB 1351 --Corporate limits; increase^.1157, 1225, 1227, 1325, 2849, 3172
SOLICITATION OF MONEY
HB 901 HB 949
SB 366
--False invoices; misdemeanor ----._._,,_153, 190, 338, 441, 737 --Goods or services not rendered; unlawful
to solicit payment _._--_--------------------..------216, 294 --Minors; unlawful to employ ----.----.1992, 1994, 2084, 2592
SOLICITORS-GENERAL
HB 1213 HB 1355 SB 265 SB 254
HB 506 HB 920 SB 299
SB 364 SB 30
--Compensation .._...__..._----..__..__..._..._----...__.._..726, 829, 879, 989 --Contingent expense allowance;
increase -_.._..__..__...._......_._......._...1168, 1226, 1799, 2209, 3412 --Emeritus; credit for service in the
armed forces ...................................----.739, 741, 828, 1990 --Emeritus; member of General Assembly and
service in armed forces may be computed in number of years service required _--_..----884, 887, 938 --Emeritus; minimum salary, 65 years of age or over .............__.__------.--_--.(No action in 1968) --Emeritus; minimum salary, 65 years of age or over .._._.159, 195, 1101,1297, 1362, 2485 --Georgia Administrative Procedure Act; Rules and Regulations of the State of Georgia ._-._..._...----..--_------884, 888, 939, 1099, 2582 --Salary payable from State funds .._..._.._..----.-----.--1992, 1994, 2084, 2090, 3006, 3407 --Trial Judges and Solicitors Retirement Fund; create --------._.----340, 341, 1099, 2969, 3036, 3237, 3430
SOUTHEAST RIVER BASINS STUDY COMMITTEE HR 903 --Endorse recommendations --.------_--------------_._--.3213
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY HR 744 --Commend --_._..--.______--__..__.._..___..__..__-.2155
INDEX
3879
SOUTHERN INTERSTATE NUCLEAR COMPACT HB 1233 --Appropriations ....._..__....-..................824, 882, 1798, 2781, 3410
SOUTHERN RAILROAD SYSTEM HR 516 --Commend -__......__....._.._...._.._._._.___..._._....._.,,_.._,,__427
SPALDING COUNTY
HB 1153 --Law library; establish _.___.- _____________._.____._..___.____596, 662, 1990 HR 592-1241--Sanitation, sewerage and fire
protection districts; amendment to the Constitution ...-..-,,.--..--876, 936, 1100, 1179, 2564, 2579 HB 1192 --Tax Commissioner's office hours ........656, 732, 735, 836, 1671
SPARTA, CITY OF HB 1628 --New Charter _____..._____...___.___.2226, 2347, 2353, 2570, 3004, 3135
SPEED DETECTION DEVICES
HB 843 HB 4
--Radar; use to enforce regulations __._______.___.._________..21, 132, 137, 179, 1234, 1841
--Timing devices and radar equipment; use to enforce regulations _____________________________66
SPELL, MISS BILLIE JO HR 864 --Commend ___________________________________________.._______________...___3042
SPORTING EVENTS SB 154 --Regulate _____________-_______-..___.._.______..____,,_____.______._____ .2234
SPRINGFIELD, CITY OF
HB 1184 HB 858
--City Court Judge's salary .______.______..____655, 731, 735, 834, 1170 --Mayor and Aldermen; election ________...___24, 135, 137, 166, 500
STATE BOARD OF CORRECTIONS
HB 1237 HB 742
--Amend laws; define "detainer" ________________ _________.___.....____825, 883, 1099, 1950, 3166
--Confinement and rehabilitation of prisoners;
3880
INDEX
new methods .__...._____2851, 2954, 3168, 3254, 3365, 3373, 3432 HB 1655 --Federal prisoners; jurisdiction __.......___2589, 2697, 2704, 2891 SB 199 --Georgia Administrative Procedure Act; place under
provisions of Act _______________._______________.200, 257, 297, 508, 3098 HB 748 --Guards, wardens and deputy wardens;
additional powers of arrest .......___.. (No action in 1968) SB 294 --Hospital patients; continuance of care and treatment
when term has expired __..._____._____.__..___.__..944, 950, 984, 1101 HB 1120 --Motor vehicles; authority to purchase ._....______...._..___..494, 602 HR 396-912 --New board; composition of members; amendment
to the Constitution _._._._...__....___.__....-..._...155, 192, 2594, 2819 HB 1117 --Penal rehabilitation programs; federal grants ___..__._.493, 602 HB 260 --Prison inmates allowed to enter
into certain contracts ___________-_____.__,,._____ (No action in 1968) HB 1119 --Prisoners; authority to hire out to Federal
Government agencies ....._.............._.........494, 602, 1101, 2045 HB 1118 --Prisoners; sale of certain
goods ......................._.--.__.__ 494, 602, 1801, 2045, 3349, 3363 HR 235 --Study committee ...._...._..._-......__-_....__.,,....... (No action in 1968) HB 1593 --Wardens, guards and custodial officers;
oath of office .. ._..._.__...__.___._.2071, 2227, 2237, 2782, 3416
STATE BOARD OF EDUCATION (Sec Schools, Education)
HB 1089
--Venereal diseases; blood tests to all students prior to entering 8th grade .__.............._.._...._...__.___.....456, 495
STATE BOARD OF FUNERAL SERVICE HB 1496 --Board members; increase .__.................1780, 1977, 2088, 2672
STATE BOARD OF PARDONS AND PAROLES
HB 1234 --Board members' written opinions; clarify certain requirements _______..._._____________.___________824, 882
HR 383-867 --Claxton, J. W.; impeachment charges ............._......._........__......127, 161, 609, 760, 3434, 3437
HR 716-1518--Committee to nominate 3 nominees to fill vacancies; create; amendment to the Constitution ....._..........._...-.....-.......__...1784, 1981, 2089, 2457
HR 794 --Constitutional Commission; investigation of appointments .........__..._.--......._.___.....___.._..___........ 2456, 2616
HR 382-867 --Garrett, Mrs. Rebecca L.; impeachment charges .....__._.....__._._..127, 161, 502, 3435, 3442
SB 202 --Georgia Administrative Procedure Act; place under provisions for rule making purposes _..........._....................-_......-.200, 258, 297, 1101, 3220
SB 201
SB 200 HB 1235
HR 797
INDEX
3881
--Licensed attorneys only may appear before for remuneration ._.__..__.....___.339, 473, 498, 830, 3279, 3428
--Public hearings ._,,_._.........._....._.,,_.__...__339, 473, 498, 830 --Rule-making authority; promulgate
rules -_--___._--____---__-___-__-__-_-__._____.--_____.824, 883, 1099, 1951 --Study committee __.._...._....__........___..............._...._..2459, 2704, 2755
STATE BOARD OF REGISTRATION FOR FORESTERS HB 1561 --Licenses as registered foresters __.___________.-.______._._.___.1971, 2078
STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
HB 1321 HB 1312 HB 1559 HB 1508 HB 83 HB 1219
--Examination before assuming duties _______________._____1091, 1161 --Examination; engineer shall designate field ........1089, 1159 --License; certain persons ___..___...-.._-_-....___-._._-..1970, 2078, 2594 --Licenses; issuance to certain persons ......--...1782, 1979, 2594 --Members' examination _____________________________,,_(No action in 1968) --Rosters available upon request __.._.,,_.._._._._,,.._ _.____..822, 880
STATE BOARD OF REGISTRATION FOR USED CAR DEALERS
HB 898
--"Established Place of Business" ....._..__.._........_....,...___.152, 190, 299, 573, 1166, 1195
STATE BOARD OF VETERANS SERVICE
HB 1170
--Benefits; complete copies of all records .....__..__..._...._.__-_........_..__.651, 727, 829, 904, 3167
STATE BUILDING ADMINISTRATIVE BOARD HB 1325 --Create ._..-_..___..-..........--__._.._-.-....--__.___.....-____.....-1092, 1161
STATE CLAIMS
--Interim Study Report -______.____-_____-___.____--________--____.~3456 HR 68-153 --Study Committee ........-__.__.__..-..__-..,,......._ (No action in 1968)
STATE COMMUNICATIONS AND DATA PROCESSING MANAGEMENT BOARD
HB 1206 --Create ____________,,_________________-___-_-____--_._,,__--__..____--.725, 826, 1321
3882
INDEX
STATE CONSTITUTION
HR 503-1090--Constitutional Convention; calling for; amendment to the Constitution ,,_...-.._...___..--.....--.457, 496
HR 502-1090--Constitutional Convention; provide in 1969; amendment to the Constitution ________.__.__.____________.___457, 496
HR 523-1104--Constitution Revision Commission; create ___._.____..__.__.___________.___..460, 498, 1101, 1957, 3375, 3376
HR 189-564 --Proposed amendments; date for submission to the people; amendment to the Constitution ___--____,,._,,--___--____.--.(No action in 1968)
SR 149 --Provide for new Constitution; amendment to the Constitution __ _ . 1666, 1677, 1796, 2845, 3153, 3431
STATE COUNCIL FOR THE PRESERVATION OF NATURAL AREAS HB 1248 --Create ..__....,,_.__.._...__..--_..-,,-_.-.,,-.._. 927, 978, 1520
STATE COUNCIL FOR REMOVAL OF APPOINTED CONSTITUTIONAL OFFICERS
HR 426-941 --Create; amendment to the Constitution ____.___187, 222, 1990
STATE CRIME LABORATORY HB 1069 --Blood and urine tests ..._......._-..___--_...----382, 467, 987
STATE DEPARTMENT OF AIR TRANSPORTATION
HB 1510 HB 946 SB 234
--Appointment of officers ..._..-_..,,.__..__-_..._...-..-_.._..-1782, 1979 --Establish ____.__.____..__._.___________________________________..___215, 293, 829 --Establish _____._.603, 607, 665, 883, 1280, 1992, 1995, 2242, 2639,
3405
STATE DEPARTMENT OF CONSERVATION HR 878 --Study Committee ___._.__.-_--_~--__...__._--.---___,,_-_--__3194
STATE DEPARTMENT OF CORRECTIONS
SB 369
--Prison-made products; submit list to Supervisor of Purchases ._...__.....1670, 1677, 1796, 2844, 3277, 3282, 3282
STATE DEPARTMENT OF EDUCATION
HB 1424
--Industrial Services Advisory Committee; create _,,._.._..._._-.--.._---.-.1311, 1444, 2592, 2796, 3413
INDEX
3883
STATE DEPARTMENT OF LAW HB 1236 --Attorney General; subpoena powers ..........825, 883, 988, 1949
STATE DEPARTMENT OF PARKS HR 582 --Safety programs and standards; adopt....782, 1228, 1245, 1805
STATE DEPARTMENT OF PUBLIC HEALTH
SR 245
--State Properties Control Commission; transfer of certain property _______._____.2707, 2709, 2840, 2841, 3312, 3371
STATE DEPARTMENT OF PUBLIC SAFETY
HB 1080
--Driver's licenses; honorary; change requirements _..._.......__. ___.___._.-.-.._._____._._.385, 469, 829
STATE DEPARTMENT OF URBAN AND MUNICIPAL AFFAIRS
HR 414-923 --Create committee to study feasibility of establishing .__,_,..,_,,___._______,_________.160, 196, 394, 2194, 3422
STATE DEPARTMENT OF VETERANS' SERVICE HB 1393 --Director's compensation ............--...........1305, 1439, 1470, 1665
STATE DEPARTMENTS
HB 625 HB 826
--Records; destroy after 7 years, certain cases __----,,_.,,--__.--_._--___..(No action in 1968)
--Surplus property; authorization to declare _------_---- ____,943
STATE ELECTION BOARD
HB 1057 HB 874 HB 1058
--Additional powers .__...._........_..379, 464, 509, 628, 3395, 3398 --Members' composition --.--.-...-..-.-......-...128, 162, 200, 509, 509 --Members' salaries _.,.___..-_--_-,,,_.--_.____..--_---379, 464, 509, 626
STATE EMPLOYEES
HB 1229 HB 1079
--Contingent expense allowance _.,,........_.-.__.....,.,875, 935, 1665 --Discrimination ,,.._____...._-....-.._....._..._.,,__._.,..___.._..____384, 469
3884
HB 1314
HB 596 HB 1102 HB 1093
HB 1203 HB 694 SR 246 HB 456
HB 1240 HB 1550
INDEX
--Labor union dues; unlawful to deduct from salaries ___._______.___________._____._________.__._____1090, 1160
--Liability insurance ____________________________________ (No action in 1968) --Mileage expense allowance ........._.._.__.....__.490, 599, 1101, 1956 --Mileage expense allowance;
increase _........_......_.................._..................__..........458, 496, 509 --Minimum hourly wage .........._..._..____....._-........_-__...._..._..._.725, 826 --Minimum hourly wage -__..---...------..--.-- (No action in 1968) --Salaries; study committee .........._.__......._..._._.._....._..__.3170, 3216 --State Personnel Board; Merit System;
salary adjustments .................._-_...._-..._.. (No action in 1968) --Strikes; prohibit ........_...-..........._...___......_........_....._.876, 936, 1292 --Workmen's Compensation;
insurance ..............._....................__......___1789, 1985, 2233, 2581
STATE EMPLOYEES' RETIREMENT SYSTEM
HB 1016
HB 81
SB 278 HB 1050
HB 20
HB 1020
HB 291
SB 263
HB 1037 HR 651 HB 1025 HB 963 HB 1033
HB 1015
HB 1032 HR 707 SB 208
HB 1001
--Amend Act to correct typographical and technical errors ................_...-...._......._._-.._..324, 389, 943
--Creditable service; change provisions ..........-.._.-..-.._...--..-.-.--._-.---__.. (No action in 1968)
--Credit for service in armed forces ..............740, 742, 828, 1521 --Department of Public Safety;
disability allowance ............__....377, 462, 943, 2790, 3409 --Georgia Cooperative Services for the Blind, Inc.;
credit to certain members ....,,.....__.__....__ (No action in 1968) --Involuntary separation from
employment without prejudice; expand definition ___...._.......__...325, 389, 1101, 1994, 2237, 2509, 3256 --Mandatory retirement, exempt certain employees ................._......_...--._._. (No action in 1968) --Notice to certain employees prior to retirement ..................................739, 741, 827, 2991 --Prior service credit .........__......_......__..329, 392, 1101, 1486, 3227 --Prior service; requested to conduct a study __.._._-..--......-1267 --Prior service credit; Armed Forces ..-._-.....-..__..._.._......326, 390 --Prior service credit Armed Services ....._._..__._.._......._...284, 329 --Prior service credit; municipal or county retirement systems ..,,-_.--.-- --------------.-----328, 392 --Retirement allowances; inclusion of interest in computing ..................................324, 389, 943, 2216, 3166 --Retirement benefits prior to January 1, 1967 _.._........328, 392 --Study committee; create .._............-.-.-..._-.--.-----1582, 2704
--Suspension of benefits under certain conditions ...._..._..._.............--.---2086, 2087, 2232
--Transfer of service credits ......292, 336, 986, 2531, 3035, 3072
STATE EXAMINING BOARDS SB 316 --Additional class of applicants ......._1526,1529,1663, 2704, 2967
HB 1169 HR 659
INDEX
3885
--Applicants; additional class __----_--------------651, 727, 939 --Study committee; create ___--.__--_----.___.___...____.__--____.________1264
STATE GAME AND FISH COMMISSION
HB 1289 --Alligator farms; licensing _..__._._...972, 1093, 1165, 1576, 2705
HB 1293 --Alligator hunting and trapping;
open season .
,,.
973, 1094, 1165, 2046, 3411
HR 425-941 --Boating and fishing facilities; motor fuel taxes;
amendment to the Constitution ...____..._...........__......_.__187, 222
HR 415-923 --Create five member Commission;
amendment to the Constitution __--------_......_....----__160, 196
HR 422-932 --Create a new Commission; amendment
to the Constitution __......__....185, 220, 2351, 2686, 3384, 3384
HR 397-912 --Create new Commission; amendment
to the Constitution _.-__..___..__._-...__.___.....__..._....._.......___. 155, 192
HB 1483 --Deer hunting; minors 15 years or younger
prohibited to hunt unless under direct
supervision of adult ......................................IBS?, 1794, 1987
HB 595 --Deer hunting at night;
increase penalty __--------_--__,,__--.--_..__ (No action in 1968)
HR 49-133 --Director shall be elected at the same time
and in the same manner as Governor;
amendment to the Constitution ___._.(No action in 1968)
HB 997 --Outboard motors; certificate of title .___.........__-__.291, 335, 470
HR 786-1643--Reimbursement of certain employees; amendment
to the Constitution .......... 2345, 2558, 2593, 2807, 3427
HB 1302 --Revise laws -.----------------976, 1097, 1165, 2192, 2900, 3171
HR 282 --Study committee _--------_----------------_. (No action in 1968)
HB 998 --Watercraft; maximum capacity _----------__------------292, 335
STATE GOVERNMENT
SB 237 HB 1079 SR 254 SB 384
SR 215
--Alien students; employment -.944, 949, 984, 2704, 3159, 3428 --Discrimination _.._.. _-------._--___.-- __. ....------ 384, 469 --Employment study committee; create ----...-2902, 2904, 2989 --Indebtedness; aggregate shall not exceed
11% of total revenue received -.-.......2707, 2709, 2839 --Indebtedness; amendment to the Constitution --.....2619, 2623
STATE HIGHWAY DEPARTMENT
HR 518-1100--Appropriations; motor fuel taxes; amendment to the Constitution ------------.----459, 498
HB 979 --Automatic signal devices at railroad crossing; procedure for installation _.------_----___--..288, 332, 734, 897
3886
INDEX
HB 994 --Bridges across streams on State line; authority to purchase transferred from State Highway Board _________.________.___.________.._____.291, 335, 987
HB 978 --Claims and obligations against; repeal Act authorizing auditing ______________.___..__287, 332, 734, 2205, 3167
HB 987 --Director; eligibility _.___-.___._-__.__.__.____.289, 333, 734, 1276, 2999 HB 989 --Eminent domain; appeals by owner of land _._..-.____._-290, 334 HR 536-1179--Eminent domain; fair market value;
amendment to the Constitution _,,.....____,,_--_--..653, 729, 1446 HB 991 --Legal expenses _..._._.._...._..._.__...__._..._..._-.290, 334, 734, 967, 1671 HB 992 --Length and weight permits; trucks hauling lumber
and lumber products ___.290, 334, 604, 1116, 1242, 1524, 1729 HB 1322 --Municipal grants .__..__.-_.-..-_.._...-_-_-----.-_~.~.1091, 1161 HB 986 --Public utilities; rules and regulations
relating to removal of equipment ..... ........ 289, 333, 987 HR 320 --Requested to link Interstate 75 at Macon
with Interstate 85 at Commerce ....._.. (No action in 1968) HB 1061 --Rights-of-way; power to grant
permits to utilities _._____.___.___..___-___-_.._.__._.380, 465, 734, 2582 HB 977 --Size and weight limits;
scales ... ..-.-.--._.-._..._.-_.-__....287, 331, 734, 1422, 3000, 3065 HB 974 --State-aid Road Fund; transfer control
from State Highway Board ....._...__.-_.._............287, 331, 734 HB 988 --State-aid system of roads; duties
transferred from State Highway Board __.289, 333, 986 HB 990 --State Highway Board; report
of operations ......_..._........................ 290, 334, 986, 2206, 3167 HB 980 --State Highway Engineer; duties
transferred to State Highway Director ___.._.._____._._.___.._.___..__..__._..288, 332, 734, 1276 HB 976 --State Highway Engineer; traveling expenses incurred in Fulton County ___________ 287, 331, 734 HB 993 --Traffic control devices; conform to specifications .._...._... 290, 334, 734, 2814, 3408 HB 985 --Trucks carrying lumber and lumber products and concrete; special permits ....__289, 333, 474 HB 981 --Unattended vehicles; remove provisions exempting sellers of fruits, nuts and vegetables ....._...._..288, 332, 734, 969, 1675, 1841, 2900 HR 581 --Urge to complete certain highway projects .............._...__..._......_...._...._..._...._........._.781, 1445, 1586 SB 363 --Utility lines; cost of relocating ___.__.__._____.___1805, 1808, 1986, 2087, 2582, 2900
HB 975 --Weight limits; special permits ....... 287, 331, 734, 2203, 3166
STATE INSTITUTIONS AND PROPERTY INCOME PRODUCING PROPERTIES SUBCOMMITTEE
--Interim Study Report .-....,...----..--.-- .,,_........_ 3583
INDEX
3887
STATE INSTITUTIONS AND PROPERTY PORTS SUB-COMMITTEE
--Interim Study Report .... _..._-........,,__-........__-___.,,_.__.-__.__. 3581
STATE LIAISON OFFICE, WASHINGTON, D. C. --Interim Study Report _....___-___....___.__..-_.-..-.__....__..___.____....___ 3521
STATE LITERATURE COMMISSION
HB 1247 HB 703
--Obscene literature; definition __________.___-.____._.___________....878, 937 --Obscene literature; determination of guilt ....... 197, 310, 886
STATE OFFICIALS
HR 609-1296--Certain officials elected in the same manner as the Governor; amendment to the Constitution ______._______.___..975, 1095, 1101, 2056, 3424
HR 677-1458--Change in compensation; amendment to the Constitution .._,,.._.....--1507, 1660, 1665
HB 1229 --Contingent expense allowance ___-__._-.~-~~___~.875, 935, 1665 HB 1102 --Mileage expense allowance ___._.._.____________.490, 599, 1101, 1956 HB 1093 --Mileage expense allowance; increase _..--_.,,--. 458, 496, 509 SB 293 --Salaries; bills affecting must be
introduced during first 10 days of any Session ___._______.__.____________.____.884, 888, 939, 990, 2326 SR 246 --Salaries; study committee _._.--_,,...._.....__._..._.3170, 3216 HB 1423 --Tenure salary increase __...1311, 1444, 1801, 1803, 2332, 2468,
2655, 3226, 3227, 3278, 3284, 3335, 3339
STATE PARKS
HB 1394 --Department of; Director's compensation _____-_____________________.___.______1305, 1439, 1470, 1665
SB 239 --Department of; Director's salary ........____....._._._..._.._.2707, 2709, 2839, 2843, 3316
HR 252-783 --Horseback riding facilities; create committee to study desirability ____._.__ (No action in 1968)
STATE PENAL AND REHABILITATION AUTHORITY ACT HB 1374 --Bond limitation __....._...-........_..-_........__1221, 1314, 1801, 2783
STATE PERSONNEL BOARD HB 456 --Merit System; salary adjustments __(No action in 1968)
3888
INDEX
STATE PLANNING AND PROGRAMMING BUREAU SB 419 --Powers, duties and responsibilities ------.-2902, 2904, 2989
STATE PROPERTY
HB 1506 HB 1498
--Surplus; determination by Supervisor
of Purchases --.--------,,--------------------.1781, 1979
--Surplus; procedure for
disposal _
1780, 1978, 2354, 2667, 3395, 3401
STATE PROPERTIES CONTROL COMMISSION
HR 267-829 --Negotiate for the cancellation of Leases on
the property owned by state at
Peachtree and Cain Streets ....--.___.__.--(No action in 1968)
SR 245 --State Department of Public
Health; transfer of certain
property ..
........... 2707, 2709, 2840, 2841, 3312, 3371
HB 879 --State owned real property; inventorying ---.-129, 163, 171
HB 878 --State Properties Control Code; authorization
to sell as well as lease certain State
property __....._......_.....____....._,,._.._-..___..__..... 129, 163, 943
HR 387-884 --Western and Atlantic Railroad;
accept bid of Louisville and
Nashville Railroad Company - 131, 164, 1165, 1376, 2085
HB 382 --Western and Atlantic Railroad lease .-...(No action in 1968)
HR 737-1616--Western and Atlantic Railroad lease;
amend present lease __..._...._..__ 2075, 2231, 2237, 2516, 3404
HR 673-1450--Western and Atlantic Railroad lease;
jurisdiction .--.--------......----1435, 1515, 1801, 2549, 3403
HR 495-1071--Western and Atlantic Railroad; withhold
lease until "General" Locomotive
has been returned to Georgia .._.----------...383, 467, 1165
STATE REVENUE DEPARTMENT
HB 405
SB 189 HB 1397 HB 406 HB 1204
--Arbitrators; provisions relation to appointment .----.,,------------.-.__--_..(No action in 1968)
--Commissioner; compensation .--,...-.-.............736, 2888, 3002 --Deputy Commissioner Compensation ____1305, 1439, 1665 --Property tax; determination of value --.(No action in 1968) --Tax digests; reevaluation programs;
approval by Commissioner _________..______725, 826
STATE SCHOOL SUPERINTENDENT
HR 609-1296--Elected in the same manner as the Governor; amendment to the Constitution ._..__......_.. ....__..__975, 1095, 1101, 2056, 3424
HB 1423
INDEX
3889
--Tenure; salary increase ....1311, 1444, 1801, 1803, 2332, 2468, 2655, 3226, 3227, 3278, 3284, 3339
STATE SENATORIAL DISTRICTS
SB 207
--Reapportion .__._.. 201, 258, 297, 394, 441, 476, 476, 477, 477, 478, 478
STATE TREASURER
HR 609-1296--Elected in the same manner as the Governor; amendment to the Constitution ..... 975, 1095, 1101, 2056, 3424
HB 1239 --State depositories; deposit of State funds ....___..__.._. 875, 935 HB 1423 --Tenure; salary increase ._ .1311, 1444, 1801, 1803, 2332, 2468,
2655, 3226, 3227, 3278, 3284, 3335, 3339
STATESBORO, CITY OF
HR 902 HB 1568
--High School "Blue Devils"; commend _.........-_......_____.--------..__.___.---._.....____._...._..__.... ... 3213
--Mayor and Councilmen; qualify for elections __..._. _.................__... 1972, 2079, 2235, 2255, 2998
STEINBERG, REV. ROBERT F. --Prayer offered by ......_._._.._..........___.............___.._.._._......_. 213, 283
STEIS, HONORABLE WILLIAM BURTON HR 899 --Commend .....,,-....___.._..........__..___..._.........._......___..__........._.... ___.3210
STEPHENS COUNTY
HB 1599 --City Court Judge's salary ........2072, 2228, 2353, 2403, 3163 HR 603-1280--Convey certain tract of land __.___933, 983, 1801, 2529, 3403 HR 734-1600--Development Authority; create; amendment
to the Constitution _._.._.....2073, 2229, 2236, 2418, 3426 HB 1538 --Development Authority; issue
revenue bonds ................___.........1788, 1984, 1989, 2102, 2848
HB 1539 HB 1535 HB 1537
--Ordinary's salary _.__.__._._.___________.1788, 1984, 1989, 2102, 2996 --Sheriff's compensation __.........._._.1787, 1983, 1989, 2101, 2996 --Superior Court Clerk's salary ....1787, 1983, 1989, 2101, 2996
3890
INDEX
STEPHENS, HONORABLE RONALD D. (RONNIE) HR 760 --Express sympathy for passing of .....______.....,,..--_..._...__...2169
STEWART COUNTY
HB 1482 --Clerk's and Ordinary's fees ..._. 1657, 1793, 1799, 1997, 2615 HB 1500 --Commissioner of Roads and Revenues;
compensation ____________________ 1780, 1978, 1988, 2094, 2846 HB 1485 --Sheriff's salary ___________________1657, 1794, 1799, 1998, 2615 HR 476-1020--Stewart County Industrial Development
Authority; create; amendment to to the Constitution .,,._------_. 325, 390, 394, 537, 1669, 1852 HB 1484 --Tax Commissioner's fees ___________ 1657, 1794, 1799, 1998, 2615
STOCKS (See Banks)
HB 939 HB 934 HB 935 HB 519 HB 520
--Bank common stock; capital notes or debentures __.._.____,,.____-__.--..187, 221, 666, 2059, 3170, 3335
--Capital; international or foreign banking ........___..____..__._____._.__..186, 220, 337, 580, 1166, 1362
--Capital; subsidiary banks ............186, 221, 666, 818, 923, 1296, 2705
--Preference right, assets upon liquidation and distribution ,,.___---- --___,,_. -__.__,, (No action in 1968)
--Stockholders; certain information furnished on request .,,___________--_.____,,_____ (No action in 1968)
STONE MOUNTAIN
HR 442
--United States Postmaster General requested to issue stamp commemorating historic carving ____--___.___._______________.___________________________.___________260, 500
STONE MOUNTAIN JUDICIAL CIRCUIT
HB 1617 HB 1577 HB 1463
--Solicitor-General's salary .._..___-_.._...__._..............._......2076, 2232 --Superior Court Judges' supplemental salaries -----1973, 2080 --Superior Court terms ____.__.__,,.__.__1508, 1661, 1799, 1813, 2846
STONE MOUNTAIN MEMORIAL ASSOCIATION
HB 354
--Change name to Georgia Parks Authority; change membership ,,.--.......__..._.,,.___,,--(No action in 1968)
STREETS HB 814
--Reversions to land when cease to be used for streets .._._.____...._______.___________943
INDEX
3891
STRICKLAND, C. R. HR 159-478 --Compensate ,,___----. .... --.......------. (No action in 1968)
STRIKES HB 1240
--Municipal employees; prohibit strikes -- --------.---- -.----...876, 936, 1292
STRINGER, MRS. VIRGINIA (Frank D.) HR 440 --Commend .-------- --.------------------ -- --.........__.----__...259
SUBPOENAS SB 231
--General Assembly members; subpoenas shall not be issued while in Session .----.........832, 832, 883, 990, 3221
SUMMONS HB 930
--Service by publication; clerk of court may grant ....__......__._.__.__.___.__184, 219, 666
SUMTER COUNTY
HB 161 HB 1126 HB 1127
--Board of Commissioners of Roads and Revenues; Chairman's salary --...---(No action in 1968)
--Board of Education members; election ----__--------.--------------591, 658, 667, 744, 1235
--Clerk of Superior Court, clerks or deputies; salaries --------------------------591, 658, 667, 744, 1235
SUNDAY BUSINESS ACTIVITIES
SB 204 SB 213
--The Common Day of Rest Act of 1968; create ----------------.--_.._------_.-----603, 607, 665, 939
--The Sunday Business Activities Act; provide for exceptions ----..--------1166, 1239, 1315, 1517
SUPERIOR COURTS
SB 324 HB 367
--Alternate jurors may be substituted for original jurors ..............2618, 2622, 2699, 2703, 2953, 3405
--Clerks; appoint as Jury Clerks _------------..----...199, 371
3892
HB 889
SB 246 SB 271
HB 509
HB 1340 HB 1081
SB 260
SB 31 HB 690 HB 925
SB 276
HB 69
HB 691 SB 357
HB 689 HB 566 HB 85
HB 49
INDEX
--Clerks; fees for recording liens, mortgages and deeds .............._.._._..-.....--...-149, 188, 299, 1203, 1244
--Clerks; retirement benefits -...-1991, 1994, 2084, 2237, 2951 --Clerk; retirement benefits; credit for service
in the armed forces _______.____.__..__.___.__._______739, 742, 828, 1521 --Clerks; retirement benefits;
exemptions ,,__._.___._._,,..__.._______._.,,______.._______-__._._-199, 687, 3408 --Clerks; use of microfilm ......----1154, 1223, 1320, 2483, 3168 --Clerks; veterans' discharge certificates;
fees for recording _.._................__...-.._..._.__.385, 440, 469, 829 --Clerks; veterans' discharge certificates;
fees for recording .................__....604, 607, 666, 1520, 2962 --Judges; additional benefits ..____...._.__..._..._-----1099, 3275, 3430 --Judges; compensation .__..._.._......................(No action in 1968) --Judges, Emeritus; annual salary if
70 years or over ,,_____,,.___..______.,,..._.......__.._.._._.,,_..,,.--,160, 196 --Judges, Emeritus; credit for service
in armed forces ._..___..__..-_..___.-..._.__......_.-740, 742, 828, 1990 --Judges' Emeritus; retirement;
credit for service .__.,,................. .............(No action in 1968) --Judges; group life insurance --.._.--..--.(No action in 1968) --Judges; may serve in other Superior
Courts -.._.---..-_..----.....1527, 1529, 1663 --Judges; secretarial service --_____--_,,_____ (No action in 1968) --Notices of appeal ...................................._.(No action in 1968) --Senior Superior Court Reporters' Retirement
Fund of Georgia; establish _____.--_______.___--______.--_______.199 --Superior Court Judges' Retirement System;
create new system ________________________,,______ (No action in 1968)
SUPERVISOR OF PURCHASES
HB 741 HB 1506
--County governments, purchase of supplies ,,______. ___._.,,._______.__.__-._____--.___-__.________..__.__3395, 3396
--State-owned personal property surplus; employment of inspectors --.........,,..-..___.__.__________ 1781, 1979
SUPREME COURT
HR 409-912 --Justices; retirement age; amendment to the Constitution .............._._-...__..__._...___.__..____.__.__._...__..__-.....157, 194
SURFACE MINED LAND USE BOARD HB 969 --Establish _._.__.._._____.____..__._____..285, 330, 605, 709, 1102, 1196
SURVEYORS HB 1559 HB 1321 HB 1508 HB 83 HB 1219
INDEX
3893
--State Board of Registration for Professional Engineers and Land Surveyors; license; certain persons ......_..___....__.._........._.....___..___--1970, 2078, 2594
--State Board of Registration for Professional Engineers and Land Surveyors; examination ....... _.__........_...__.............._...._____.___--______.1091, 1161
--State Board of Registration for Professional Engineers and Land Surveyors; licenses ............... ........__........._._......___._....._.....1782, 1979, 2594
--State Board of Registration for Professional Engineers and Land Surveyors; members' examination .___._..___..___..____________-___.____.__(No action in 1968)
--State Board of Registration for Professional Engineers and Land Surveyors; rosters available upon request .-- .__..-- ................822, 880
SUTLIVE, W. KIRK HR 540 --Commend -____.._._--...___._._._._._-.-__...._.,,____..--.------608
SWAINSBORO, CITY OF
HB 1487
--Corporate limits; municipal elections __..._...._.__......1658, 1794, 1988, 2114, 2995
SYLVANIA, CITY OF
HB 1446 --Sylvania-Screven Airport Authority; create ................__..__...__..._......__.1434, 1514, 1518, 1686, 2358
HR 671-1446--Sylvania-Screven Airport Authority; tax levy; amendemnt to the Constitution _.______1434, 1514, 1800, 1824, 2564
TAGS
(See Motor Vehicle)
HB 1342
HB 932 HB 1171 SB 258
HB 179
--Allow 50^ for mailing to applicants .__......__-........_..........1154, 1223, 1321, 2044, 3412
--Citizens' band radio stations .___......_185, 220, 507, 700, 1806 --Disabled veterans _._..__..__..._._._._._.___.__....-..__...._........_____.651, 727 --Issuance to certain
veterans ---- ..------......604, 607, 665, 760, 939, 2968, 3406 --Issuance to certain disabled veterans ----.(No action in 1968)
3894
HB 839 HB 293 HB 903 HB 137
INDEX
--Reflective material _-.__..._ 20, 131, 137, 201, 1322, 1371 --Special issuance to citizens' band radio stations __--______507 --Special personalized plates -..,.-153, 190, 299, 416, 3273, 3356 --Treated with reflective material _.__,,..__________668
TALBOT COUNTY
HB 1469 HB 1468
--Additional deputies' compensation -___--_-.___-_.-.__1510, 1662, 1665, 1815, 2562
--Tax Commissioner; compensation ..._....._......._........_.1509, 1662, 1665, 1814, 2563
TALIAFERRO COUNTY
HB 1255 HB 1254
--Board of Commissioners of Roads and Revenues; member's salaries ____.928, 979, 988, 1107, 1672
--Sheriff's salary .__.........._..__._-..__...._-..928, 979, 988, 1107, 1672
TALMADGE, SENATOR HERMAN E.
--Address by .-..._..._..,,._-......_.-...._-.....__......,,_.......--.__.---.--..266 --Invite to address General Assembly _--___,,-__26, 145, 265
TAPES HB 867
--Restrict sales ......._._.._.....__-__127, 161, 338
TATTNALL COUNTY
HB 918 --Board of Commissioners of Roads and Revenues; election __.__....159, 195, 198, 225, 737, 2591
HB 1279 --Board of Commissioners of Roads and Revenues; number of members .....___.._......_......._..__......_.....932, 982, 989, 1112, 1526
HB 919 --Board of Education; election of members _._-____--.___..-___-_____159, 195, 198, 225, 737, 2591
HB 1278 --Board of Education; members and districts ____--._.__.___.___________..932, 982, 989, 1112, 1526
HR 484-1037--Industrial Development Authority; create; amendment to the Constitution ___________________.___.375, 460, 507, 544, 1669, 1852
TAXATION
HR 400-912 --Ad valorem tax; assessments; homestead exemptions; amendment to the Constitution _._.__._156, 193
INDEX
3895
HR 736-1611--Ad valorem tax; educational purposes;
exempt persons 70 years of age or over; amendment to the Constitution _______________________ 2074, 2231
HR 524-1104--Ad valorem tax; exemption of properties properties owned by Public utilities; true fair market value ______ 491, 600, 1099, 2220, 3383, 3386
HR 36-104 --Ad valorem tax; exemptions; amendment to the Constitution _____._,,_______________(No action in 1968)
HR 83-209 --Ad valorem tax; homestead exemption; change from $2,000 to $4,000; amendment
to the Constitution _________________________________ (No action in 1968)
HR 537-1179--Ad valorem tax; homestead exemption; $4,000
exemption for persons 65 or older;
amendment to the Constitution _________ 653, 729, 1802, 2784,
3315, 3319
HR 491-1063--Ad valorem tax; homestead exemption;
municipalities; amendment to the
Constitution _.,,__._.._.._
_____________ 381, 465, 1521
HR 434-952 --Ad valorem tax; household and kitchen
furniture; exempt; amendment to the Constitution ....___.___..-,,_,,___ 216, 295, 2627
HB 120
--Ad valorem tax; motor vehicles; classification and method of assessment ____----_._.___.___(No action in 1968)
HB 1059
--Ad valorem tax; motor vehicle dealers; due date __.__,,._________________________________ 380, 464, 1991
HB 1290 --Ad valorem, motor vehicles method of taxation .__,,.._.__----,,_..._. 973, 1094, 1801
HR 139-399 --Ad valorem tax; slum clearance, tax on increased value; amendment to the Constitution __-__-___-__.______________--_------_-- (No action in 1968)
HB 25 --Appraisers; notice to counties of return for year's support for widows when filed in another county ___.___.______________,,...._____.____.__ 947, 3431
HB 1514 --Charitable institutions, agencies of State,
County or municipal government; exempt ______1783, 1980
HB 1413
--Contractors; county and municipal assessments and fees; State contracts ______________ ________________________1309, 1442
HB 757
--County tax digests; postpone one year the statute to see if valuations are uniform between counties ..__.___-__._-____-__--_________ (No action in 1968)
HB 387 --Counties; allocation ________________________________ (No action in 1968)
HR 711-1479--Counties, municipalities; particular tax shall be allocated for local school systems; amendment to the Constitution _____.--_________ ________1656, 1793
HR 191-597 --Educational tax levy; change millage limitation; amendment to the Constitution ___________,,,,.,,_,,____,,________________ (No action in 1968)
HB 899
--Equalized school property tax digest; 1969 shall be the same as 1968 ______ 153, 190, 298, 444, 1449,
2646
3896
INDEX
HB 1041 --Excise tax; amusements; accommodations rented to transients....----376, 461, 1521
HB 885 --Excise tax; exempt motor fuel used exclusively in aircraft motors ....... ______--..131, 164
HB 1341 --Federal Tax Lien Act of 1966; registration ............_------.__.__. 1154, 1223, 1320, 2191, 3412
SB 134 --Federal Wagering Occupational Tax Stamp Act; amend . ._--__--------._.. -- .(No action in 1968)
HB 172 --Gross income shall not include retirement income by persons 65 or over ....._........ -(No action in 1968)
HR 436-952 --Homestead exemption; extend for disabled veterans; amendment to the Constitution __------------ __----.217, 295, 2595, 2798, 3421
HR 405-912 --Homestead exemption; increase; amendment to the Constitution --------_.--------.157, 193
HB 1659 --Income Tax Act of 1931; deductions by self-employed individuals _------------.----.- 2839, 2988
HB 896 --Income tax; additional exemption for dependent students .--..........152, 189, 1521, 2666, 3408
HB 514 --Income tax; Church contributions; additional deduction __...........------... 1321, 2049, 3040, 3088
HB 1357 --Income tax; deductions from gross income; school expenses ....___.--._...........---- 1158, 1226, 1521
HR 86 --Income tax; political contributions --.....(No action in 1968) HB 67 --Intangible personal property; tax levies
upon accounts receivable ----___,,----__(No action in 1968) HR 177 --Intangible Tax Study Committee;
create __...._------_ ......_......--.__...._._.--....___(No action in 1968) HB 1549 --Life insurance companies; tax on
gross direct premiums ....------.1968, 2077, 2701, 2890, 3416 HR 38-106 --Local units of school administration;
allocation; amendment to the Constitution _......--_...----_----.._... ....--... (No action in 1968) HR 702 --Metropolitan Tax Study Commission; create ...----.---------- ... ------....----..........1578, 1800, 2149
HB 152 --Minimum assessment for intangible tax shall be $1.00 .----....--.--..-..----_.... (No action in 1968)
HB 982 --Motor Fuel Tax Law; excise tax; distributors ...._...._.._........._.. 288, 332, 1521, 2308, 2468, 2650
HB 854 --Motor Fuel Tax Law; exempt excise tax _._.._......______......_._.....___..__._--........23, 134, 1321, 2317
HB 1478 --Motor Fuel Tax Law; motor carriers; impose tax for use of streets and highways ___._----------...__ 1655, 1792, 1802, 2670, 3166
HB 124 --Motor Fuel Tax Law; raise gasoline tax to 7$ per gallon ,,.--.... (No action in 1968)
HB 1179 --Motor Fuel Tax Law; refunds to counties and municipalities --.....------...--....653, 729, 1521
HR 425-941 --Motor fuel taxes; appropriated to State Game and Fish Commission for boating
INDEX
3897
and fishing facilities; amendment to
the Constitution _....___....--_.._.._____...___ 187, 222
HR 518-1100--Motor fuel taxes; appropriations
to State Highway Department ._.,,_,,_._________..___. 459, 498
HB 984 --Motor fuel taxes; increase tax if
purchased in other states ....___.....__....._...._........ 288, 333, 1521
HB 627 --Motor vehicles; additional millage;
bonded indebtedness ... _------...._.___..._... (No action in 1968)
HB 259 --Motor Vehicle Ad Valorem Tax Act of 1966;
allow counties to hire additional personnel
to administer
....
668, 1276, 2704
HB 760 --Motor vehicle ad valorem tax; establish
values if held for resale --------__....--.(No action in 1968)
HB 599 --Occupational Tax; equalize ........_._...__.._._. (No action in 1968)
HB 1185 --Occupational or professional; certain
professions ._........._. 655, 731, 1321
HR 666-1435--Peanuts and pecans; tax exemption;
amendment to the Constitution ................___.1432, 1512, 1516
HR 216-712 --Primaries; power of taxation; amendment
to the Constitution ___.__............_._....__._._.(No action in 1968)
HB 1596 --Property assessment; owner may challenge
assessment value by county tax assessor __________ 2072, 2228
HB 1607 --Property classification; grant or
conveyance by any city or county _..___-___ 2074, 2230, 2595
HB 406 --Property; determination of value by
State Revenue Department ______________ (No action in 1968)
HB 910 --Property "fair market value" ______ 155, 192, 2238, 2793, 3164
HB 686 --Property; potential or speculative value
may not be used on returns --__...___........ (No action in 1968)
HB 592 --Property; valuation shall be increased--.(No action in 1968)
HB 1197 --Real estate; exempt certain
instruments __ 657, 733, 1321, 2304, 2468, 2664, 3395, 3396
HB 440 --Returns; late filing of ___.._______.________,,..____(No action in 1968)
HB 258 --Sales tax; allow municipalities and
counties to adopt 1% sales tax ________.._.(No action in 1968)
HR 237-776 --Sales tax; charitable organizations;
exempt certain property; amendment
to the Constitution .._.__.___.__..._......__.___.(No action in 1968)
HB 1071 --Sales tax; counties, municipalities;
monies derived from public
transit facilities ____....____....383, 467, 1521, 2062, 2191, 3234
HB 459 --Sales tax; exempt certain equipment used
directly in manufacture of tangible
personal property _-____________._.........._._.____ (No action in 1968)
HB 1489 --Sales tax; exempt commercially fry and
fingerling channel catfish ........_.....__1658, 1795, 1991, 2810
HB 469 --Sales tax; exempt drugs and food ___......___(No action in 1968)
HB 683 --Sales tax; exempt farm machinery __________....________,,. 3040, 3084
HB 887 --Sales tax; exempt food for human consumption ___.____131, 164
3898
INDEX
HB 123 --Sales tax; exempt gasoline and other
products used as fuel for motor
vehicles _.._.----._----_--_------___..--.--(No action in 1968)
HB 1091 --Sales tax; exempt prescription drugs _...._..__.__.___._-458, 496
HB 1315 --Sales tax; exempt property sold to
private schools _.__.._-.....-.-__.._____1090, 1160, 1321, 1573, 3167
HB 983 --Sales tax; exempt motor fuel ___.....______....._._.......___-.-._ 288, 332
HB 1447 --Sales tax; exempt Planning Commissions --1434, 1514, 1840
HB 846 --Sales tax; exempt sale of food on
premises of private elementary
schools _______.._-_____-.......__..-...__.__.21, 133, 990, 1487, 3168, 3367
SB 314 --Sales tax; exempt shavings and
saw dust from wood used directly
in animal husbandry ......1323, 1324, 1444, 1991, 2954, 3003
HB 1470 --Sales Tax; exempt shavings and sawdust
used for tilling soil or animal husbandry ______ 1653, 1790
HR 597-1247--Sales tax; Holy Bible; suspend ... 878, 938, 1802, 2524, 3403
HB 105 --Sales tax; increase from 3% to 4% .__.____(No action in 1968)
HB 616 --Sales tax; increase from 3% to 4% ______ (No action in 1968)
HR 598-1247--Sales tax; non-profit hospitals; sale of
tangible personal property;
suspend .......___._..._.._-.-.-,,__.....-__ 878, 938, 1802, 2525, 3403
HR 599-1247--Sales tax; non-profit schools;
sales of food; suspend ...._........ 878, 938, 1802, 2527, 3403
HB 1660 --Sales tax; prescription drugs
..-_._.___._...__. 3111
HB 1462 --Sales tax; retail sales; tangible,
personal property ..__.._.____.._____ 1508, 1661, 2089, 2328, 3414
HR 596-1247--Sales tax; suspend certain tangible personal
property purchased outside State .....__..__...... 878, 937, 1802
HR 181-555 --School lunch purposes; amendment
to the Constitution ....__--,,.______--..,,_.......( No action in 1968)
HR 41-131 --School lunch purposes; amendment
to the Constitution ______.--.___.._._-...___....(No action in 1968)
HB 682 --Schools, redemption of property,
certain conditions ............__....-._____......__..._-_..736, 895, 949
HB 1476 --State income tax; Armed Forces
Commissioned Officers ~.____.__-_..._~1654, 1791, 1802, 2535
HR 778 --State Income Tax; create study committee... 2185, 2238, 2449
SB 368 --State income tax; increase exemption
for certain commissioned officers ___________..2617, 2620, 2697
HR 336 --State Income Tax returns study
committee; create ----------__----..----_-(No action in 1968)
HB 1296 --State Income Tax; transfer of property
by corporations ..._....____..__-..._....974, 1095, 1165, 1417, 2705
HB 439 --Tangile property; Fair Market
Value; method of assessment __.._______(No action in 1968)
HB 1629 --Tax Collectors; additional duties _________.._2226, 2347
HB 1264 --Tax Collectors and Commissioners; record
cash collected in cash book within 15 days
after payment is received __________.930, 980, 1099, 1202, 3411
HB 1204
HR 419 HB 1303
HB 1622
INDEX
3899
--Tax digests, reevaluation programs; approval by Commissioner, State Revenue Department .--..725, 826
--Tax structure; create committee to study --_--___--____--~_.169 --Tax on Transfer of Real Property Act;
exempt certain instruments _______-___________________________976, 1097 --Tugboats; annual tax returns;
requirements -_.__-._......-.....__-......-._____.........-2076, 2232, 2237
TAX COLLECTORS
HB 1629 HB 1264
--Additional duties _-._...-_..... _____________..-....__........-...-_.2226, 2347 --Record cash collected in cash book
within 15 days after payment is received ____._..............-___._______...._..__.930, 980, 1099, 1202, 3411
TAX COMMISSIONERS
HB 1264
--Record cash collected in cash book within 15 days after payment is received _.--.......--__._.----__ 930, 980, 1099, 1202, 3411
TAXICABS HB 593
Registration and licensing ___....-.._._--.___ (No action in 1968)
TAYLOR COUNTY
HR 640 --4-H Club; commend _.._...._______.._.._...-__.__.___-..__.__._..-1258 HR 765 --High School Boys' Basketball Team; commend .._......_.2173 HB 764 --High School Girls' Basketball Team; commend ...__-..__..2172 HR 641 --Howard Community; commend -_.----_-___.._.___--...._______.1259 HR 622-1352--Industrial Development Authority;
create; amendment to the Constitution .......______..-..-..-_...._.1157, 1225, 1227, 1339, 2243 HR 642 --Taylor High School Chapter of Future Business Leaders --..___--_._..__._._.._......__..._..1260
TAYLOR, MISS CINDY HR 848 --Commend -______.- _..._.-_-._.^ ....._._.-.-____._-....__..__.___..-. 2912
TEACHERS
SB 247 HB 1103
--Allotment; change provisions ......669, 670, 733, 2234, 2891 --Allotment; Minimum Foundation Program
of Education Act ...._..-.,,-._....--..._490, 599, 986, 1419, 3165
3900
INDEX
HR 793 --Create study committee on compensation,
retirement and ancillary matters ------.-- 2455, 2592, 2754
HB 1180 --Board of three examiners may
classify; certain counties -..__--._--.____--654, 730, 2592, 2805
HB 298 --Declare legally recognized profession__(No action in 1968)
HB 94 --Retirement System; additional member
of the Board of Trustees _--.--_------(No action in 1968)
HB 1021 --Retirement System; adjustment of
post-retirement benefits ....._____....------_ 325, 390, 944, 2955
HR 608-1295--Retirement System; allowances to
beneficiaries; amendment to the
Constitution ....... ......
....974, 1095, 1101, 2480
HB 713 --Retirement System; appointment of
additional members _._..--_--____..--------(No action in 1968)
HB 65 --Retirement System; conditions of membership _._.... 199, 359
HR 142-403 --Retirement System; create for all school
employees; amendment to the
Constitution ------__...... ..............._------_ 199, 314, 1166, 1283
HB 671 --Retirement System; creditable
service, certain cases --------..1445, 2585, 3273, 3310, 3431
SB 266 --Retirement System; credit for
service in the armed forces ------------------739, 741, 828
HB 952 --Retirement System; earnable
compensation, University
System of Georgia ... 216, 294, 2592, 2813, 3371, 3371, 3432
HB 78 --Retirement System; Full service
allowance after 40 years' service ........ (No action in 1968)
SB 14 --Retirement System; leaves of absence.--(No action in 1968)
HB 995 --Retirement System; minimum floor ..............291, 335, 2592
HB 86 --Retirement System; payment of
minimum benefits to certain members _._.....___......__._..... 199
HB 87 --Retirement System; minimum floor
of $5.00 for each year of service
up to 40 years ------_..--------....------(No action in 1968)
HB 1000 --Retirement System; transfer of
service credits ___...------.--..292, 336, 986, 2529, 3035, 3070
HB 1244 --Sick leave; accumulation when transferred .._....._.. 877, 937
HB 1359 --Sick leave; 3 days may be used for
personal leave upon proper notice .-----.1218, 1312, 1319
HR 479-1029--Teacher Certification Poliices Study
Committee; adopt report ..----.--.327, 391, 470, 910, 1804
SR 227 --Teacher Hall of Fame;
provide _._.....------------.2708, 2710, 2840, 2841, 3099, 3431
HB 121 --Teacher Tenure Act; create ----_--__------._----.--------.-.2234
HR 773 --Tenure Study Committee; create .------...-.2181, 2592, 2753
TEACHER CERTIFICATION POLICIES --Interim Study Report ...----._----......__--------..--....3605
INDEX
3901
TEACHER HALL OF FAME SR 227 --Provide _._.___._____._ _.._____________2708, 2710, 2840, 2841, 3099, 3431
TEACHER'S RETIREMENT SYSTEM --Interim Study Report _______.__._._______.__..........__.______._..._.___ ....3469
TELEPHONES
HB 836 HB 1512
--Obscene calls; criminal penalties ___._..___._______.__ 393, 481, 886 --Uniform Commercial Code; secured
transaction; telephone service___ 1659, 1795, 1799, 2193, 3415
TELFAIR COUNTY
HB 1249
--Telfair County Hospital Authority members' appointment ________________ 927, 978, 988, 1106, 1672
TERRILL, DR. L. M. --Prayer offered by ____...._______.............._...____..__________________ 1300
THE COMMON DAY OF REST ACT OF 1968
SB 204 --Create
_______________.603, 607, 665, 939
THOMAS, WALLACE HR 457-1013--Compensate ............____.._.________.__.________323, 388, 1797, 2025, 3422
THOMASTON, CITY OF HB 1004 --Ad valorem taxes; levy _________________ __.___321, 387, 471, 512, 885 HR 459-1013--Board of Tax Assessors; consolidate with Upson County; amendment to the Constitution ...._.........__.___.___.... 324, 388, 472, 526, 887 HR 1006 --Extend corporate limits _.._.._._._.._322, 387, 471, 512, 885 HB 1003 --Thomaston-Upson County Office Building Authority; members ..........321, 386, 471, 512, 885
THOMASVILLE, CITY OF HB 1145 --Board of Education; vacancies ..__.._ 594, 661, 667, 749, 1170
3902
INDEX
THOMPSON, IRENE HR 710-1479--Compensate -........-.._. ..-~......-___.1656, 1793, 2233, 2304, 3425
THOMSON, GEORGE CLARENCE HR 873 --Express sympathy for passing of _____________._.__._______..3047, 3427
THOMSON HIGH SCHOOL HR 394 --Football Team; congratulate .___._..___..__..______...____....--.....____....143
TIFT COUNTY
HB 1326 HB 1209
HB 1449
--Airport Authority; establish ___ 1092, 1162, 1799, 1810, 2560 --Board of Commissioners of Roads and
Revenues; Vice Chairman's offiee._.726, 827, 830, 891, 1807 --Building permits _........-...._......1435, 1515, 1518, 1687, 2357
TIFTON, CITY OF
HB 1047
HB 1046 HB 1045
--Chairman and City Commissioners; salaries __________________..... 377, 462, 471, 514, 885
--City Commissioners; residents ........_._.377, 462, 471, 514, 885 --Police Court; certain provisions ........376, 462, 471, 513, 1104
TIME HB 915 HB 1431 HR 652 HR 580
HB 16 SR 146
--Daylight Savings Time; abolish ......_._-....._......___........__..158, 194, 338, 950, 951, 1025
--Daylight Savings Time; abolish within the State ..............._-_...._--____......_-1430, 1511, 2234
--Daylight Savings Time; delay opening schools if Georgia remains on Daylight Savings Time _________1268
--Daylight Savings Time; Georgia; Georgia Congressional Delegation requested to initiate federal legislation to shorten ..._._.____...._780
--Eastern Standard Time designated for all State governmental agencies ___.__._--(No action in 1968)
--Uniform Time Act; support ................__200, 257, 297, 338
TIRES HB 942
--Black marks on road surface; reckless driving .__..._.......__...._..._...__,,_.._..__._.........214, 293, 507
INDEX
3903
TISSUE BANKS
HB 775 --License required ....--...----..-----------_-.... (No action in 1968)
TITLES HB 51
HB 1421 HB 395 HB 875
--Motor Vehicle Certificate of Title
Act; amend relating to models
antedating 1963 ___..-......-......_................. (No action in 1968)
--Motor Vehicle Certificate of Title Act;
exempt if horsepower 3.5 or less .._....... ____________ 1311, 1444
--Motor Vehicle Certificate of Title Act;
filing of liens
.
__...__.___.____...._.._....._.-__...1100
--Motor Vehicles Certificate of Title
Act; origin of vehicle ... ....129, 162, 299, 611, 1806, 2618,
2618, 2623
TOBACCO SR 154
HR 650
SB 232 HR 896 SR 156 SR 155 HR 649 HR 648
--Acreage allotment; United States Department of Agriculture urged to lower the national yield goal and raise national average ___.___._____._.__740, 742, 828, 1098, 2952
--Acreage allotment; United States Department of Agriculture urged to lower the national yield goal and raise national average _,,--------.--.-..-,,,,..-._.-------..___._._________..1266
--Flue-cured leaf tobacco; licenses to warehouse operators _________________739, 741, 827, 1318, 2953
--Flue-cured; opposing Proposed Marketing Agreement and Order regulating handling _________________3208
--Graders; United States Department of Agriculture requested to publicize procedure to follow _...___.______.........740J 743, 829, 1098, 2952
--Grades; request United States Department of Agriculture to conceal grades from buyers ....______.._...___.___..._._.........740, 743, 829, 1098, 2952
--Grades; request United States Department of Agriculture to conceal grades from buyers ____-_______1266
--Graders; United States Department of Agriculture requested to publicize procedure to follow _--___----------________--_.--_________________1265
TOBACCO SUBCOMMITTEE --Interim Study Report --.-....._..__._.........___.___,,--___________________3612
3904
INDEX
TOOMBS COUNTY
HB 1532
HB 1272 HB 1274 HB 1265
--Board of Education members' election ___._________.___._.__________________1787, 1983, 1989, 2100, 2848
--Officials' salaries _________________._._.931, 981, 989, 1110, 1673 --Sheriff's salary .____.______.___._________________931, 981, 989, 1111, 1673 --Tax Receiver and Collector offices;
consolidate __._.__._.___._______.___.________.._.930, 980, 989, 1109, 1673
TOOMBS JUDICIAL CIRCUIT
HB 1486 SB 388
--Solicitor-General's salary... 1657, 1794, 2593, 2710, 3005, 3074 --Solicitor-General's salary _____.__-_.__._____.__._--__ 2613, 2621, 2698
TORTS SB 214
--Statute of limitations -__-____._669, 670, 733, 1099, 1728, 1799, 2583, 2899
TOURISM--DEVELOPMENT AND PROMOTION OF --Interim Study Report ____..____.________-_________________.________.__..____3623
TOURIST COURTS SB 338 --Georgia Health Code; amend __.__..____.1237, 1241, 1317, 2701
TOURNAMENT OF ROSES PARADE
HR 390
--"Georgia--A State of Adventure"; Congratulations on winning the National Trophy ___._____.___.___.__-.____________..___________..__.139, 257
TOWNS COUNTY
HB 135 --Clerk of Superior Court; traffic law violations _.___.___.--_--_--_--. (No action in 1968)
HR 538-1179--Judge of the Court of Ordinary; State Librarian to furnish certain law books ___.--__653, 729, 990
HR 539-1179--Superior Court Judge; State Librarian to furnish certain law books ,,___--__--______._____.654, 730, 990
TRADE HB 850
--Uniform Deceptive Trade Practices Act; adopt __.________.__-.____._._-.._____22. 133, 337, 483, 1803, 1844
INDEX
3905
TRAFFIC
HR 378-853 --Fines and forfeitures; driver education; allocation; amendment to the Constitution ___._._____.23, 134
HR 781-1631--Governor's Traffic Safety Study Committee; create _____-_-___._._.__-2227, 2348, 2354, 2449, 3426
HR 729-1582--Governor's Traffic Safety Study Committee; create _-_____.._,,._-__.--...___-.-__._~_-_-~.1974, 2081
SR 253 --Governor's Traffic Safety Study Committee; create .__-__.__._~___--__...-__-__.2620, 2710, 2840
SB 417 --Laws; Governor's powers _.______. 2901, 2903, 2988, 3113, 3289 HR 843 --Radar; use by Department of
Public Safety ....-- .. 21, 132, 137, 179, 1234, 1841 HB 999 --Right-hand traffic lane; slow-moving
traffic ..-----_-_..__.---.__ 292, 335, 507, 808, 1667, 2295 HB 993 --Traffic control devices; conform
to specifications _...._._._.__..__.290, 334, 734, 2814, 3408 HB 4 --Use of timing devices and radar
equipment to enforce regulations _...__.--_--___....___--_,,_.__.668 HB 881 --Violations; violation point count
system ... 27, 136, 137, 441, 646, 648, 942, 2825, 3273, 3307
TRAFFIC SAFETY COMMITTEE --Interim Study Report ,,..-_....--._.______________._______._.._____.__.3626
TRAILERS HB 973
--Inspection of Motor Vehicles Act; inspection stickers ..____.._._....__.,,_......._.._..,,__,,.._...286, 330
TRANSPORTATION
HR 586 HR 230
--Amend rules of the House to add a standing committee on Public Utilities and Transportation _______785
--Public Utilities and Transportation; request Speaker to appoint standing committee --_..__-.----_._,,.--,,_.....----.-- (No action in 1968)
TREASURER, STATE
HR 609-1296--Elected in the same manner as the Governor; amendment to the Constitution... 975, 1095, 1101, 2056, 3424
HB 1239 --State Depositories; deposit of State funds ... ... 875, 935
HB 1423
--Tenure salary increase .-1311, 1444, 1801, 1803, 2332, 2468, 2655, 3226, 3227, 3278, 3284, 3335, 3339
3906
INDEX
TRENTON, CITY OF
HB 964 HB 1274
--Eminent domain _------------------.284, 329, 338, 396, 737 --Mayor, Councilmen and Recorder;
compensation ------._------------_ 931, 982, 989, 1111, 1525
TRIALS HB 1116 HB 1115 HB 1230 HB 1259 HB 1280
--Accused may enter a demand for a trial at any time --------------------493, 602, 1990
--Capital offense; accused may enter a demand for a trial at any time ----------.493, 602, 1990
--Civil Practice Act; amend; service of publication .----------875, 935, 1099, 1493, 3384, 3391, 3432
--Grand and traverse jurors; method of selecting ----------------------929, 979, 988, 1108
--Juries, criminal cases; verdict of of guilty or not guilty ----------------------932, 982, 1517
TRIAL JUDGES AND SOLICITORS RETIREMENT FUND
SB 30 --Create --------
. 340, 341, 1099, 2969, 3036, 3237, 3430
TROUP COUNTY HB 924 --Officials; salaries --------------------160, 196, 198, 226, 501
TRUCKS SB 220 HB 424 HB 992 HB 985 SB 109 HB 977
HB 1159
HR 815 HB 975 HB 1319
--Gravel or stone; prohibit from hauling on highways without protective covering--------473, 474, 499
--Hauling gravel, rock, etc.; prohibited on highways without protective cover -- (No action in 1968)
--Lumber and Lumber products; length and weight permits _..._-_. 290, 334, 604, 1116, 1242, 1524, 1729
--Lumber and lumber products and concrete; special permits _.--------------------289, 333, 474
--Refund, certain license fees ..------------(No action in 1968) --Size and weight limits;
scales ----..------.-287, 331, 734, 1422, 3000, 3065
--Transporting of pulpwood; chains or cables ----------------598, 664, 668, 866, 1668, 1995, 2620, 2649, 3001, 3256
--Truck License Study Committee; create --.2638, 2990, 3186
--Weight limits; special permits ---.287, 331, 734, 2203, 3166
--Well digging; annual license fee ----------.1090, 1160, 1800
TRUSTS HR 1043
HB 1042
INDEX
3907
--Residuary bequest or devise, surviving widow; taxes and expenses of administration .--------..--.... 376, 461, 666, 1574, 3167
--Testamentary additions ------.------ 376, 461, 666, 861, 3165
TUCKER, HONORABLE RAY M. HR 759 --Wishing a speedy recovery --.--------_.----._____--__._.--..--2168
TUGBOATS HB 1622
--Annual tax returns; requirements ----...-2076, 2232, 2237
TUNNELL HILL, TOWN OP HB 1269 --City ordinance fine; increase .-...930, 981, 989, 1110, 1525
TURNER, REV. FELIX --Prayer offered by --_------...------___------__--_.---- 5, 19
TURNER, REV. JOHN K. --Prayer offered by _--_.--._.------._--.----..._--__--1216
TWIN CITY, CITY OF
HB 1488
--Municipal elections; registration of voters ------_----_------------1658, 1794, 1988, 2123, 2995
u
UNEMPLOYMENT COMPENSATION LAW
HB 926 HB 758
HB 1554
--Benefit payments if laid off work----..-.----.161, 196, 198, 317 --Board of Review; replace with Employment Security
Agency; Board of Appeals.--.--___--(No action in 1968) --Reduction in contribution rates-.------------..--.__..--.1969, 2077
UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS
(See Motor Vehicles, Highway)
HB 876
--Inspection of Motor Vehicles Act; certificates of inspection --------------_----_--__----_---_....129, 162
3908 HB 973 HB 144 HB 1516 SB 209 HB 841 HB 1069 HB 993
INDEX
--Inspection of Motor Vehicles Act; trailers and semi-trailers -------- -------------------- -.--------286, 330
--Intersections; driving on left side of roadway ------------------------------.(No action in 1968)
--Motorcycles; safety devices __._.---------------__--...1783, 1980 --Speed restrictions on certain highways------.----472, 474, 498,
508, 806 --Speed restrictions; four-lane limited access
highways....... -- .--------------20, 132, 299, 414, 2084, 3357 --State Crime Laboratory; blood and urine
tests ---.---------.---_-------.--.-------,,-----382, 467, 987 --Traffic control devices; conform to
specifications ----------------------..290, 334, 734, 2814, 3408
UNIFORM AIRPORTS ACT SB 124 --Fees to owners of small planes-----.----.--(No action in 1968)
UNIFORM COMMERICIAL CODE
HB 1292
HB 1612 HB 37 HB 1512 HB 1512
--Blood and blood products; implied warranties------------------.--.973, 1094, 1664, 2046, 2705
--Commission merchants, auctioneers; liability of security interest--...----..----._--....1976, 2083, 2236, 2888
--Giving of notice; delivery....--...--.--_...(No action in 1968) --Secured transactions; telephone service; distribution
of electricity ----------------.1659, 1795, 1799, 2193, 3415 --Uniform Commercial Code; secured transactions;
telephone service and distribution of electricity--...-------------------- 1659, 1795, 1799, 2193, 3415
UNIFORM CONSUMER CREDIT CODE
SR 178 HR 296
--Study committee....... -1517, 1527, 1529, 1664, 3012, 3034, 3313 --Study committee ._.__..---------------------- (No action in 1968)
UNIFORM NARCOTIC DRUG ACT HB 1328 --Penalties for violations--.------.----------...1092, 1162, 1664
UNIFORM DECEPTIVE TRADE PRACTICES ACT HB 850 --Adopt-----------------------------22, 133, 337, 483, 1803, 1844
UNIFORM TIME ACT (See Time)
HB 1431 SR 146
--Abolish within the State--------.----------------1430, 1511, 2234 --Support_..------..----------------------.200, 257, 297, 338
INDEX
3909
UNINCORPORATED ORGANIZATIONS OR ASSOCIATIONS HB 1472 --Indebtedness; liability ----------------------1653, 1790, 2592
UNION CITY, CITY OF SB 379 --Incorporate----------.---------------------2242, 2245, 2349
UNION COUNTY HB 1460 --Sheriff's salary.---------.---------1508, 1660, 1664, 1813, 2562
UNITED DAUGHTERS OF THE CONFEDERACY HR 882 --Gordon-Carson Chapter; comend----------------------..--3198
UNITED STATES ONE DOLLAR BILL HR 104 --Motto to be engraved on.------------.--..------567, 760, 3402
UNIVERSITY SYSTEM OF GEORGIA
HR 494-1071--Athletic Associations; include University of Georgia; Georgia School of Technology--------383, 467, 606, 815, 1451
Interim Study Report.......--..--_--_--------------_--------3637 SR 183 --Scholarships; amendment to the Constitution------.2708, 2710,
2840, 2991, 3217, 3431 HB 1062 --Teachers declared legally recognized profession;
remove provisions...--------------...380, 465, 606,*861, 1450
UNIVERSITY OF GEORGIA
HR 563 HR 290
--Express sympathy for passing of mascot Uga-1----...------765 --Student Housing Study Committee;
create..------------------------------------(No action in 1968)
UPSON COUNTY
HR 459-1013--Board of Tax Assessors; consolidate with City of
Thomaston; amendment to the Constitution....----324, 388,
_____
472, 526, 887
HB 1576 --Law Library; funds to establish and __ _ _ ____ maintain.------------------1790, 1985, 2089, 2103, 2848
3910 HB 1003 HB 1007
INDEX
--Thomaston-Upson County Office Building Authority; members----------------321, 386, 471, 512, 885
--Upson-Thomaston Board of Tax Assessors; combine--------.----_------------..322, 387, 605, 671, 1169
URBAN AND MUNICIPAL AFFAIRS, STATE DEPARTMENT OF
HR 414-932 --Create committee to study feasibility of establishing......-...------..----.._-.--160, 196, 394, 2194, 3422
USED CAR DEALERS
HB 898 HB 110
--State Board of Registration; "Established Place of Business" ....--------------------...152, 190, 299, 573, 1166, 1195
--State Board of Registration; membership and appointments _--.__.--.----------__------_--.------_----------.668
V
VALDOSTA, CITY OF
HB 371 --City Court; Judge and Solicitor; method of selecting --------------------.----.-- (No action in 1968)
HR 682-1473--Governing authority; merge with Lowndes County; amendment to the Constitution-.-...--.--.---1654, 1791, 1799, 2002, 2849
VARNELL, CITY OF HB 1268 --Charter------.----.------930, 981, 1100, 1172, 2849, 2924
VAUGHAN, REV. C. E. --Prayer offered by .------._______--.____----..._.--.1965
VAUGHN, HONORABLE CLARENCE R., JR. HR 872 --Highway, designate ------------------------.___-------------3046
VENEREAL DISEASES
HB 1089
--State Board of Education; blood tests to all students prior to entering 8th grade------_-------------------456, 495
INDEX
3911
VETERANS
HR 436-952 --Disabled; extend homestead exemption; amendment to the Constitution-----------------217, 295, 2595, 2798, 3421
HR 156-453 --Disabled; increase homestead exemption; amendment to the Constitution------------------------(No action in 1968)
HB 1171 --Disabled; license plates.-----------------------------651, 727 HB 1081 --Discharge certificates; fees charged by clerks of superior
courts for recording--------------------------385, 440, 469, 829 SB 260 --Discharge certificates; fees charged by clerks of
superior courts for recording------604, 607, 666, 1520, 2962 HB 1049 --Georgia State War Veterans' Home; benefits----------.377, 462 SB 245 --Georgia State War Veterans' Home; redefine
"war veterans"------------------.604, 607, 665, 939, 2665, 3406 HR 263-801 --Homestead exemption; certain exemptions; amendment
to the Constitution--------------------.(No action in 1968) HB 179 --License plates; issuance to certain disabled
veterans------------------------------(No action in 1968) SB 258 --License tags; issuance---------604, 607, 665, 760, 939, 2968, 3406 HB 1170 --State Board of Veterans Service; complete copies of
all records of benefits-----------.651, 727, 829, 904, 3167 HB 1393 --State Department of Veterans' Service; Director's
compensation----..-----.--------1305, 1439, 1470, 1665 HR 654 --United States Congress urged to pass certain
bills affecting----_.---.----_----.---__.1270, 1319, 1586 HB 1048 --World War II; seniority and retirement
rights---.------_-----------------377, 462, 829, 907
VETERAN'S SERVICE OFFICERS' TRAINING SCHOOL HR 332 --Committee to attend at Augusta, Georgia-(No action in 1968)
VETERINARIANS
HB 863 HB 864
--Licenses; educational programs prior tc renewal......-..-.................---..............--------------.25, 135, 1664
--Radiation Control Council; membership----------.25, 136, 298, 1418, 3166
VIDALIA, CITY OF HB 1518 --New Charter; create--------1784, 1980, 1988, 2097, 2899, 3051
VITAL RECORDS
SB 286
--Birth certificates; certified copies, governmental agencies.-------------------------------------670, 670, 733, 987
3912 SB 287 HB 1253
INDEX
--Birth certificates; name change; issuance of new certificate------.-------------------670, 671, 733, 987
--Department of Public Health; increase fee of local registrars-----------------------------. 928, 978, 987
VOTING (See elections)
SB 304 HB 771
HB 1178
HB 1051
HB 315
HB 1055
HB 1052
HB 134
HB 253 HB 28
HB 1189
HB 1087 HB 1172
SB 151 SB 76
HB 429 HB 1155
HB 1313
SB 181 HB 1054
HB 638 HB 271
HB 1023
HB 1053 HR 653
--Automatic recount of votes cast------2706, 2708, 2839, 2845 --City employees presiding as manager of election;
repeal act prohibiting--------------------(No action in 1968) --Conventions; regulations governing conduct---- 652, 729, 736,
1470, 3039, 3084 --Deputy Registrars -------- 378, 463, 509, 630, 2563, 2641, 2899,
2922, 3034, 3169, 3175 --Disqualification lists; file with election registrars
and Secretary of State----.----------.-- (No action in 1968) --Election districts; number of electors--------379, 464, 508, 616,
1234, 1365, 1528, 1865, 2242, 2314, 2339 --Electors; additional methods for casting
vote--------------------------378, 463, 508, 621, 1322, 2190 --General elections; prohibit voting of a straight
party ticket..-__--------------_----.------. (No action in 1968) --Georgia Election Code; amend------------(No action in 1968) --Georgia Election Code; unlawful campaign practices;
literature------------------------------(No action in 1968) --Machines; designating letter or number of
the counter ---------------------------------- 655, 731, 736, 1870 --Municipal elections; eligibility----.....456, 495, 736, 1293, 2566 --Municipal elections; public notices outside all
polling places--------------------------------.651, 728, 2237 --Municipal primaries---------------------.669, 1116, 1872, 3406 --Nomination petitions; candidate shall pay
cost.----,,..----------------------------------(No action in 1968) --Nomination petitions; costs incurred------(No action in 1968) --Nomination petitions; presidential electors-----596, 663, 669,
796, 3167 --Nomination petitions; presidential electors ...----1089, 1159,
1228, 2325 --Notice of candidacy by incumbent.----------.509, 636, 704, 798 --Notice of candidacy; 60 days prior to General
Election........--.--------------------.379, 463, 508, 628, 1234 --Party registration ------------ ------..---- (No action in 1968) --Party registration, voting machines; provide
for------..----_----------.----.--------.----_-- (No action in 1968) --Petitions to nominate candidates; filing of.------326, 390, 508,
614, 1803, 2189 --Presidential electors; procedure------378, 463, 508, 623, 1450 --Presidential Elections; United States Congress requested
to provide proportional counting of electoral vote ....--....-.----------------.------------.--------.----1269, 1449
INDEX
3913
HB 539 --Presidential and vice-presidential elections; residence requirements--------------.-----(No action in 1968)
HR 216-712 --Primaries; power of taxation; amendment to the Constitution------------------------------(No action in 1968)
HB 75 --Solicitation of votes; unlawful in or near polling places.---------------------------------(No action in 1968)
HB 546 --Student's voting rights; appraisal at age 17----470, 867, 3170 SB 359 --Unlawful campaign practices; prohibit--------1527, 1529, 1663,
1990, 2965, 3406 HB 1056 --Vote recorders; number required------,.379, 464, 508, 622, 1235 HB 837 --Vote recorders; vote party ticket or for
individuals----------------------------(No action in 1968) HB 248 --Voter registration requirements, certain
elections--------___--_.----------.509, 638, 1238, 1367, 1740 HB 483 --Voting machines and vote recorders; voiding of
votes.-------.---------------------------------(No action in 1968)
w
WALKER COUNTY
HB 1543
HB 1270 HB 1552
--Board of Education member's election.-------1788, 1984, 2088, 2105, 2848
--Pox hunting; illegal methods--------931, 981, 986, 1575, 2994 --Rural Water and Sewer Authority; members'
appointments--------------1969, 2077, 2089, 2251, 2997
WALKER, WENDELL HR 435-952 --Compensate-..----------------------217, 295, 1797, 2024, 3421
WALL, DONALD L. HR 720-1522--Compensate .,,___.----------.------------------------------1785, 1982
WALTON COUNTY
HB 968
--Board of Education; members' election.----285, 330, 338, 396, 737, 3279, 3341, 3347
WAMBLE, DR. G. HUGH --Prayer offered by --,,.__,,___.____..._._----__----1777
3914
INDEX
WAR VETERANS
HB 1049 SB 245
HB 1048
--Georgia State War Veterans' Home; benefits------.377, 462 --Georgia State War Veterans' Home; redefine
"war veterans"....--..-...----604, 607, 665, 939, 2665, 3406 --World War II; seniority and retirement rights..--.....377, 462,
829, 907
WARE COUNTY
HR 730-1585--Consolidation with City of Waycross; amendment to the Constitution...----..----.----.1975, 2082, 2235, 2282, 2850
HR 782-1631--Sheriff's responsibility, United States Criminal Laws; amendment to the Constitution ------ 2227, 2348, 2702, 2718
WARE, HONORABLE J. CRAWPORD HR 591 --Congratulate -------- -- --------------------.----------------858
WAREHOUSE ACT HB 697 --Bond requirements for fungible goods.....--(No action in 1968)
WAREHOUSES HB 936 --Bank loans
........ 186, 221, 337, 581
WARM AIR HEATING
HB 18
--Board of Examiners; members' qualifications.--....----..-----,,-----..------..-- (No action in 1968)
WARNER ROBINS, CITY OF
HB 1639
--Mayor and Councilmen; compensation.._...-- 2344, 2353, 2557, 2595, 3402
WARRANTIES
HB 1030 HB 855
--Express or implied; increases class of persons other than buyer that may benefit....-..--------327, 391, 666, 794, 2706, 2738
--Motor vehicles; defects and imperfections--23, 134, 941, 1201, 1517
WARRANTS SB 57 HB 911
INDEX
3915
--Dispossessory; relating to property removed------..----..------739, 741, 827, 1227, 1233
--Landlords; number of days' notice.---155, 192, 393, 786, 2614
WARREN, CITY OF
HR 739-1616--Industrial Development Authority; create; amendment to the Constitution------...2076, 2232, 2236, 2435, 3314, 3346
WARREN COUNTY HIGH SCHOOL HR 391 --Football Team, Coaches; commend----------------------.140
WASHINGTON COUNTY
HB 1399 HB 1459 HB 1515
--Airport Authority; create--------1306, 1440, 1447, 1550, 2561 --Sheriff's compensation--..----1507, 1660, 1664, 1812, 2616, 2930 --Superior Court Clerk's salary.----1783, 1980, 1988, 2096, 2847
WATER HB 786 HB 1330 HR 798
--Land and Water Conservation Fund Act; create within State-------------------------(No action in 1968)
--State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators; create--.1093, 1162
--Well drillers; create committee to study regulations---.. ------------------------.--.2460, 2703, 2756
WATERCRAFT
HB 998 HB 997 SB 325
--Maximum capacity; State Game and Fish Commission --__.-.----.----------_.----_.----------------.292, 335
--Outboard motors; certificate of title; State Game and Fish Commission----------.------_--------.291, 335, 470
--Torts; owner's liability.--..------.2617, 2622, 2699, 2701, 2978
WATER RESOURCES PLANNING AND COORDINATING ACT HB 397 --Create----_.-------------.--.------------.-(No action in 1968)
WATER WELLS HB 1167 --Drilling regulations.--,--------------..------650, 727, 1664, 2060
3916
INDEX
WAVERLY HALL, TOWN OF
HR 727-1560--Development Authority; create; amendment to the Constitution------.--------1970, 2078, 2089, 2279, 2851, 2936
HB 1651 --Mayor and Council; term of office----.2589, 2696, 2702, 2861, 3419
WAYCROSS, CITY OP
HR 730-1585--Consolidation with Ware County; amendment to the Constitution--------------------....1975, 2082, 2235, 2282, 2850
WAYNE COUNTY
HB 1392 --Board of Commissioners of Roads and Revenue; members' terms of office...--.1305, 1439, 1447, 1549, 2357
HB 1391 --Board of Education; members' election..-----1304, 1438, 1447, 1549, 2358, 2640
HR 715-1515--Convey certain real property....--1783, 1980, 2237, 2479, 3404 HB 732 --Sheriff and deputies; compensation...--__..(No action in 1968) HB 1400 --Superior Court Judge; empanel grand
jury--------------------------1306, 1440, 1447, 1550, 2995
WAYNESBORO, CITY OF HB 847 --Judge and Solicitors salary----__.----_____.. ..21, 133, 137, 165, 500
WBML RADIO HR 886 --Expressing appreciation.------------.--.-----------...------.--.3201
WEAPONS (See Firearms)
SB 240
HB 856
HR 774 HB 857
HB 865
HB 866 HB 1438
HB 1094
--Discharging firearms on Sunday; allow under certain circumstances-------------- 669, 670, 733, 2234, 3151
--Firearms and ammunition; identification of persons qualified to acquire or possess------------------24, 135, 736
--Firearms safety study committee; create-.... 2182, 2593, 2630 --Firearms; unlawful sale and possession; define
offense-----------------------------------24, 135 --Firearms; unlawful to possess during attempt
to commit .----------------------25, 136, 606, 804, 2706, 2735 --Firearms; unlawful possession during riot------25, 136, 1100 --Georgia Firearms and Weapons Act;
create __ 1432, 1513, 1517, 2201, 2209, 2209, 2293, 2674, 3413 --Permits to acquire; provide for--------------------------458, 497
INDEX
3917
WEBB, HONORABLE J. TERRELL HR 145-411 --Seat in House of Representatives.---------(No action in 1968)
WEBSTER COUNTY
HB 1428 --Commissioner of Roads and Revenues; salaries--------------------.-1430, 1511, 1664, 1688, 2357
HR 668-1435--Industrial Development Authority; create; amendment to the Constitution--------1432, 1512, 1665, 1696, 2245, 2394
HB 1429 --Private property; remove public nuisance----------1430, 1511, 1664, 1688, 2614
WELCH, DOUGLAS HR 635 --Express sympathy for passing of------ --------------------1248
WELLS HB 1319
HB 1167 HR 798
--Trucks used for well digging purposes; annual license fee.------------------------------1090, 1160, 1800
--Water; drilling regulations------------------650, 727, 1664, 2060 --Water well drillers; create committee to study
regulations--.---------------------------2460, 2703, 2756
WEST POINT, CITY OF HB 1434 --Sale of certain property --.----1431, 1511, 1518, 1683, 2561
WESTERN AND ATLANTIC RAILROAD
HR 133-383 --Accept offer of Louisville & Nashville Railroad Company to lease------------------------(No action in 1968)
HR 709-1479--Approve amendment to lease contract between Western and Atlantic Railroad Commission and City Center, Inc.------------------1656, 1793, 1801, 2543, 3404
HR 387-884 --Louisville and Nashville Railroad Company; accept bid-----------------1------131, 164, 1165, 1376, 2085
HR 126-313 --To propose lease transaction.-------------(No action in 1968) HR 737-1616--State Properties Control Commission; amend
present lease--------.--------------2075, 2231, 2237, 2516, 3404 HR 673-1450--State Properties Control Commission; jurisdiction
of new lease------------------1435, 1515, 1801, 2549, 3403 HB 382 --State Properties Control Commission;
-----.-------------------------(No action in 1968)
3918
INDEX
WHEELER, HONORABLE PETE HR 698 --Commend ..................................... ........ .......... .....1597
WHIGHAM HIGH SCHOOL HR 874 --Boys' Basketball Team; congraulate---.-----..._..--3191
WHITAKER, MRS. DAPHNE HR 427-941 --Compensate...----_.__..._..._.___.--__.._._--_188, 222, 2233, 2300, 3421
WHITE COUNTY
SB 401 SR 164
--Commissioners of Roads and Revenues; State depositories----------..-----._---.2613, 2621, 2698, 3112, 3115
--Ordinary; furnish certain law books.--.........741, 743, 829, 990
WHITE, E. C. HR 410-917 --Compensate--..................----------------158, 194, 1798, 2023, 3422
WHITE, MRS. VONCEILLE T. HR 108-252 --Compensate-- ............................. 2233, 2298, 3419
WHITE, REV. HUBERT A. --Prayer offered by _______________.--------...------------..------819
WHITE, ROBERT H. HR 510 --Commend _..____.._...._...._...__._...__......................___...____........_.........__422
WHITESBURG, TOWN OP
HB 1368
--Mayor and Council; election date--...-1220, 1313, 1988, 2091, 2845
WHITFIELD COUNTY
HB 1251
--Board of Commissioners of Roads and Revenues; compensation----------------------927, 978, 1100, 1171, 1672
INDEX
3919
HR 670-1440--Dalton-Whitfield County Development Authority; create; amendment to the Constitution.--.......___..1433, 1513, 1519, 1715, 2244
HB 1504 --Tax Commissioner; compensation..!781, 1978, 1988, 2095, 2847 HB 1503 --Sheriff, Clerk and Ordinary;
compensation------------------1781, 1978, 1988, 2095, 2847
WILBANKS, CAPTAIN HILLIARD A. HR 588 --Honor ._.._....._...._...._.._._......._._...___..._....._......_........__.-....._.._._.._..._..855
WILD DOG STUDY COMMITTEE HB 870 --Create .___.-...-_...._......___.........._......._._..__-..-_._......._.._...3048, 3113, 3190
WILLIAMS, W. M. (BILL) HR 446 --Congratulate __.._..._..._..._.._-...._...-_-....._._.._-...._.___........___....._.___......263
WILLIAMSON, MRS. FRANCES J; WILLIAMSON, JAMES M. HR 555-1216--Compensate __,,__..___.___._..____________,,_____._,,.______._____..___.______.__-.821, 880
WILKES COUNTY
SR 193
HB 1362 HB 1521
--Conveyance of certain State owned
property ............_...___......... 1102, 1106, 1164, 1989, 2134, 3406
--Ordinary's salary _.----_._------....1218, 1312, 1319, 1452, 2239
--Superior Court deputy clerk;
compensation
. _ .. 1784, 1981, 1988, 2098, 2847
WILLS (See Estates, Practice & Procedure, Courts)
HB 7 HB 1132 HB 897 SB 371 HB 1031 HB 1043
--Charitable, religious and educational organizations; limit amount of estate left to ........----(No action in 1968)
--Death of a husband intestate; wife's application for dower ....._ ,,_ __ 592, 659, 830, 919, 1803, 1859
--Minors; bond requirement of guardian ....___.._._.._.__-._..........-...._..152, 190, 339, 646, 2566
--Minors; property conveyances; consensual transactions, 18 years of age or older _________________._______.______1805, 1809, 1986
--Property appraisement; filing of request .--,,.._._........---..-.328, 392, 606, 817, 3164
--Residuary bequest or devise, surviving widow; taxes and expenses of administration _----___----______._______.376, 461, 666, 1574, 3167
3920 HB 1042 SB 332 HB 868
INDEX
--Trusts; testamentary additions ._-.__.____.___._-_..___-__-____-___....... 376, 461, 666, 861, 3165
--Widow's dower; how barred ___._________._~.___1168, 1240, 1316, 1990, 3216, 3429
--Wife's estate; debts of husband ____-------________..__127, 161, 988
WILSON, HONORABLE EDGAR H. HR 787 --Commend .___.______._______._______-____________________._____._-_______--.___-__-__-.2450
WINE HB 1583
--Airports; authorize sale within boundaries ....________._____._...______.____ 1974, 2081, 2090, 2306, 2848
WINSTON, OROON D. HR 388-885 --Compensate _______._________.._.,_._....._.__.,,_. _._____.________..__.___._._____131, 164
WISHAM, LEE HR 183-555 --Compensate __________-._________._.____..-.__.__._-..._.__-._.___1797, 2021, 3420
WMAZ RADIO AND TV HR 851 --Expressing appreciation _.-_..-_____._______--_- 2913
WOMEN HB 1198
--Equal Pay for Women Act of 1966; amend ________ _..____657, 733, 940, 1286, 3170, 3250, 3315, 3324, 3342, 3382, 3383, 3389, 3433
WOOD, REV. MILTON L. --Prayer offered by _..________._______.____._______.______..__..__.....___..___.__-- 2694
WOODBINE, CITY OF
HR 619-1345--Development Authority; create; amendment to the Constitution _______ __..___._ _.1155, 1224, 1227, 1322, 2244
WOODLAND, CITY OF
HR 545-1196--Development Authority; create; amendment to the Constitution _______________ 657, 732, 735, 851, 1669, 1856
HB 1194 --Election date; change ____.___._____.._....__.657, 732, 735, 836, 1236
INDEX
3921
WORKMEN'S COMPENSATION
HB 1401
HB 957
HB 80 HB 943
HB 746
SB 203
HB 861 SB 221 HB 1550
--Base period employers; separation notices ...------ ..----------.---- .--1306, 1440
--Counties; full-time employees ----_.------------218, 296, 941, 1292, 3334, 3342
--Define "injury" and "personal injury" .-- (No action in 1968) --Hearings; compensation agreements _,,___--__________________214, 293 --Interim Study Report __...___...-.__.-- --_---- ....3650 --Investigation and determination of injury;
time allowed for report .------------..... (No action in 1968) --Review of settlements;
procedure ---- __------------ .------..200, 258, 297, 987, 1115 --Settlements; procedure for review ._......___....24, 135, 198, 279 --Sheriffs and Deputy Sheriffs .......................A99, 511, 603, 831 --State employees; insurance ----..--.......1789, 1985, 2233, 2581
WORTH COUNTY
HB 1088 HB 1256
--Clerk of Superior Court; collect fines ----------.---.----------.456, 495, 507, 672, 1169
--Ordinary's salaries; effective date ----------..---- 928, 979, 988, 1108, 1525
WORTHLESS CHECKS HB 1329 --Felony to pass if more than $300 ----..----.....1092, 1162, 1228
WRECKING COMPANIES
HB 1022
--Disposition of motor vehicle after 6 months' custody ------------------.----........... 325, 390, 831, 900, 2086
WRIGHT, HORACE HR 509 --Express sympathy for passing of _--_----.----------...----421
WRIGHTSVILLE, CITY OF
HB 1201
--Mayor's court recorder; appointment ------------...----.....725, 826, 830, 890, 1237
WYLIE, MRS. EMILY HR 556-1216--Compensate ----------__------------------------------.---- 821, 880
3922
INDEX
PART II
HOUSE BILLS
HB 4
HB 5
HB 7
HB 8
HB 15 HB 16
HB 17
HB 18
HB 19
HB 20
HB 22 HB 23
HB 25
HB 28
HB 33
HB 36 HB 37 HB 38 HB 42
HB 44
HB 49 HB 50 HB 51
HB 65 HB 67 HB 69
--Timing devices and radar equipments; use to enforce traffic regulations --------...----___...-------- 668
--Criminal Code of Georgia; revise, supersede and consolidate ........---.------------18, 27, 146, 171, 3169, 3293
--Estates; limit amount left to charitable, religious and educational organizations -------------------(No action in 1968)
--Chatham County; Commissioners and Ex-officio judges; filling vacancies --.--.--........--......----...-- (No action in 1968)
--Motorcyles; crash helmets required ----------(No action in 1968) --Eastern Standard Time; State
governmental agencies ...._,,.____----___---- (No action in 1968) --Public School Employees' Retirement System;
create _._--....... ----------------------..(No action in 1968) --Warm Air Heating; Board of Examiners;
members' qualifications --------------------(No action in 1968) --Attorney's fees; method of giving notice for
collecting ----------__--------------------.------------_--------.. 1282 --State Employees' Retirement System; Georgia
Cooperative Services for the Blind, Inc. .-- (No action in 1968) --Tangible personal property; larceny __--------_.------------------ 989 --General Appropriations Act;
highway contracts ----------------.----(No action in 1968) --Appraisers; notice to counties of return
for year's support __..-- .-- -.------------------. --.----.947, 3431 --Georgia Election Code; unlawful campaign
practices --._. ----..---- .------------....---- (No action in 1968) --Minimum Foundation Program of Education Act;
Assistant Principals ----_....--------------(No action in 1968) --Income tax; political contributions ----------(No action in 1968) --Uniform Commercial Code; giving of
notice; delivery ___--.------------------------(No action in 1968) --Criminal cases; instructions to jury ----------.(No action in 1968) --Insurance Code of 1960; cancellation of
policy ------_.------ ------------_------------(No action in 1968) --Law enforcement officers; immunity from civil
liability for assistance ------_.._._.------------...._....-------- 471 --Superior Court Judges' Retirement System;
create new system --------------.----------(No action in 1968) --Publications; magazine wholesalers ----------....--.--------.2851
--Motor Vehicles Certificate of Title Act; models antedating 1963 ------------------(No action in 1968)
--Teachers' Retirement System; membership ----------------199, 359
--Intangible personal property; taxation ----(No action in 1968)
--Superior Court Judges' Emeritus; retirement ...._.......--.._.....--...--...--...__------ (No action in 1968)
HB 74 HB 75 HB 76
HB 78
HB 80
HB 81
HB 83
HB 85
HB 86 HB 87 HB 94
HB 105 HB 108
HB 110
HB 118
HB 119
HB 120 HB 121 HB 123 HB 124
HB 126
HB 130
HB 134
HB 135 HB 137 HB 139 HB 140
HB 144 HB 145 HB 146
HB 152
INDEX
3923
--Marriage license; minors ------------------(No action in 1968) --Elections; solicitation of votes --------------(No action in 1968) --Atlanta, City of; Fire Department
pension benefits ---------------------------- (No action in 1968) --Teachers' Retirement System;
40 years' service --------------------------(No action in 1968) --Workmen's Compensation; certain
definitions --_..--_.----___.--__..----.----..---- (No action in 1968) --State Employees' Retirement System;
creditable service ----_----.__------------..------------------------ --State Board of Registration for Engineers and Land
Surveyors; members _----_-------------------- (No action in 1968) --Senior Superior Court Reporter Retirement Fund
of Georgia; establish _----_----__------._.__--.__......__...____..---- __ 199 --Teachers' Retirement System; minimum benefits ,,_._..--_______--199 --Teachers' Retirement System; minimum floor _--.._----.--------. --Teachers' Retirement System;
Board of Trustees -------------------.------(No action in 1968) --Sales tax; increase from 3 to 4% --..--.---- (No action in 1968) --Georgia Home Improvement Act;
create ----------------------------.........----.-- (No action in 19tS) --State Board of Registration for Used Car Dealers;
membership --........__..--.._.--.--------_.----..--.__..---.----__..--668 --Lysergic Acid Di Ethylamide (LSD) ;
regulate ------------------------------------ (No action in 1968) --Highway contracts; negotiation of contracts
with municipalities -------------------------------- --.._..-- 1445 --Motor vehicles; ad valorem tax ----------------(No action in 1968) --The Teacher Tenure Act; create --.__..--------__...--_....__..__._--_._.2234 --Sales tax; exempt gasoline ------------------(No action in 1968) --Motor Fuel Tax Law; raise gasoline tax to
If per gallon ,,..._..,,___..._----------------------.(No action in 1968) --Non-Resident Motorists Act;
service of process ------------..------------(No action in 1968) --Office of Public Defender;
establish for indigents --------------------...26, 348, 2851, 2937 3006, 3106, 3107, 3349, 3432
--Georgia Election Code; straight party ticket _--------_.----__--_----___(No action in 1968)
--Towns County; Clerk of Superior Court .--....(No action in 1968)
--License plates; reflective materials ----____--------____----------_ 668
--Driver's license; expiration date ------------(No action in 1968)
--Driver Education Course; high school curriculum __ ------ __----. ____-------- ... (No action in 1968)
--Intersections; driving left side of roadway --(No action in 1968)
--Divorce; conduct of both parties ----------------(No action in 1968)
--Divorce; incurable insanity grounds for total divorce ------____. ------------______-------------- 199, 370, 410
--Intangible Property Tax; minimum assessment .------.--------------------..._--..(No action in 1968)
3924
HB 153 HB 161
HB 172
HB 173
HB 174 HB 179 HB 180 HB 186 HB 191
HB 192
HB 193
HB 211
HB 213
HB 216
HB 217
HB 218
HB 220 HB 226
HB 240 HB 241 HB 244
HB 245
HB 246
HB 248
HB 250 HB 252
HB 253 HB 255
HB 258
HB 259
INDEX
--Court Costs; payment of jurors --------------------------------990 --Surnter County; Board of Commissioners;
salaries ------------------------------.--------(No action in 1968) --Federal Civil Service Retirement Law;
gross income --------------------------------(No action in 1968) --Blood-alcohol test; percentage for
presumption --.___--------------___----------(No action in 1968) --Drivers' license; warning tickets ------------(No action in 1968) --License plates; disabled veterans ------------(No action in 1968) --Public buildings; physically handicapped ----.----------508, 865 --Lovejoy, Town of; repeal corporation laws --(No action in 1968) --DeKalb County; Board of Commissioners'
election ------___--_------_--__------------------(No action in 1968) --DeKalb County; Board of Education;
members' terms ----------------------------(No action in 1968) --DeKalb County; Board of Education;
members' election _________-------------------- (No action in 1968) --DeKalb County; County-Manager form
of government ----------------------------(No action in 1968) --Alcoholic beverages; minors; unlawful to
falsify age -.__..----------------------------------------_._..------1802 --Orthotists and Prosthetists Practice Act;
create .--....--.___..----_..____----------_----__----_......----__.......----2841 --Motor vehicles; children under 10 in parked
vehicle unlawful ----------------------------(No action in 1968) --Chatham County; apportionment, House of
Representatives -----------_----------------(No action in 1968) --Non-resident plaintiffs; deposit ----_------_.__.---------- 942, 1210 --East Point, City of;
corporate limits --------------------------.(No action in 1968) --Insurance; lenders on real property ------------------------ 942 --DeKalb County; official organ ----------------(No action in 1968) --Insanity; authorization for medical
treatment --..._----.--._----_------------------_(No action in 1968) --Alcoholic beverages; minors; unlawful to
possess .......... ----_------------_----_----....(No action in 1968) --Dalton, City of; occupational
license tax .... .____. --..._.--._.__.--......--_._._------------ 567
--Georgia Election Code; voter registration requirements ..... _______.------_____ ---- 509, 638, 1238, 1367, 1740
--DeKalb County; bond procedure ----___-1319, 1324, 2900, 3082
--Planning Commissions; unincorporated territory _____----... ____________.--------------_------(No action in 1968)
--Georgia Election Code; amend ----------------(No action in 1968)
--Georgia Higher Education Assistance Corporation; use of State funds by banks ------------------(No action in 1968)
--Sales tax; \% sales tax by counties and municipalities -_----.___.------___... ----------_.__ (No action in 1968)
--Ad valorem Tax Act of 1966; additional personnel ........___...--------------_--------..668, 1276, 2704
HB 260
HB 271 HB 272 HB 274 HB 276 HB 277 HB 281
HB 282
HB 291
HB 293 HB 294
HB 298
HB 301
HB 303 HB 304 HB 308
HB 311
HB 314 HB 315
HB 325 HB 329
HB 330 HB 331
HB 335 HB 353
HB 354
HB 360
HB 362
HB 367
HB 371 HB 373 HB 380 HB 381
INDEX
3925
--Prisoners; allowed to enter into certain contracts ----...----__----------------------(No action in 1968)
--Georgia Election Code; party registration _..._.(No action in 1968) --Ordinaries; fees allowed, certain services ----(No action in 1968) --Revenue Bond Law; interest rates --_._------------....__ 2084, 2396 --Abandoned vehicles; power to remove ------(No action in 1968) --Searches and seizures; illegally seized evidence ------.------199 --Abortion; additional exceptions ----.704, 800, 869, 959, 1029, 1862
1991 --Public Service Commission; radio common
carrier corporations __.------_------------.----(No action in 1968) --State Employees' Retirement System;
mandatory retirement --------_------_-------- (No action in 1968) --License plates; citizens' band radio stations ----------------507 --Collection agencies; licensing and
regulation ----------____. .... ,,_------______ (No action in 1968) --Teachers; declared legally recognized
profession ----__----.------------------------(No action in 1968) --Deed; conveyance of land; address of
maker -- ----.__-. ... _--------_------ (No action in 1968) --Atlanta, City of; building ordinances --------(No action in 1968) --Drivers'license; suspension; deposit __.....--______ (No action in 1968) --Drivers' license; suspension;
notification __------__----_--------------___----.(No action in 1968) --Interstate Compact on Juveniles; State shall be
party to _.____.___.___.--..___------------____--.---- (No action in 1968) --Driver Education Course; minor must complete ------------.1800 --Georgia Election Code; disqualification
lists -- ------------------_______--_----___-------- (No action in 1968) --Court; civil cases, advance court costs .------------199, 279, 2298 --Barbers; certificates of registration as master
barber ------_------__..._._.___..___._.___..__-.___...--_____---- 2234, 2540, 3407 --County Superintendents of Schools; classification _________________ 671 --Minimum Foundation Program of Education;
professional personnel --_------__-----------.__..__._. ___.___. 671 --Deeds; recording--____-_._--------.--------------(No action in 1968) --Jekyll Island-State Park Authority Act;
change name ------------------------------..(No action in 1968) --Stone Mountain Memorial Association Act;
change name .------ .--._____------------(No action in 1968) --State Depository Board; Georgia Higher
Education Assistance Corporation --------.(No action in 1968) --Clayton County; Superior Court
Clerk's duties --___...--_._.____.--------___--...__.___.--_..--____.----1168
--Superior Court Clerks; appoint as Jury Clerks ._.... --..__.--........__------____.___----._._.___--------199, 371
--Valdosta, City of; City Court ------------------(No action in 1968)
--Mobile radio common carriers; rates ------___(No action in 1968)
--Fiscal Affairs Sub-Committees; create .---- .(No action in 1968)
--Legislative Audit Committee; create --------(No action in 1968)
3926
HB 382 HB 385
HB 386
HB 387 HB 393 HB 394
HB 395 HB 397
HB 400 HB 401 HB 402
HB 403
HB 404
HB 405
HB 406 HB 408
HB 409
HB 416
HB 419 HB 420
HB 424
HB 429
HB 431
HB 432 HB 439
HB 440 HB 444
HB 453 HB 456
HB 459
HB 469
INDEX
--Western & Atlantic Railroad; lease .--------.(No action in 1968) --Aid to Dependent Children Act; define
dependent child ------_----....------,,---------.(No action in 1968) --Georgia Real Estate Commission;
membership --------.--------------_------.._--(No action in 1968) --Counties; tax allocation ------.--------------(No action in 1968) --Psychiatrists; privileged communications ---.(No action in 1968) --Contract carriers and common carriers;
regulations ---.......--..--.....--..----.._.------------------------------1800 --Motor vehicle Certificate of Title Act; liens ----._--------_--1100 --Water Resources Planning and Coordinating Act;
create --------------------------------___--._.--._ (No action in 1968) --Dangerous offenders; incarceration --------(No action in 1968) --First offenders; probation _----_------__.___ 197, 361, 3366, 3367 --Georgia Police Academy Board;
abolish ---_---_-_-----------------------.(No action in 1968) --DeKalb County; Board of Commissioners;
increase membership ___----_----------_--.--_ (No action in 1968) --Gwinnett County; create new Board of
Commissioners ___-.------_----------~----------..340, 373, 429, 429 --State Revenue Department;
arbitrators --------------.__.__.__..--------(No action in 1968) --State Revenue Department; property tax _..(No action in 1968) --Podiatrists; non-profit medical service
corporations --_--.,,------------__----._.._--._(No action in 1968) --Georgia Real Estate Commission;
members appointment --.------------------(No action in 1968) --Ordinaries; power of granting private ways,
easements ---------------------------.------(No action in 1968) --Department of Labor; Inspection Division __--.__----_----.----.1098 --Driver's license; motor driven cycle;
14 or over -----------------__------------------ (No action in 1968) --Trucks; hauling of gravel or stone on
highways --------.,,------------------------(No action in 1968) --Georgia Election Code; nomination
petitions ----._____------------------------(No action in 1968) --Department of Agriculture; Roadside Market
Incentive Program --------------------------(No action in 1968) --Courts; unliquidated damages ----.----------197, 641, 3384, 3387 --Tax on tangible property; fair market
value ----.._----._----.-------------------------- (No action in 1968) --Tax returns; late filing of ----------------------(No action in 1968)
--Laborer's and materialmen's liens; when enforced .------.----------.----------------------..----197, 312
--Education; exceptional children ----------_--------_.470, 692, 1450
--State Personnel Board; Merit System; salary adjustments _--_----------------------_ (No action in 1968)
--Sales tax; equipment used in manufacture of tangible property ................_._._. ------__----_--.------_----(No action in 1968)
--Sales tax; exempt drugs and food ------------(No action in 1968)
HB 483 HB 492 HB 498
HB 506 HB 509 HB 512 HB 514 HB 519 HB 520
HB 524
HB 526
HB 527
HB 528
HB 529
HB 533 HB 534 HB 539
HB 540 HB 544
HB 545
HB 546
HB 555
HB 557
HB 565
HB 566
HB 572
HB 581
HB 582 HB 592 HB 593 HB 595 HB 596
INDEX
3927
--Georgia Election Code; voiding of votes ,,..__,,(No action in 1968) --Inspection of Motor Vehicles Act; certificates __..___,,__.__..1800 --Minimum Foundation Program of Education Act;
pupil transportation --._....--_._.--_...,,___-.--.___.(No action in 1968) --Solicitors-General Emeritus; minimum salary (No action in 1968) --Clerk Superior Court; Retirement benefits ..___-.__..199, 687, 3408 --Law enforcement officers; idemnification .___,,(No action in 1968) --Income tax; Church contributions .--___.---....1321, 2049, 3040, 3088 --Corporation stock; preference rights ..----_.. (No action in 1968) --Corporation stockholders; information on
request ._..._._._...___._....._._..__..___..._......,,.__..__...( No action in 1968) --Athens, City of-Clarke County Charter
Commission; create .------.--.._..-----_-----,,(No action in 1968) --Insurance; non-profit hospital service
corporations _____---________-_____,,_____,,_,,____.--__-______ (No action in 1968) --Insurance; non-profit medical service
corporations _________,,__._--___,,---___.__.______,,___--.( No action in 1968) --Insurance; non-profit hospital service
corporations -----.,,.-._---..._--..__.---..._,,.--..--.(No action in 1968) --Insurance; non-profit medical service
corporations .__,___--.__-_---____---_____,,_____--.____--.(No action in 1968) --Floyd County; contractor's bonds ...___.________.-_-____________..___., 942 --Bonds; public drunkenness __-._________.--_,,_,,__..__--___.--.339, 440, 669 --Georgia Election Code; residence
requirements --------..----...-----..--.-...----__.. (No action in 1968)
--Hospital Authorities; revenue, how uses -__._(No action in 1968)
--Minimum Foundation Program of Education Act; school lunch personnel .__._,,._...,,_---____.,,._(No action in 1968)
--Minimum Foundation Program of Education Act; school lunch personnel __..__________--______,,________ (No action in 1968)
--Minimum Foundation Program of Education Act; student's voting rights -._._...__.....-..._--_._______.___._470, 867, 3170
--Georgia Fallout Shelter Commission; create --...-- .. ._._..__.._...__.._..._....,,_.__,,. (No action in 1968)
--Plumbing contractors; create State Board of Examiners -.,,..-....,,,,...._-..... 1098, 1473, 3001, 3092
--Georgia Industrial Loan Act; regulations ---.-_---...__,,....._--____--....._._.___..--___.. (No action in 1968)
--Appellate and Superior Courts; notices of appeal --.._--...._..-..._......_......._._________._____________(No action in 1968)
--Supreme Court, Court of Appeals; Judges Emeritus may serve in other courts ----,,,,_.--.,,.----_.( No action in 1968)
--Hancock County; Tax Commissioner; clerical assistance ....--------..._..._...._.__...__ 1988, 2090, 2845
--Hancock County; certain officials' salaries ........1988, 2103, 2994
--Tax on property; valuation --._,,.__,,,,___...._______(No action in 1968)
--Taxicabs; registration and licensing .._,,...,,.. (No action in 1968)
--Deer hunting; penalty for night hunting ....,,...,,_._...______..___..__....._..
--State employees; liability insurance --.----,,,,(No action in 1968)
3928
HB 597
HB 599 HB 601
HB 616 HB 620
HB 624 HB 625 HB 627 HB 633
HB 638 HB 639
HB 646
HB 652
HB 654
HB 662
HB 663 HB 664
HB 671
HB 682 HB 683 HB 686
HB 687 HB 689
HB 690 HB 691
HB 694 HB 696
HB 697
HB 698
HB 703
HB 711 HB 713
INDEX
--Ocean Science Center of the Atlantic Authority; create ----------------.__........_--------_------_ (No action in 1968)
--Occupational tax; equalize ----.----.-------- (No action in 1968) --Employment Security Law; unemployment;
waiting period ------____----_---- -- --(No action in 1968) --Sales tax; increase from 3 to 4% ------------(No action in 1968) --Georgia Public Assistance Act;
additional definitions --_--------.._.._--------(No action in 1968) --Habeas corpus cases; transcripts of proceedings -------------- 199 --State Department records; destruction of .--..(No action in 1968) --Motor vehicles; additional millage ------------(No action in 1968) --Railroads; automatic signalling devices at
grade crossings ,,------_.,,--__,,--_-_----------_.(No action in 1968) --Georgia Election Code; party registration .... (No action in 1968) --Bibb County; Board of Education;
membership ----_.___.___._--------___.----_.1100, 1175, 2616, 3073 --Limited-Access Highways, Free-Access Highways;
define ----------------------.----------------(No action in 1968) --Handicapped persons; park on public streets
without penalties ..-_----------_----_----_---- (No action in 1968) --Driver Education Courses; secondary
school --___--_---__--------------.----------------(No action in 1968) --Fulton County Airport Authority;
create --_--_--_--___--------------__.----------(No action in 1968) --Bribery; condidates for public office .----.-- (No action in 1968) --Aircraft; privately owned; levy license
fees ------.--_----_----------------_--__------._-(No action in 1968) --Teachers' Retirement; creditable
service ------.----------------------1445, 2585, 3273, 3310, 3431 --School tax; redemption of property --------_.._----736, 895, 949 --Sales tax; exempt farm machinery __----------------------3040, 3084 --Property tax; speculative value,
not used on returns ----_----.--__----.------ (No action in 1968) --Cosmetology; inspectors --__--------------_(No action in 1968) --Superior Court Judges; secretarial
service _____.--.____...--,,__--__..__------.___----_----,,_(No action in 1968) --Superior Court Judges; compensation ----...(No action in 1968) --Superior Court Judges; group life
insurance _--...--______..------.------__--------_______ (No action in 1968) --State employees; minimum wage ------------.(No action in 1968) --Georgia Industrial Loan Act;
maximum premiums .._._...___.____......_____.....,,.__(No action in 1968)
--Georgia State Warehouse Act; bond requirements -------- ----------...._,,. --.._...-- (No action in 1968)
--Hotels, Boarding Houses; crime of defrauding ----__--____.___--._--.--_--------.._.----(No action in 1968)
--State Literature Commission; obscene literature ------------.-- .--------------.------__ 197, 310, 886
--Schools; Superintendent's office; salaries ...._.._--__...___._......... 2592
--Teachers' Retirement; additional members --(No action in 1968)
HB 721
HB 732
HB 733 HB 741
HB 742
HB 743
HB 745
HB 746
HB 747 HB 748
HB 749
HB 751
HB 756 HB 757 HB 758
HB 759 HB 760
HB 761
HB 763 HB 765
HB 766
HB 771
HB 774 HB 775
HB 776
HB 781 HB 786
HB 794 HB 795 HB 796 HB 797
INDEX
3929
--Schools; superintendent's office; minimum standards --...----._.------..--.------.--...-..(No action in 1968)
--Wayne County; Sheriff and deputies; salaries --------------------------------.----(No action in 1968)
--Banks; establishment of facilities .._._----.....__(No action in 1968) --Supervisor of Purchases; County governments
purchase of supplies ___....._.... ----.....____........----..-- 3395, 3396 --State Board of Corrections; confinement and
rehabilitation ..........--.2851, 2945, 3168, 3254, 3365, 3373, 3432 --Georgia Prison Industries Act; inmates'
compensation _----....._----.201, 201, 3168, 3254, 3365, 3373, 3432 --Alcoholic beverages; retail liquor stores; owner's name
placed in conspicuous place ----_---....-----(No action in 1968) --Workmen's Compensation; investigations, time allowed
for report --------....--.--.----------------..(No action in 1968) --Insurance; group life insurance; dependent children ------.1987 --Prison guards, wardens and deputy wardens;
powers of arrest ------------------------,,----(No action in 1968) --Schools; athletic functions, dances, etc.;
alcoholic beverages --------..--.--.--------(No action in 1968) --DeKalb County; Civil and Criminal Court;
procedures ---- .,,_------------....----------..(No action in 1968) --Abandonment of minors; service of demand --.----.199, 440, 606 --County tax digests; postponement ----------(No action in 1968) --Unemployment-Compensation Law; abolish
Board of Review --..------.__._.----._._------ (No action in 1968) --Fulton County; entertainment tax ....----....(No action in 1968) --Motor vehicle, ad valorem tax; values if held
for resale ----------------------.----------(No action in 1968) --Atlanta, City of; tax on amusements,
hotels, etc. ...------------_ --------------------(No action in 1968) --Atlanta, City of; amend charter --------..---- (No action in 1968) --Cartersville, City of; Mayor and Board of
Alderman; salary .---- 1988, 2106, 2845, 3003, 3003, 3256, 3274 --Atlanta, City of; dwellings for
employees .------.....------------....--..,,...--.(No action in 1968) --Georgia Election Code; city employees
presiding as manager --.------__------.___._,,... (No action in 1968) --Moultrie, City of; elections ----------------.__(No action in 1968) --Clinical Laboratories, Blood Banks, Tissue Banks;
license required ----------------------...--.(No action in 1968) --Richmond County; Board of Education;
election ... .------....------ .,___-- 2353, 2572, 3408
--Conspiracy; criminal offense ----------..._--------.--------. 339
--Land and Water Conservation Fund Act; create ----.._----....--.----.--....----..,,...--.(No action in 1968)
--Railroad crewmen; specified number ----...._ (No action in 1968)
--Private business schools; regulations _______ (No action in 1968)
--Juries; wage loss ._..------....______._____...____._______,,._(No action in 1968)
--Attachments; sworn before Clerk of the Court ...--.199, 369, 3164
3930
HB 803 HB 804 HB 808
HB 813 HB 814 HB 821 HB 824 HB 826 HB 834 HB 835 HB 836 HB 837 HB 838 HB 839 HB 840 HB 841 HB 842 HB 843 HB 844 HB 845
HB 846
HB 847
HB 848
HB 849
HB 850
HB 851
HB 852
HB 853 HB 854
INDEX
--Podiatry; discrimination of insurance premiums ....._............ ________________,,____________ (No action in 1968)
--Georgia Public Service Commission; Chairman and members' salaries -__--,____ (No action in 1968)
--Insurance; fire and extended coverage on real property ____________________________(No action in 1968)
--Motor vehicles; illegal parking ____..______________831, 1202, 1670 --Streets; reversions to land --__-__----_--_-____-----_____-___--_-____943 --Augusta, City of; Mayor and Council;
election ________________........_____________.___--____.-- (No action in 1968) --DeKalb County Board of Education;
compensation _________,,________--______-,,_--____.(No action in 1968) --State Departments; surplus property ________--.___--__.,,--_______943 --Dental Technicians; allow certain duties _______ (No action in 1968) --Augusta, City of; Police Department;
Captain of Detectives ___.__._-___..__-__________________.1988, 2091, 2845 --Obscene telephone calls; criminal penalties __-_____._~393, 481, 886 --Voting Recorders; vote party ticket or
for individuals ______________________________________________ (No action in 1968) --Jackson County; certain officials'
salaries _________________.______,,________14, 2702, 2713, 3408 --Motor vehicle license plates; reflective
material _._._.____._____._____________.___.__20, 131, 137, 201, 1322, 1371 --Driver's license; expiration date __._____.____._..______.20, 132, 1801 --Speed restrictions; four-land limited
access highways .._....._-._.___.,, 20, 132, 299, 414, 2084, 3357 --Driver Education Course; high school curriculum __._21, 132, 137 --Radar; use by Department of
Public Safety _______._._______-....______21, 132, 137, 179, 1234, 1841 --Gordon County Development Authority; members'
terms and appointments _.__...___...__21, 132, 137, 165, 1528, 1843 --Gordon County; Board of Commissioners
of Roads and Revenues ._____.______.__________21, 132, 137, 165, 736
--Sales tax; private elementary schools ___....________.___._______-_.________.21, 133, 990, 1487, 3186, 3367
--Waynesboro, City of; Judge and Solicitors salary ._.________._______________________21, 133, 137, 165, 500
--Franklin Springs, City of; Mayor and Council; terms __________.______________._________22, 133, 137, 166, 500
--Board of Recreation Examiners; create _._.__.__..__.._..___._..._..22, 133, 393, 567, 608, 1212, 3034, 3059
--Uniform Deceptive Trade Practices Act; adopt ,,.,, .._...,,_. 22, 133, 337, 483, 1803, 1844
--Conspiracy to commit a crime shall be a crime _._.._-._.-_..__..___.._-_.._______._____-._-__22) 133, 393, 483, 1104
--Early County; Commissioners of Roads and Revenues; election _______________._________________22, 133, 137, 166, 500
--Juvenile Courts; jurisdiction _..._...._..._._.. 22, 133, 471, 717, 3408
--Motor Fuel Tax Law; exempt excise tax _.____.____.__________.__.__________23, 134, 1321, 2317
HB 855 HB 856 HB 857 HB 858
HB 859
HB 860 HB 861 HB 862
HB 863 HB 864
HB 865
HB 866 HB 867 HB 868 HB 869
HB 870
HB 871 HB 872
HB 873 HB 874
HB 875
HB 876 HB 877
HB 878 HB 879
HB 880
HB 881
HB 882
HB 883 HB 884 HB 885 HB 886
HB 887
INDEX
3931
--Motor vehicles; defects; warranties __________23, 134, 941, 1201, 1517
--Firearms and ammunition; identification ....__..___.______ 24, 135, 736
--Firearms and ammunition; sale and possession _.....__..._24, 135
--Springfield, City of; Mayor and Aldermen;
election ---.-..,,--,, ___.___.24, 135, 137, 166, 500
--Bryan County; Tax Commissioner's
salary
...................^4, 135, 137, 167, 737
--Bryan. County; Ordinary's salary ................24, 135, 137, 167, 1806
--Workmen's Compensation; settlements ................24, 135, 198, 279
--Municipal grants; disbursement on quarterly
basis ........24, 135, 736, 1273, 1360, 2207, 3273, 3318, 3342, 3347,
3366, 3375, 3433
--Veterinarians' licenses; educational programs _________25, 135, 1664
--Radiation Control Council;
membership ____._.____.__.._______._._._________________25, 136, 298, 1418, 3166
--Firearms; possession while committing
felony _________________.__..._.2_.__..______...._____._25, 136, 606, 804, 2706, 2735
j^Ejfots; possession of firearms ........... ...... 25, 136, 1100
--Phonograph records and tapes; restrict sales ______.___127, 161, 338
--Wife's estate; debts of husband ^.___.._.. ...___._........._.127, 161, 988
--County grants; disbursement on quarterly
basis __..___.___.___.___________.128, 161, 736, 961, 1027, 2208, 3274, 3348
--Practice of Law; educational
requirements ..________.___________.__.._____.........___.128, 162, 394, 578, 1322
--Schools; immunization of pupils _._...128, 162, 298, 364, 2085, 2647
--Bowman, City of; Clerk and Treasurer;
election _...._............._...__.._.. 128, 162, 198, 222, 500
--Elbert County; Sheriff's budget ___.__________.128, 162, 198, 223, 500
--State Election Board; members'
composition ___..__.____.___________.___.._......._...__.__.__128, 162, 200, 509, 509
--Motor Vehicles Certificate of Title Act; origin of
vehicle _____________________.____129, 162, 299, 611, 1806, 2618, 2618, 2623
--Inspection of Motor Vehicles Act; certificates _______.._...__.129, 162
--Schroer, Albert J., Jr.; restore
citizenship ..__._..._..___._.______-...___........_.........129, 163, 393, 613, 3164
--State Properties Control Code; authorizations ..........129, 163, 943
--State Properties Control Commission;
inventorying ..............---..____......_... .129, 163, 171
--Condemnation proceedings; responsibility
for court costs _______________.__.._.._.________-______-._____.._._.._.__130, 163, 1446
--Driver's licenses; suspension; violation point count
system ..............27, 136, 137, 441, 646, 648, 942, 2825, 3273, 3307
--Motor vehicle Financial Responsibility Law;
reinstatement of driver's license ................. .........^1, 136, 137
--Name change; issuance of certificate .... 130, 163, 299, 368, 1234
--Grand Jurors; county or municipal officials _._________130, 164, 1520
--Excise tax; motor fuel used in aircraft motors ................131, 164
--Georgia State Patrol, GBI;
court fees .._................._._......_..___.____.___._.__._131, 164, 830, 909, 3408
--Sales tax; food for human consumption _._..___.___._......_.131, 164
3932
INDEX
HB 888 HB 889
HB 890 HB 891
HB 892 HB 893 HB 894
HB 895
HB 896 HB 897 HB 898
HB 899 HB 900
HB 901 HB 902
HB 903
HB 904 HB 905 HB 906 HB 907
HB 908 HB 909 HB 910 HB 911 HB 912 HB 913
HB 914
HB 915 HB 916 HB 917 HB 918
HB 919
HB 920
HB 921
HB 922
--County official organs; annual certification ------------148, 188
--Liens, mortgages and deeds; fees for
recording --------------------------------149, 188, 299, 1203, 1244
--County officials; fee system of compensation; abolish ______149, 189
--Georgia Civil Practice Act; service by
publication ---------------_------149, 189, 299, 346, 3039, 3091
--Local boards of education; monthly summaries ----,,_--149, 189
--Laurens County; State Court of ------------149, 189, 223, 501, 501
--Marriage licenses; parental consent, underage
applicants _-____---_--------------------150, 189, 471, 707, 2566
--Marriage licenses; parental consent; proof of
pregnancy ------__________________________________------------__----__-- 150, 189
--Income tax; dependent students _____________.152, 189, 1521, 2666, 3408
--Minors' guardians; bond requirement ----152, 190, 339, 646, 2566
--State Board of Registration for Used Car Dealers; place
of business --------------------------152, 190, 299, 573, 1166, 1195
--Equalized school property tax digest.__.153, 190, 298, 444,1449, 2646
--Minimum Foundation Program of Education Act;
lapsed funds -----___----------------------__.153, 190, 298, 446, 737
--Solicitation of money; false invoices ......._....153, 190, 338, 441, 737
--Decatur County; Board of Education;
expenditures _--__-.-_------------------------153, 190, 198, 224, 501
--Motor vehicle license plates; personalized plates .....___153, 190, 299,
416,3273,3356
--Gambling; punishment . . ..----------.--------------------153, 191
--State of Emergency; Governor's powers .------------------154, 191
--Riots; punishment ..._._._.___ ------.--------------154, 191
--Fire bombs, molotov cocktails; possession prima facie
evidence ______..__----___.------------ __--------_------164, 191
--Governor; rewards for information _____._...----------... 154, 191
--School consolidation; authorization __.___--_____------____154, 191, 2234
--Property tax; "fair market value" ____----155, 192, 2238, 2793, 3164
--Landlords; warrants for eviction ...__.... 155, 192, 393, 786, 2614
--Law Enforcement Officers; unnecessary physical abuse __ 155, 192
' --Butts County; Sheriff and Deputy Sheriff;
salary --------------...._----------------157, 194, 198, 224, 1668, 1728
--Butts County; Clerk's Office; additional
personnel _____.___----_------_-____..-______--.158, 194, 198, 224, 1671
--Daylight Savings Time; abolish .----.158, 194, 338, 950, 951, 1025
--Death sentene; eligibility for parole .... ... 158, 194, 299, 454, 582
--Death sentence; jury's recommendation _.__--__.____158, 194, 299, 586
--Tattnall County; Board of Commissioners of Roads and
Revenues; election ------------------159, 195, 198, 225, 737, 2591
--Tattnall County; Board of Education; election of
members ....____..... ....__----
. 159, 195, 198, 225, 737, 2591
--Solicitors-General, Emeritus; minimum salary,
65 or over _.___--.------------------.159, 195, 1101, 1297, 1362, 2485
--Personal property; rental or lease agreements ------159, 195, 393,
810, 3000, 3054
--Gordon County; Superior Court Clerk and Ordinary;
salary _._--------.----......--------159, 195, 198, 225, 1170, 1196
HB 923 HB 924 HB 925
HB 926
HB 927
HB 928 HB 929
HB 930 HB 931 HB 932
HB 933
HB 934
HB 935
HB 936 HB 937
HB 938 HB 939 HB 940
HB 941
HB 942 HB 943 HB 944 HB 945
HB 946 HB 947
HB 948
HB 949 HB 950
HB 951
HB 952
HB 953
INDEX
3933
--Georgia Human Relations Commission; create --------....160, 195
--Troup County; Officials; salaries ..,..---160, 196, 198, 226, 501
--Superior Court Judges, Emeritus; salary, 70 years
or over __--___________._.------_------_------.-- _____.____._..___.____160, 196
--Unemployment Compensation Law; benefit payments
if laid off work _-----------------_...----.---161, 196, 198, 317
--Homeland, City of; territorial limits .......-184, 219, 298, 395, 2563
2923
--Personal property; lien foreclosure ------------.184, 219, 338, 790
--Memorial Day; change name to Confederate Memorial
Day ..................................... .............. ..184, 219, 299
--Court Clerks; service by publication of summons ........184, 219, 666
--GBI; clothing allowance ----_.......----.------........184, 219, 943, 1202
--Motor vehicle license plates; citizens' band radio
stations ..-.....----...._____...--------..--.........185, 220, 507, 700, 1806
--State depositories; development authority
bonds ......_.._.---- 185, 220, 337, 580, 2706, 2936, 3169, 3179, 3255,
3323, 3433
--International or foreign banking; capital stock
investments ....__------.----._..._.__--...186, 220, 337, 580, 1166, 1362
--Banks; capital stock of subsidiary
corporations --------------------186, 221, 666, 818, 923, 1296, 2705
--Bank loans; warehousing ------_------___.--............186, 221, 337, 581
--State chartered banks; credit card plans ------------..186, 221, 337,
581,1166,1363
--Banks; full banking services ............. 186, 221, 666, 1295, 2705
--Banks; common stock .................--...187, 221, 666, 2059, 3170, 3335
--Regulated Certificated Bank Act; branch
locations --------..........187, 221, 337, 581, 2901, 3077, 3108, 3176,
3256, 3359
--Georgia Commission on Constitutional Government;
create ................................ 187, 222
--Reckless driving; black tire marks on road surface --.214, 293, 507
--Workmen's Compensation; hearings ------.----..--.....----..214, 293
--Law Enforcement Officers; high speed chases ----.....214, 293, 508
--Georgia Milk Stabilization Commission;
create ....-...------------..----_..........--...188, 222, 336, 1201, 1516
--State Department of Air Transportation; establish ... 215, 293, 829
--National Memorial Day; public and legal
holiday
............... ..... 215, 293, 337, 412, 1806
--Alcoholic beverages; illegal manufacture;
contraband --..........-.........------------ 215, 293, 1802, 2470, 3164
--Solicitation of money; goods or services not rendered ________215, 294
--Peace Officers' Annuity and Benefit Fund;
benefits ...._._.------.....__.._...---- 215, 294, 606, 704, 943, 2512, 3408
--Pannin County; Law Library; establish and
maintain .......----..--------.--....._..---.-- 215, 294, 298, 395, 1524
--Teachers' Retirement System; University System of
Georgia _._....__._...__....___...___ 216, 294, 2592, 2813, 3371, 3371, 3432
--Fulton County; Board of Commissioners of Roads and
Revenues; pensions --------.___----_.217, 295, 298, 395, 3004, 3058
3934
HB 954
HB 955
HB 956
HB 957
HB 958 HB 959 HB 960
HB 961 HB 962
HB 963
HB 964 HB 965
HB 966 HB 967
HB 968
HB 969 HB 970
HB 971 HB 972
HB 973 HB 974 HB 975
HB 976
HB 977
HB 978
HB 979
HB 980 HB 981
HB 982
INDEX
--Fulton County; Public Defender; retirement
fund -_.__------_________------____.______------.217, 295, 1227, 1229, 2999
--Fulton County; Judges and Solicitor-General;
retirement fund .--___----......------------.---- .. .218, 296
--Fulton County; Employees' Pension; maximum
amount _______._..._______----_,,____.____----__----____.218, 296, 667, 671, 1806
--Workmen's Compensation; counties, full-time
employees _------..----._....__..------...218, 296, 941, 1292, 3334, 3342
--First bail, matter of right _----.___-_--.....218, 296, 339, 2052, 2186
--Traverse jury boxes; each county allowed only one --218, 296, 666
--General Appropriations Act; 1968-69 _. _....__ 218, 296, 1600, 1600
1622, 1741, 2360, 2360, 2505, 2506, 2508, 2892, 3002
--General Appropriations Act; supplement __________________219, 297
--DeKalb County; County Manager form of government;
election _--___--...--....------_.....__.____--_------_._--__.___________._.----.284, 329
--State Employees' Retirement System; Armed Services
credit .._..._._-..__
...... ._..__..__ .284, 329
--Trenton, City of; eminent domain .------.284, 329, 338, 396, 737
--Blakely, City of; special and municipal elections ____--.284, 329, 338,
396,737
--Georgia Gifts to Minors Act; create _--------_.----......285, 329, 942
--Private Driver Training Schools; standards ......._____.285, 330, 831,
912,1450
--Walton County; Board of Education;
members' election ___._.....285, 330, 338, 396, 737, 3279, 3341, 3347
--Surface Mined Land Use Board; establish .----------285, 330, 605
709,1102,1196
--Joint Municipal Employees' Retirement System;
vested rights _----..._-__----.._...----.----.....285, 330, 338, 1293, 3164
--Fulton County; Judges' and Solicitor-Generals' Retirement
Fund; eligible members ________..__..285, 330, 2235, 2248, 3004, 3081
--Fulton County; Judges' and Solicitor-Generals' Retirement
Fund; eligible members; public defenders _--...--------.286, 330
--Inspection of Motor Vehicles; trailers and semi-trailers ..-286, 330
--State-aid Road Fund; transfer control -_-_........._..__.___.287, 331, 734
--State Highway Department; weight limits ----------287, 331, 734,
2203,3166
--State Highway Engineer; traveling expenses incurred in
Fulton County __--__------.----------.----.__----------287, 331, 734
--State Highway Department; scales _----...........287, 331, 734, 1422,
3000, 3065
--State Highway Department; auditing of claims and
obligations against ------------------287, 332, 734, 2205, 3167
--State Highway Department; signal devices at railroad
crossings ----------_----_----------...__.... ....288, 332, 734, 897
--State Highway Board; transfer of duties _...._._ 288, 332, 734, 1276
--State Highway Department; unattended
vehicles ._._._----. ................... 28, 332, 734, 969, 1675, 1841, 2900
--Motor Fuel Tax Law; distributors' excise tax ------.288, 332, 1521,
2308, 2468, 2650
HB 983 HB 984 HB 985
HB 986 HB 987
HB 988 HB 989 HB 990
HB 991
HB 992
HB 993
HB 994 HB 995 HB 996 HB 997 HB 998
HB 999 HB 1000
HB 1001
HB 1002
HB 1003
HB 1004
HB 1005
HB 1006
HB 1007
HB 1008
HB 1009 HB 1010
HB 1011
INDEX
3935
--Motor Fuel Tax Law; exempt sales tax --__.___.---,,__.------.288, 332
--Motor Fuel Tax Law; purchase in other states __--..-288, 333, 1521
--Trucks hauling lumber products and concrete;
permits ------------..--------.___._---.-__._.--_____-----289, 333, 474
--State Highway Department; public utilities _______--...289, 333, 987
--State Highway Department; Director's
eligibility --._.------__.-_.----.----.-289, 333, 734, 1276, 2999
--State-aid system of roads; transfer duties ----. -- 289, 333, 986
--Condemnation proceedings; appeals by owner of land --.290, 334
--State Highway Board; report of operations --.....-- 290, 334, 986,
2206, 3167
--State Highway Department; legal expenses ----__--290, 334, 734,
967,1671
--Trucks hauling lumber and lumber products; length and
weight permits --------290, 334, 604, 1116, 1242, 1524, 1729
--Traffic control devices; conform to
specifications ------.__----_....--_..._--290, 334, 734, 2814, 3408
--State Highway Department; bridges across streams on
State line -----.-----..----..-..---.....--._._..--291, 335, 987
--Teachers' Retirement System; minimum floor ___--291, 335, 2592
--Municipalities; publication of financial
condition .----------._----_.--------...291, 335, 338, 811, 1322
--State Game and Fish Commission; outboard motors 291, 335, 470
--State Game and Fish Commission; maximum capacity of
watercraft --..-----......--------------.------....--...292, 335
--Right-hand traffic lane; slow-moving traffic ........... 292, 335, 507,
808,1667, 2295
--Teachers' Retirement System; transfer of service
credits .----------....------.-----292, 336, 986, 2529, 3035, 3070
--State Employees' Retirement System; transfer of service
credits
. .......
292, 336, 986, 2531, 3035, 3072
--Leary, City of; Mayor and Councilmen; term of
office ------------------------------321, 386, 394, 474, 884, 1844
--Thomaston, City of; Thomaston-Upson County Office
Building Authority; members __.............__.321, 386, 471, 512, 885
--Thomaston, City of; ad valorem taxes;
levy ------------------------------------321, 387, 471, 512, 885
--East Thomaston, Village of; abolish
charter -.--------------------------------321, 387, 471, 512, 885
--Thomaston, City of; extend corporate
limits ...................._.... ------ -- ...... 322, 387, 471, 512, 885
--Upson County; Upson-Thomaston Board of Tax Assessors;
combine- ... ....... ............................. 322, 387, 605, 671, 1169
--Georgia Legislative Retirement System; Employees'
Retirement System ........ ----------------------------322, 387, 944
--Drivers' license; reexamination after suspension ._......... 322, 387
--Firemen's Pension Fund; eligibility __......___.........322, 387, 943, 1374
3001,3222
--Doerun, City of; Recorder's Court; establish -----...-322, 388, 394
475, 738
3936
HB 1012
HB 1013 HB 1014
HB 1015
HB 1016 HB 1017 HB 1018 HB 1019
HB 1020
HB 1021
HB 1022 HB 1023 HB 1024 HB 1025
HB 1026 HB 1027
HB 1028 HB 1029 HB 1030
HB 1031 HB 1032
HB 1033
HB 1034 HB 1035
HB 1036
HB 1037
HB 1038 HB 1039 HB 1040
HB 1041 HB 1042 HB 1043
HB 1044
INDEX
--Georgia Legislative Retirement System; credit for military
service ......__......323, 388, 1101, 1481, 3034, 3069, 3169, 3180, 3233
3234, 3279
--Heard County; additional deputy ...__.______-..__323, 388, 471, 513, 885
--Augusta, City of; police department; title rules _____ 324, 389, 394,
475, 738
--State Employees' Retirement System; retirement
allowances ....._...._......... 324, 389, 943, 2216, 3166
--State Employees' Retirement System; amend __...____.-324, 389, 943
--Peace Officers' Annuity and Benefit Fund; eligibility __ 324, 389
--Augusta, City of; Sale of Alien Park .._____ 324, 389, 394, 475, 738
--Cordele Judicial Circuit; Solicitor-General's
salary ................ 325, 389, 605, 672, 1234
--State Employees' Retirement System; involuntary .
separation ....._... 325, 389, 1101, 1994, 2237, 2509, 3256
--Teachers' Retirement System; benefit
adjustments .......... ____..___.__.. ____325, 390, 944, 2955
--Wrecking companies; disposition .__..___.____._ 325, 390, 831, 900, 2086
--Elections; nomination petition ______,___326, 390, 508, 614, 1803, 2189
--Medical laboratory personnel; licensing ________ ___________________ 326, 390
--State Employees' Retirement System; Armed Forces
credit ...... __..._.__._______-_....__._________._____.___.._326, 390
--Clinical laboratory personnel; licensing ......___..._ 326, 391
--Atlanta, City of; Fulton County; amusement
tax ___...________..._______.._________.______._..__._..___._....______._...._._326, 391, 471, 510
--Atlanta, City of; lodgings; excise tax 2% ...... 327, 391, 471, 510
--Fulton County; lodgings; excise tax 2% ________ .....327, 391, 471, 511
--Warranties; persons other than buyer who may
benefit _______________________________________________ 327, 391, 666, 794, 2706, 2738
--Estates; property appraisement ___ _..._______._.328, 392, 606, 817, 3164
--State Employees' Retirement System; benefits prior to
January 1, 1967 ___..._______..___..-..;.____.._.....____..______........________328, 392
--State Employees' Retirement System; prior service
credit ._...___.__________-.-____.-._-_._-.-_-..____.--.-__.___.__..._..._.._.___.___._.328, 392
--Americus, City of; retirement system; participation ________328, 392
--Ordinaries' Retirement Fund; Secretary-Treasurer ..._..__328, 392,
990,1496,1739, 3034, 3064
--Non-Par Banking Bill; charge for payment of
checks __.__._.___...-._..___-._.-.. ....... ... 328, 392, 734
--State Employees' Retirement System; prior service
credit .______.._ _____..________._____..__.________.....__.___329, 392, 1101, I486, 3227
--Cross burning; unlawful on private property _.___.__..__375, 460, 943
--Appliance repair; liens _.__.__...______-._.______--___._____-._.__..__375, 461, 2236
--Muscofee County; tax payment; late penalty ......... 375, 461, 471,
513, 885
--Municipalities; public accommodations; excise tax..__376, 461, 1521
--Estates; testamentary additions ___....._.......376, 461, 666, 861, 3165
--Estates; residuary bequest or devise, surviving
widow
....
376, 461, 666, 1574, 3167
--Appellate Practice Act of 1965;
re-enact .______...._376, 461, 666, 1489, 3375, 3383, 3392, 3394, 3432
HB 1045
HB 1046
HB 1047
HB 1048
HB 1049 HB 1050
HB 1051
HB 1052 HB 1053 HB 1054 HB 1055
HB 1056 HB 1057 HB 1058 HB 1059 HB 1060
HB 1061
HB 1062
HB 1063
HB 1064
HB 1065
HB 1066
HB 1067
HB 1068
HB 1069 HB 1070
HB 1071
HB 1072
HB 1073
HB 1074
INDEX
3937
--Tifton, City of; Police Court; certain provisions ___..___376, 462, 471, 513,1104
--Tifton, City of; City Commissioners; residents __-........__-......-..___....-_-._-...__.._.377, 462, 471, 514, 885
--Tifton, City of; Chairman and City Commissioners; salaries __~_~_____.._._.________...__-.377, 462, 471, 514, 885
--Veterans of World War II; seniority and retirement rights ..-__.__._.__.__--_..--.._.--__--. 377, 462, 829, 907
--Georgia State War Veterans' Home; benefits __..__.._..__......._.377, 462 --Department of Public Safety; disability
allowance .______.__________-_______-_.______._____.377, 462, 943, 2790, 3409 --Elections; deputy registrars _.____........378, 463, 509, 630, 2563, 2641,
2899, 2922, 3034, 3169, 3175 --Elections; Elector's vote ..................378, 463, 508, 621, 1322, 2190 --Presidential electors; ballots ......_.___-......-__.378, 463, 508, 623, 1450 --Elections; notice of candidacy ....................-379, 463, 508, 625, 1234 --Election districts; number of electors ___._.__._____.379, 464, 508, 616,
1234, 1365, 1528, 1865, 2242, 2314, 2339 --Elections; vote recorders _____..._.......-....._._.._.379, 464, 508, 622, 1235 --State Election Board; jurisdiction .__.379, 464, 509, 628, 3395, 3398 --State Election Board; members' compensation ....379, 464, 509, 626 --Motor vehicle ad valorem tax; dealer's due date ____,,..380, 464, 1991 --Lowndes County; City Court Judge and Solicitor;
election ____.-__-.-_________.___._...___ 380, 464, 471, 514, 886 --State Highway Department; public utilities;
right-of-ways ._._........_.._,,.,,.. 380, 465, 734, 2582 --Board of Regents; University System of Georgia;
professional practices commission ..........380, 465, 606, 861, 1450 --Georgia Interdepartmental Council on the Handicapped;
create ......___.................____........_....__..........__.381, 465, 987, 2044, 3409 --Georgia State Scholarship Commission; public information
programs _____._______.._.____________._____._______________.381, 466, 606, 705, 1450 --Georgia Higher Education Assistance Committee;
create __..____.....__.__.......____......_......._.__._.....__.381, 466, 606, 705, 1450 --Georgia Higher Education Assistance Corporation; federal
loan requirements ___._._________________________._____.382, 466, 606, 815, 1450 --Fulton County; Superior Court Clerk; salary _....._.___.382, 466, 472,
515,1803,1845 --Georgia Post Mortem Examination Act; medical examiners'
salaries ___.......___._...._...,,__......._..........__......____... 382, 466, 1664, 2044 --Driving under the influence; official laboratories ......382, 467, 987 --Columbus, City of; Municipal Court; dispossessory
warrants ._._._.____________._.382, 467, 472, 515, 886 --Public transit facilities; sales tax .......-._.......- 383, 467, 1521, 2062
2191,3234 --Motor common carriers engaged in interstate commerce;
permits -__...______...-_____...____...._....___..._...._.._383, 467, 831, 921, 2086 --Motor carriers engaged in interstate commerce;
permits -_...........-.._.,,.............__................383, 468, 831, 923, 2086 --Anhydrous ammonia; proper classification __________.-__384, 468, 1446,
1955, 3165
3938
HB 1075 HB 1076 HB 1077
HB 1078
HB 1079 HB 1080 HB 1081
HB 1082
HB 1083 HB 1084
HB 1085 HB 1086
HB 1087 HB 1088
HB 1089
HB 1090
HB 1091 HB 1092 HB 1093 HB 1094 HB 1096
HB 1097
HB 1098
HB 1099
HB 1100
HB 1101
HB 1102
HB 1103
HB 1104 HB 1105
HB 1106
INDEX
--Casualty insurance; creditor's interest ___-_____384, 468, 1517, 1727 --Credit life insurance; installment loans :__._._._384, 468, 1517, 1728 --Second Mortgage Act; secondary security
deeds .___._________.____________._-._____________-_._-384, 468, 1446, 2537, 3409 --Retail Installment and Home Solicitation Sales Act; goods
and services _____._________.__________.___.384, 468,1115,1446, 2539, 3409 --Employment in State Government; discrimination ___._^_._384, 469 --Veterans; honorary drivers' license ..__._._.....-._..__..._.385, 469, 829 --Veterans; fees for recording discharge
certificates ___.______.________.____________,___.______.___._________385, 440, 469, 829 --Charlton, County of; State Depository;
public funds ..__.__...._-.___._..._.._.._....-.....__..._385, 469, 472, 516, 2355 --Charlton County; deputies' salaries __...._...385, 469, 472, 516, 2355 --Charlton County; Superior Court
employees' salaries .__..__..___..._-..__.-.___..-385, 469, 472, 516, 2355 --Family planning services; to whom provided __._____._386, 470, 1664 --Brunswick Port Authority; use of
port facilities _._.________-________-______.___.__456, 494, 605, 672, 3041, 3085 --Municipal elections; eligibility ._...._..__..-.._456, 495, 736, 1293, 2566 --Worth County; Superior Court Clerk;
fees _.____.__..___________._____-___.______.________..__.__._-456, 495, 507, 672, 1169 --Schools; blood tests for contagious
and infectious diseases ,,.,,...._____________________._____________456, 495 --Uninsured motorists; insolvency of insurance
company ___..._____________._.._._____._____.___.457 ) 495, 942, 1203, 3170, 3251 --Prescription drugs; exempt sales tax _,,..._..__.__--___._.._.458, 496 --Compulsory school attendance; raise from 16 to 18 ____.__.458, 496 --State employees; mileage expense allowance ....._.-_.458, 496, 509 --The Georgia Small Arms Act; create ..._...._...........__..___.... 458, 497 --Decatur County; Board of Education
Members; election ______._.____.__459, 497, 502, 507, 1518, 1677, 2560 --DeKalb County; Board of Commissioners of
Roads and Revenues; membership ___________.________._____.______459, 497 --DeKalb County; governing authority members;
election date _.._._..__.._...,,...__.___._-____..___,,,,_........,,.......,,__..._.__._.459, 497 --DeKalb County; Board of Education members;
election .___._......_..._._.___...__...__..._....__.__...._.__..__.....-...__.._.._..._...459, 497 --Atlanta, City of; Taxicab franchise;
license fee _..-.-.-_..._._..-_.-...__-..._-....._.459, 497, 605, 673, 3409
--Department of Public Health; medical or dental health ...._..._._..__-..__..___..._.___...._._.....___.__._.._....__...490, 599
--State employees and officials; mileage expense allowance _...___.........._...__..___.._..__.._...._490, 599, 1101, 1956
--Minimum Foundation Program of Education Act; teacher allotment .__.._..._._...__....____...___...490, 599, 986, 1419, 3165
--Hospitals; civil liability __.~_.-__._______.__._____.___-___-_.,_..-___.491, 600, 2088
--Lookout Mountain, City of; incorporate __.._____.___._.___.____.__.491, 600, 605, 673, 1675, 1857, 1992
--Insurance Code of 1960; hospitalization; freedom of choice _,,__..._.,,..._.,,--..___._.-...__..._-..._-._.._...,,.,, 491, 600
HB 1107 HB 1108 HB 1109
HB 1110 HB 1111 HB 1112 HB 1113 HB 1114 HB 1115 HB 1116 HB 1117 HB 1118 HB 1119 HB 1120 HB 1121 HB 1122 HB 1123 HB 1124 HB 1125 HB 1126 HB 1127 HB 1128 HB 1129 HB 1130 HB 1131 HB 1132
INDEX
3939
--Indictments; foreman of grand jury shall
sign to have legal effect ...,,._.......--___ ........ ____________________492, 600
--Columbia County; Board of Education
members; election __..._........_.__._..._._........_.492, 600, 667, 674, 1169
--Columbia County; Board of Commissioners
of Roads and Revenues; increase
membership .__._........__.............___......__........492, 601, 667, 674, 1169
--Columbia County; Sheriff's salary _______.___492, 601, 667, 674, 1169
--Commercial fishing boats; license
fees __-..-...__.__..-_.......__._...-..._...__-....__.492, 601, 604, 792, 1804, 2645
--Folkston, City of; City Manager's
appointment ..._.___.....__..._._...__._..,__.....492, 601, 667, 675, 2563, 2924
--Folkston, City of; Corporate
limits; extend __.________..__________._________._..____493, 601, 667, 675, 2560
--Folkston, City of; close certain
streets and alleys ....__..........________........__.....493, 601, 667, 675, 2355
--Capital offense; accused may enter a demand
for a trial at any time ._____-....___._.__.......__.......-__-__493, 602, 1990
--Trials; accused may enter a demand
for a trial at any time .._...__.......______.........._..._......493, 602, 1990
--State Board of Corrections; penal rehabilitation
programs; federal grants .,,..--____--_,,--_--_,,_--...-----493, 602
--Prisoners; sale of certain goods ....494, 602, 1801, 2045, 3349, 3363
--Prisoners; authority to hire out to
Federal Government agencies _.....____..._....494, 602, 1101, 2045
--State Board of Corrections; authority
to purchase motor vehicles -__.-_.__,,----..----.----_--.------ 494, 602
--Georgia Prison Industries Administration;
create .................__.__...._...__._......__..___..._._....,,.....494, 603, 1101, 2207
--Legal Advertisements; rates allowed
publishers .._.......__._.............. __
590, 658, 1520, 2517, 2999
--Ivey, Town of; corporate limits;
change ....._____......___.__..__...__.__._.._.___._.__.....590, 658, 667, 743, 1235
--Allentown, Town of; corporate limits;
change ...._._.....__._.....__._._.-...-___......__.-..-_..590, 658, 667, 743, 1235
--Cobb Judicial Circuit; Solicitor-General;
practice of law .__________________.590, 658, 947, 1799, 1809, 2616, 2737
--Sumter County; Board of Education
members; election ____....._...___..._.___.._...........591, 658, 667, 744, 1235
--Sumter County; Clerk of Superior Court,
clerks or deputies; salaries .______________.,,_ 591, 658, 667, 744, 1235
--Fannin County; Deputy Sheriff; __
car allowance .._._._....._...._...._..__.__"_._._.___.__591, 659, 667, 744, 2560
--Fannin County; Board of Commissioners of Roads
and Revenues; salaries ._..__-..__..._591, 659, 667, 745, 2898, 3050
--Dasher, Town of; corporate limits;
redefine ..................^...................................Sgi, 659, 667, 745, 2355
--Lowndes County; deputy sheriff's
salary _._...._.__......._.__............_........_..........._.591, 659, 667, 745, 2355
--Estate; death of a husband intestate; wife's
application for dower ______,,,,--___..592, 659, 830, 919, 1803, 1859
3940
HB 1133 HB 1134 HB 1135 HB 1136 HB 1137 HB 1138 HB 1139 HB 1140 HB 1141 HB 1142 HB 1143 HB 1144
HB 1145
HB 1146
HB 1147 HB 1148 HB 1149 HB 1150 HB 1151 HB 1152 HB 1153 HB 1154 HB 1155 HB 1156 HB 1157 HB 1158 HB 1159
INDEX
--Forsyth County; Board of Commissioners of Roads and Revenues; chairman's salary ...._-592, 659, 667, 746, 1169
--Dawson County; Board of Commissioners of Roads and Revenues; compensation ------____------592, 659, 667, 746, 1169
--Georgia Health Code; examination hearings -_.-_-__.--------------------.-..592, 660, 967, 1488, 3285
--Attorneys; improper interrogatories; fees --------...592, 660, 831 --Butts County; tax collector;
compensation _.----------.._.--------...-592, 660, 667, 746, 1671 --Jefferson County; tax collector and receiver;
consolidate offices _..----------------------593, 660, 667, 747, 1169 --Atlanta, City of; Tax Commissioner; tax returns
Fulton and DeKalb County --------------------593, 660, 667, 747 --Atlanta, City of; Tax levy -----------------.------593, 660, 667, 747 --Atlanta, City of; city taxes;
collection --__...--.-_.-__--.--------------------593, 661, 667, 748 --Fulton County; planning and zoning
hearings ----.---_--------------------594, 661, 667, 748, 3409 --Fulton County; court reporters'
compensation _.--------------------------594, 661, 667, 749, 1806 --Courts; simulated court process;
collection of debts ----------.------------------------594, 661, 830
--Thomasville, City of; Board of Education; vacancies --._--...--_.--..------------------594, 661, 667, 749, 1170
--Douglas County; law library; establish ----,,--_-----..--------------594, 661, 667, 749, 1235
--Douglas County; certain employees' salaries --_---.-----------------------.595, 662, 668, 750, 1235
--Douglas County; Board of Commissioners of Roads and Revenues; districts --------------.--.595, 662, 668, 750, 1236
--Douglas County; Board of Education; members and districts --------------------595, 662, 668, 750, 1236
--Douglasville, City of; Mayor and Councilmen; salaries .--------------------595, 662, 668, 751, 1236
--Pike County; Superior Court terms ------595, 662, 735, 751, 1671 --General Assembly; salary bills ----------------595, 662, 1098, 1418 --Spalding County; establish Law Library -----..----..596, 662, 1990 --Carroll County; Water Authority; acquire
sewer systems-.--------.----.----.----...-596, 662, 668, 751, 1236 --Nomination petitions; presidential
electors ----------------.----..----...--....-596, 663, 669, 796, 3167 --Public Assistance Act; acceptance
of payments --------.------...--...-596, 608, 663, 1522, 2330, 3165 --Savannah, City of; municipal court; Justice of
the Peace; jurisdiction ---------------- 597, 664, 668, 752, 1236 --Atlanta Judicial Circuit; Solicitor-General;
compensation ----------------------..----598, 664, 668, 752, 1806 --Pulpwood trucks; chains or
cables ----598, 664, 668, 866, 1668, 1995, 2620, 2649, 3001, 3256
HB 1160 HB 1161 HB 1162 HB 1163 HB 1164 HB 1165 HB 1166 HB 1167 HB 1168 HB 1169 HB 1170 HB 1171 HB 1172 HB 1173 HB 1174 HB 1175 HB 1176 HB 1177 HB 1178
HB 1179
HB 1180
HB 1181 HB 1182
HB 1183
HB 1184
HB 1185
HB 1186
INDEX
3941
--Rossville, City of; Fire and Police Chiefs; appointment __,,_.,, 598, 664, 988, 991, 1675
--Rossville, City of; Recorder's Court; establish __..___.........___.....................598, 665, 988, 991, 1675
--Rossville, City of; Mayor, councilmen and tax assessors; compensation .__._____...___....__._..598, 665, 988, 993, 1675
--Garnishment; grounds of attachment; non-residents __________________________________________--_______._______.599, 665, 2090
--Lookout Judicial Circuit; Solicitor-General; compensation .__.__..___________________________._______599, 665, 668, 752, 1840
--Non-residents; court's jurisdiction _______-_.______.________650, 726, 1320 --Plumbing contractors; performance bonds ,,.__..--._....--.___650, 727 --Water wells; drilling regulations ,,,,____--___.___650, 727, 1664, 2060 --Moultrie, City of; Elections;
notification ._..___.-_.____.._.-_____.____.___..___........650, 727, 735, 832, 1807 --State Examining Boards; applicants ._-_______.....____..___.651, 727, 939 --State Board of Veterans Service;
benefits ________.____.____________________._._-____________.___651, 727, 829, 904, 3167 --Disabled veterans; license plates -__.-..._.-..._..___...........-......651, 727 --Municipal elections; public notices outside
all polling places .........._......._.....____............_...._._.___..._651, 728, 2237 --Doraville, City of; corporate limits;
redefine ____________.______.__._.__.__.______-___.__651, 728, 940, 945, 2564, 2729 --Chamblee, City of; Sanitary tax;
millage levied ...._....._..__.._........_.._.....,,...._.. 652, 728, 940, 945, 2356 --Mclntosh County; ordinary's
compensation __._....______..__...........___........_.__652, 728, 735, 833, 1236 --Hospital Authorities Law; revenue
certificates ..__________.____.__.____________.____652, 728, 987, 1956, 3366, 3369 --Hospital Authorities Law; use of
general funds ....._..____.__.___._-___...-____.....__.652, 728, 987, 1957, 3410 --Election conventions; regulations
governing conduct ___..__.________________652, 729, 736, 1470, 3039, 3084
--Motor Fuel Tax Law; refunds to counties, municipalities ........,,..-----_.---------------653, 729, 1521
--Minimum Foundation Program of Education Act; certificated personnel ________.__._._.._..______--~~654, 730, 2592, 2805
--Clayton Judicial Circuit; Judge's term ______654, 730, 830, 950, 1671
--Clayton County; Board of Commissioners of Roads and Revenues; Chairman's salary ._____._.______~654, 730, 735, 833, 1170
--Long County; Board of Commissioners of Roads and Revenues; election of county attorney ..,,_..,,...._._ 654, 730, 735, 833, 1524
--Springfield, City of; City Court Judge's salary __.____..................__......._.___....655, 731, 735, 834, 1170
--Occupational or professional tax; certain professions ._..__,,......_..._......._.__..,,._. ............_. 655, 731, 1321
--Millen, City of; City Court Judge and Solicitor; compensation ...____.___....._._....._..655, 731, 735, 834, 1170
3942 MB 1187 HB 1188 HB 1189 HB 1190 HB 1191 HB 1192 HB 1193 HB 1194 HB 1195 HB 1196 HB 1197 HB 1198
HB 1199 HB 1200 HB 1201 HB 1202 HB 1203 HB 1204 HB 1205 HB 1206 HB 1207 HB 1208 HB 1209
HB 1210
HB 1211
HB 1212 HB 1213
INDEX
--Jenkins County; Superior Court
Clerk's salary ..._.___....._____.........__..._..._..655, 731, 735, 834, 1170
--Jenkins County; Ordinary's supplemental
compensation ________.__________.___________________.___655, 731, 735, 835, 1170
--Voting machines; counter designations _____....-655, 731, 736, 1870
--Atlantic Judicial Circuit; Superior Court Judge's
secretary; salary _._________________..__.__._656, 731, 830, 835, 1203, 1236
--Chattahoochee County; Board of Education
members' terms .___._______._.__________..___________.656, 731, 735, 835, 1170
--Spalding County; Tax Commissioner's
office hours _______.___._____.___..___.__.____________...___656, 732, 735, 836, 1671
--Georgia Motorboat Numbering Act;
extend provisions ___________.____-_._.__.____.__.6B6, 732, 1987, 2772, 3410
--Woodland, City of; election date;
change
___________ 657, 732, 735, 836, 1236
--Auctions; auctioneer agent to
both parties _..___..._..._......__._....__-__...____..657, 732, 1098, 2549, 3410
--General Contractors; State construction ___.,,._______....__ 657, 832, 831
--Real estate tax; exempt certain
instruments _..__________667, 733, 1321, 2304, 2468, 2664, 3395, 3396
--Equal pay for Women Act of 1966;
amend ....657, 733, 940, 1286, 3170, 3250, 3315, 3324, 3342, 3382,
3383, 3389, 3433
--Lenox, Town of; lease certain property .-724, 825, 830, 889, 2356
--Richmond County; Sanitary landfills; dumping
of trash; garbage, etc. --.724, 825, 1025, 1227, 1229, 3005, 3055
--Wrightsville, City of; Mayor's court recorder;
appointment .... .._,,.__.......___. ..._._.__......_ 725, 826, 830, 890, 1237
--Johnson County; deputy sheriff's
salary ___...____.._...__..._..._.__......___._...______._.___72B, 826, 830, 890, 1237
--State employees; minimum hourly wage ..__._._.__..--._----725, 826
--Tax digests; reevaluation programs --_------_----.--.----725, 826
--Railroads; safeguards for transporting
of employees _.-... -----..---------.----.----725, 826
--State Communications and Data Processing
Management Board; create .._._-------------_----_...._.725, 826, 1321
--Bibb County; Board of Public Education
and Orphanage; membership ------_,----_--------...----.-..-726, 827
--DeKalb County; Juvenile Court
Judge's salary -..----------.------__------.726, 827, 830, 890, 1525
--Tift County; Board of Commissioners
of Roads and Revenues; Vice Chairman's
office .--------.----..----..------------------.726, 827, 830, 891, 1807
--Paulding County; Board of Education
members' election -------..----_----------.820, 879, 940, 946, 1237
--Paulding County; Sheriff's deputies; increase number __------__.___-..------...----820, 879, 940, 946, 1237
--Long County; Sheriff's compensation --------.--------------821, 879, 940, 946, 1234, 1845
--Solicitor-General; compensation ----------------726, 829, 879, 989
HB 1214
HB 1215 HB 1216 HB 1217
HB 1218
HB 1219
HB 1220 HB 1221 HB 1222 HB 1223 HB 1224
HB 1225 HB 1226
HB 1227
HB 1228
HB 1229
HB 1230
HB 1231
HB 1232
HB 1233
HB 1234 HB 1235
HB 1236 HB 1237
HB 1238 HB 1239 HB 1240 HB 1241 HB 1242
HB 1243
HB 1244 HB 1245
INDEX
3943
--Dalton, City of; Mayor and Council
Employees' Pension Plan; clarify __________________________________821, 879
--Dalton, City of; Corporate limits __.....___821, 880, 1100, 1171, 1671
--Georgia Real Estate Investment Board; abolish .____________.._821, 880
--Planning commissions; remove certain
restrictions ______________.____________..__...._-...______822, 880, 940, 2473, 3410
--Hancock County; Small Claims Court,
establish .__._______.________________________.__.__________822, 880, 1100, 1171, 1672
--State Board of Registration for Professional
Engineers & Land Surveyors; rosters ._......_.....___._._ 822, 880
--Lobbyists; identification badges ....__....____.......-.._.-._._..._..____822, 881
--Attorneys; admission to bar -__.---.---823, 881, 988, 2054, 2705
--Liability insurance; insurer's responsibility _____________________823, 881
--Housing Authorities Law; amend .__.....-................823, 882, 988, 991
--Pulton County; Board of Elections;
sample ballots ________....___.___._______-___.________823, 882, 1227, 1230, 3410
--Livestock; traps ____________________________--____...._____-____-_.___.824, 882, 1318
--Apportionment; House of
Representatives ....................824, 882, 940, 971, 1030, 1740, 1846
--Griffin Judicial Circuit; Solicitor-General;
compensation ...___..________.,,.____.....__.___.--...874, 934, 1100, 1815, 2994
--Griffin Judicial Circuit; Court Reporter's
compensation ........._..............___..__....____.-___ 874, 934, 940, 992, 1672
--State officials and employees; contingent
expense allowance ....______......._._------------.--------875, 935, 1665
--Civil Practice Act; service of
publication
. 875, 935, 1099, 1493, 3384, 3391, 3432
--Brooks County; Commissioners; chairman and
members; compensation ...___..._..-_~....___....875, 935, 941, 992, 1525
--Colquitt, City of; certain areas;
services and taxes ....__.._.......__._._.______--...875, 935, 941, 992, 1525
--Southern Interstate Nuclear Compact;
appropriations ____...._..____________._______.....__.824, 882, 1798, 2781, 3410
--State Board of Pardons and Paroles; written opinions ....824, 882
--State Board of Pardons and Paroles;
rule-making authority ___________________________~-~824, 883, 1099, 1951
--Attorney General; subpoenas .............._......_. 825, 883, 988, 1949
--State Board of Corrections;
define "detainer" _._._._____.._._..................825, 883, 1099, 1950, 3166
--Audits; municipalities ..............._..........____875, 935, 1319, 1575, 3410
--State depositories; deposit of State funds __________________________875, 935
--Strikes; state employees _____________...........__..___________._._._.__876, 936, 1292
--Credit Unions; amend laws .._...................876, 936, 1798, 2812, 3411
--Baldwin, Town of; Mayor;
term of office ___..__..__..__......_..._..............___877, 936, 941, 993, 1807
--Cobb County; certain officers and employees; appointment _._.________________.__.__________.___________.877, 936, 941, 993, 1860
--Teachers; sick leave ___._...____._-....._---..........__...._.........__..__.__.877, 937
--Department of Public Safety; Security Guard Division; create ................................877, 937, 1519, 1952, 3411
3944
HB 1246 HB 1247 HB 1248
HB 1249
HB 1250 HB 1251
HB 1252
HB 1253 HB 1254 HB 1255
HB 1256
HB 1257
HB 1258
HB 1259
HB 1260
HB 1261 HB 1262
HB 1263 HB 1264
HB 1265
HB 1266
HB 1267
HB 1268 HB 1269
HB 1270
HB 1271 HB 1272 HB 1273
HB 1274 HB 1275
INDEX
--Governor; purchase of motor vehicles ... 877, 937, 1990, 2515, 3411 --Obscene literature; define _,,____.______________________._______________878, 937 --State Council for the Preservation of
Natural Areas; create _______.__________._-___________________-_____927, 978, 1520 --Telfair County Hospital Authority members'
appointment _______._____.______..______.__-..__________927, 978, 988, 1106, 1672 --McRae, City of; corporate limits ________.___927, 978, 988, 1106, 1672 --Whitfield County; Board of Commissioners of Roads and
Revenues; compensation _____._____._________-927, 978, 1100, 1171, 1672 --Rabun County; certain officials;
compensation __...___._.____.__,____.______________._____928, 978, 988, 1107, 1525 --Vital Records; fee of local registrars _______________.______..__928, 978, 987 --Taliaferro County; Sheriff's salary _...928, 979, 988, 1107, 1672 --Taliaferro County; Board of Commissioners
of Roads and Revenues; member's salaries _______.__._____.______.____.___._________________.___928, 979, 988, 1107, 1672 --Worth County; Ordinary's salaries; effective date __...._....._-...__....___...._......._..._928, 979, 988, 1108, 1525 --DeKalb County; merit system; no discrimination ______.____._________-________.____928, 979, 988, 1108, 1672 --Piedmont Judicial Circuit; Superior Court terms _______________________._____________________________.929, 979, 1988, 2091 --Grand and traverse jurors; method of selection __.____.___.___________-____.____._-_.929, 979, 988, 1108 --Family planning services; assistance to anyone _______________..___..____._____._____.._______-929, 979, 1522, 1954, 3411 --Milan, City of; corporate limits __.____._____929, 980, 988, 1109, 1673 --Eastman, City of; councilmen; election .______...____..______.__--____-__-___-._---_-929, 980, 988, 1109, 1673 --Laborers' and materialmens' liens; depreciation _____ 929, 980, 1320 --Tax Collectors and Commissioners; cash book _____,,.____.._ __.__________-______.____.-._____930, 980, 1099, 1202, 3411 --Toombs County; Tax Receiver and Collector offices; consolidate __._..___.___.._._____._.__...__930, 980, 989, 1109, 1673 --Lyons, City of; Mayor and Councilmen; qualifications ......_._____._.______.930, 980, 989, 1110, 1673 --Macon, City of; firemen and policemen; dependent's benefits ...._._._....._. 930, 980, 989 --Varnell, City of; charter ___.T__.__.__.930, 981, 1100, 1172, 2849, 2924 --Tunnell Hill, Town of; city ordinance fine; increase _______.__..__.._____._____.___..______ .___...___..930, 981, 989, 1110, 1525 --Walker County; fox hunting; illegal methods ___.._____.____..___...____.__..__._.___931, 981, 986, 1575, 2994 --Dooly County; Ordinary's salary ___._.___._.931, 981, 1100, 1172, 1673 --Toombs County; officials' salaries .....____.931, 981, 989, 1110, 1673
--Dooly County; Small Claims Court; create ________ _______ ._____________-_--____-...931, 981, 1110, 1172, 1673
--Toombs County; Sheriff's salary _._______...931, 981, 989, 1111, 1673
--Trenton, City of; Mayor, Councilmen and Recorder; compensation ______-___-_-.._._-_._.931, 982, 989, 1111, 1525
HB 1276 HB 1277 HB 1278 HB 1279
HB 1280 HB 1281 HB 1282 HB 1283 HB 1284
HB 1285
HB 1286 HB 1287
HB 1288 HB 1289 HB 1290 HB 1291 HB 1292 HB 1293 HB 1294 HB 1295 HB 1296 HB 1297
HB 1298 HB 1299
INDEX
3945
--Clarke County; Jury list; percentage to serve
as grand jurors __......-.........'_..._.________.-___.932, 982, 989, 1111, 1526
--Planning commissions; rezoned property;
publication and hearings
... 932, 982, 1320, 1576, 3411
--Tattnall County; Board of Education;
members and districts ___.____..__________.______.932, 982, 989, 1112, 1526
--Tattnall County; Board of Commissioners
of Roads and Revenues; number of
members
.....,,-____..932, 982, 989, 1112, 1526
--Juries; criminal cases; verdict of guilty
or not guilty ._.....__._..-____._. _..__.......__._.._932, 982, 1517
--Greene County; officials' salaries and
mileage allowances .___.............__.___.........933, 983, 989, 1112, 1674
--Morgan County; certain officials'
salaries _..._.____________..___...._________._.._______-____.933, 983, 989, 1113, 2356
--Morgan Gouty; tax receiver and collector
offices; consolidate __..__...._._._.....__.........__.933, 983, 989, 1113, 2356
--Morgan County; Board of Commissioners of
Roads and Revenues; appoint depositories for
county funds ........_______._..........._......__.___.933, 983, 989, 1113, 2356
--Greene County; Board of Commissioners
of Roads and Revenues; Chairman and
members' compensation _._____._________.__..._._933, 983, 989, 1114, 1674
--Rutledge, Town of; change
to City of ._.__.______._.......____,._-_......_______-_..934, 983, 989, 1114, 2356
--Morgan County; Board of Commissioners of
Roads and Revenues; Chairman, Vice-Chairman and
member compensation _________.______934, 983, 989, 1114, 2358, 3050
--Greene County; Tax Commissioner's
compensation ...._._.____._......___.___._..........._..934, 984, 989, 1115, 1674
--Alligator farms; licensing ___.__..__________..972, 1093, 1165, 1576, 2705
--Ad valorem tax; motor vehicles _._..........__..__....__.._- 973, 1094, 1801
--Condemnation proceedings; payment of costs and fees __973, 1094
--Uniform Commercial Code; implied
warranties __.._._._._..__.__......______.._..........973, 1094, 1664, 2046, 2705
--Alligators; hunting and trapping;
open season _______________.__.___..__..___._________._.973, 1094, 1165, 2046, 3411
--Medical and scientific research;
promote facilities ....._.._._._.........973, 1094, 1229, 1447, 1451, 2707
--North High Shoals, Town of;
corporate limits .__..,,...._____....._..._.__----.974, 1094, 1100, 1173, 1674
--State income tax; transfer of property
by corporations ....___.........._..._...._..._.._..974, 1095, 1165, 1417, 2705
--Columbia County; street, sidewalk, curbing, water and sewer mains repair; assess property owners .......... 975, 1095, 1100, 1173, 1674
--Meriwether County; certain officials; salaries ......._..._.._....._................._......... 975, 1096, 1100, 1173, 1674
--Manchester, City of; municipal elections ............__........._._..............----....975, 1096, 1100, 1174, 1674
3946 KB 1300 HB 1301 HB 1302 HB 1303 HB 1304 HB 1305 HB 1306 HB 1307 HB 1308 HB 1309 HB 1310 HB 1311 HB 1312 HB 1313 HB 1314 HB 1315 HB 1316 HB 1317
HB 1318 HB 1319 HB 1320 HB 1321 HB 1322 HB 1323
HB 1324 HB 1325
INDEX
--False reports of crimes; unlawful ________976, 1096, 1165, 2201, 3412 --Rockdale County; Sheriff's deputies;
increase number ..................................__976, 1096, 1227, 1231, 1807 --State Game and Fish Commission;
revise laws ____________._........._..._.___.976, 1097, 1165, 2192, 2900, 3171 --Tax on Transfer of Real Property Act;
exempt certain instruments ------_,,_______._..____.--.___._--976, 1097 --Glascock County; Treasurer's
compensation .__..._.____._..................._______977, 1097, 1100, 1174, 1674 --Glascock County; Board of Commissioners;
members' compensation __..........__...._._977, 1097, 1100, 1174, 2560 --Glascock County; Tax Commissioner's
compensation ......_....................._......._..977, 1097, 1100, 1175, 1675 --Colquitt County; change name to
Civil and Criminal Court ___..______.___.___.977, 1097, 1227, 1231, 1807 --Bibb County; Board of Commissioners of Roads
and Revenues; election districts ........__.___..._.._.__......._.....977, 1097 --Divorce; service of process and
appearance; waiver ._____________.___,,___......__._____.___977, 1098, 1165 --Bremen, City of; sanitary needs;
condemn land _...-....-.........-_.__.____..__.1089, 1159, 1799, 1810, 2560 --Pornography; unlawful to sell to any person
under 18 years of age ._..___.___.._..___...............1089, 1159, 1517, 2955 --State Board of Registration for Professional Engineers
& Land Surveyors; examination ._.____________________________.____1089, 1159 --Nomination petitions; presidential
electors ............................._________._.......___.....1089, 1159, 1228, 2325 --State employees; labor unions _._______..____._______.___..______________1090, 1160 --Sales tax; property sold to
private schools .__._._.___.__.................__-_.1090, 1160, 1321, 1573, 3167 --Coffee County; Board of Education;
create new Board ....__......___.-.._.___.....1090, 1160, 1227, 1231, 2238 --Coffee County; Board of Commissioners
of Roads and Revenues; number of members _.___.__._.____._______.___________._____.____1090, 1160, 1227, 1232, 2238
--Candler County; Board of Education; members and districts __........_....._..-_.1090, 1160, 1227, 1232, 1807
--Trucks used for well digging purposes; annual license fee ___..._____.___:............_-...___.___.__......1090, 1160, 1800
--McRae, City of; election laws ..___._____..1091, 1161, 1227, 1232, 1807
--State Board of Registration for Professional Engineers & Land Surveyors; examination _____________________________.____1091, 1161
--State Highway Department; grants .....___......_.._....__......1091, 1161
--Carroll County; Board of Education; members' elections and positions on the Board .^ ....... ^ _______-._____._____1091, 1161, 1800, 1815, 2995
--Carroll County; Board of Education; School Superintendent; appointment ..._....1092, 1161, 1800, 1810, 2614
--State Building Administrative Board; create ................1092, 1161
HB 1326 HB 1327
HB 1328 HB 1329 HB 1330 HB 1331 HB 1332 HB 1333 HB 1334 HB 1335 HB 1366 HB 1337 HB 1338 HB 1339 HB 1340 HB 1341 HB 1342 HB 1343 HB 1344 HB 1345
HB 1346 HB 1347 HB 1348
HB 1349 HB 1350
HB 1351 HB 1352
INDEX
3947
--Tift County; Airport Authority; establish __________..___._.__._.._._________._______._.1092, 1162, 1799, 1810, 2560
--Cobb County; Mt. Harmony Militia District; include within 32nd Senatorial District -....__............._._....._________.1092, 1162, 1839, 2088, 2520, 3165
--Uniform Narcotic Drug Act; penalties for violations ..............__.___._____...__................__..__.___.1092, 1162, 1664
--Worthless checks; felony ........_._.......______..................1092, 1162, 1228 --State Board of Examiners for Certified Water &
Wastewater Treatment Plant Operators; create ______1093, 1162 --Clayton County; junkyards;
control ._.._..._._.................................__.__.1093, 1162, 1227, 1233, 1807 --Department of Agriculture; private seed testing
laboratories; licenses .._.......__.___-__.,,...____...._1153, 1221, 1318, 2474 --Concentrated commercial feeding stuffs; eliminate
inspection fees __..___..._..___._..______.__.....1153, 1222, 1318, 2474, 3161 --Citrus fruit; standards of quality ......1153, 1222, 1318, 2475, 3412 --Livestock; quarantine and inspection;
include horses ____._._._..__.._______....._______.........__._1153, 1222, 1318, 2550 --Livestock; crimes concerning; include horses ... 1153, 1222, 1318 --Livestock; loading or handling;
include horses __..._.._...._...__.__.._._._._......_........._.........1153, 1222, 1318 --Livestock; buying and selling; include horses ......1154, 1222, 1318 --Livestock; auctions; include horses .___.___._______.____.1154, 1222, 1318 --Superior Court Clerks; use of
microfilm ............._..............____........._..1154, 1223, 1320, 2483, 3168 --Federal Tax Lien Act of 1966;
registration _______.________________._.__.______.___1154, 1223, 1320, 2191, 3412 --License plates; allow 50! for
mailing to applicants .......................1154, 1223, 1321, 2044, 3412 --Douglas, City of; Board of Commissioners;
members' election ..........................1154, 1223, 1227, 1324, 2238
--Alcoholic beverages; sales in certain counties ........ ... ....................... 1155, 1223, 1802, 2398
--Mclntosh County; sheriff's expense allowance .___.__.__.._...__..__..___.__.._._._..__.1155, 1223, 1227, 1325, 1808
--Agricultural Commodities Promotion Act; marketing procedures .._..__.___.._......-.1155, 1224, 1445, 1957, 2999
--Albany, City of; employees' pension; amount levied ......_._._.....__._____..._._...__.1156, 1224, 1447, 1452, 2238
--Livestock; feeding of garbage; include horses ................_..._......-.__.__..__..__..__.1156, 1224, 1318, 2552
--Cobb County; Law Library; Comptroller shall be treasurer ...... ...................1156, 1225, 1518, 1681, 3412
--Cobb County; Law Library; create ._......._............_.__...............______.____1157, 1225, 1227, 1325, 1808
--Smyrna, City of; corporate limits; increase ...................._..._..__..... 1157, 1225, 1227, 1325, 2849, 3172
--Board of Health; increase membership .........__.___1157, 1225, 2352
3948
HB 1353 HB 1354 HB 1355 HB 1356 HB 1357 HB 1358 HB 1359 HB 1360 HB 1361 HB 1362 HB 1363 HB 1364 HB 1365 HB 1366 HB 1367 HB 1368 HB 1369 HB 1370 HB 1371 HB 1372
HB 1373 HB 1374 HB 1375 HB 1376 HB 1377
HB 1378
HB 1379
HB 1380
INDEX
--Chatham County; Savannah, City of; Board of
Education; members' election _______-1157, 1225, 1518, 1538, 2560 --Agriculture; labels affixed to certain
agricultural commodities ________1158, 1226, 1318, 2045, 3000, 3097 --Solicitors General; contingent
expense allowance ____-____.-__.__._--_______1158, 1226, 1799, 2209, 3412 --Augusta, City of; pension fund;
invest ____._._____.__._.__.______..____..________.______.1158, 1226, 1227, 1326, 2239 --Income tax; school expenses; deductions ______________1158, 1226, 1521 --Clarke County; Law Library;
maintain _____._____________________.._______._______1159, 1226, 1227, 1326, 1808 --Teachers' sick leave; proper notice _________-___._.__._--1218, 1312, 1319 --Insurance; motor vehicles;
cancellation ...._.......___....._.._........_.._..1218, 1312, 1446, 1866, 3412
--Georgia State Board of Hearing Aid Dealers and Fitters; create ______-______-_________-__________-._________1218, 1312, 1664
--Wilkes County; Ordinary's salary ......_. 1218, 1312, 1319, 1452, 2239 --Condemnation proceedings; private ways;
amend procedure _...___.________-_-_.____._____._____..___.1218, 1312, 1446
--Macon County; Ordinary's salary __1219, 1313, 1319, 1452, 2239 --Newton County; Sheriff's salary ___...1219, 1313, 1320, 1453, 2561 --Decatur, City of; Parking Authority;
create ___________.___.___._.__.________________________1219, 1313, 1320, 1453, 2561 --Drivers' Licenses; classification __..___.__..._............. 1219, 1313, 1519 --Whitesburg, Town of; Mayor and council;
election date ___._.___.___________________.______1220, 1313, 1988, 2091, 2845 --Pierce County; deputy sheriffs'
salaries ___________.________._-___-_____-__________1220, 1313, 1447, 1453, 2356 --Brantley County; Board of Commissioners; number of
commissioners __..__.________1220, 1314, 1447, 1454, 2563, 2949, 3003
--Brantley County; Treasurer; abolish office ____.___.__.________.____._-___.___-1220, 1314, 1448, 1454, 2357
--Pierce County; Board of Commissioners of Roads and Revenues; Chairman's compensation ___._.__._________.__.__._-_.___._____1220, 1314, 1448, 1454, 2357
--Brantley County; Development Authority; revenue
certificates _.__.___..._______.._________-1220, 1314, 1447, 1455, 2563, 2925
--State Penal and Rehabilitation Authority Act;
bond limitation
.... ............_._.- -_.._ 1221, 1314, 1801, 2783
--State Board of Education;. contracts ___.._________.-___.___._______.___..__..__-1221, 1315, 1319, 2475, 3165
--Irwinton, Town of; charter _______.__..___-1302, 1436, 1447, 1545, 2239
--Lake Lanier Island Development Authority; amend Act creating _____________________.1302, 1436, 1989, 2475, 3166
--Motor vehicles; inspection law; increase fee __.___________.._________.____________.._________..___..__._1302, 1437, 1800
--Bartow County; Sheriff; employ jailer and cook _._.___.____.__.___.________.._______________.1302, 1437, 1447, 1546, 2239
--Ambrose, City of; treasurer; file statement with superior court clerk __.___._-.-__.__1302, 1437, 1447, 1546, 2239
HB 1381 HB 1382 HB 1383
HB 1384 HB 1385 HB 1386 HB 1387 HB 1388
HB 1389 HB 1390 HB 1391 HB 1392
HB 1393 HB 1394 HB 1395
HB 1396 HB 1397 HB 1398 HB 1399 HB 1400 HB 1401 HB 1402 HB 1403
INDEX
3949
--Nichols, Town of; Treasurer; file statement with superior court clerk ..______._...-1303, 1437, 1447, 1546, 2239
--Broxton, City of; Treasurer; file statement with superior court clerk ..........._.-1303, 1437, 1447, 1547, 2240
--Coffee County; Board of Commissioners clerk; file statement with superior court clerk -----1303, 1437, 1447, 1547, 2240
--Douglas County; Board of Education; appoint Superintendent .._____...._._____.. 1303, 1438, 1447, 1547, 2240
--Grady County; Board of Education; create new Board ___________.,,--____.___._-..1303, 1438, 1447, 1548, 2240
--Gumming, City of; corporate limits--1303, 1438, 1447, 1530, 2357 --Colquitt County; Ordinary's
compensation ____---_____________._______.-.1304, 1438, 1447, 1548, 2240 --Albany, City of; Commissioners' absences
excused; employ city physician ....1304, 1438, 1447, 1548, 2241, 2578
--Cleveland, City of; corporate limits; polls opening and closing _______________________ 1304, 1438, 1799, 1811, 2561
--Jesup, City of; Mayor and commissioners; elections .______.______..___.__..__________..______.._. 1304, 1438, 1447, 1534, 2357
--Wayne County; Board of Education; members' election _.__.__.__..__.....1304, 1438, 1447, 1549, 2358, 2640
--Wayne County; Board of Commissioners of Roads and Revenue; members' terms of office .___--___________-.-______._--__---1305, 1439, 1447, 1549, 2357
--State Department of Veterans Service; Director's compensation ________.__._...-.-.___ 1305, 1439, 1470, 1665
--State Parks Department; Director's salary ...__________...___......__.____....._.______...._._..___ __1305, 1439, 1470, 1665
--Pulton County; trucks hauling gravel or stone; prohibited on streets without protective covering _.....__.._______________._.____..._1305, 1439, 1569, 1665, 1688, 3412
--Atlanta, City of; municipal zoo; General Assembly to appropriate funds __--------,,----1305, 1439, 1989
--State Revenue Department; Deputy Commissioner's salary ........ ._____..______.._...1305, 1439, 1665
--Glynn County; Juvenile Court; judges' salary -.--__.____--------_.___1306, 1439, 1447, 1549, 3413
--Washington County; Airport Authority; create ------_____--------______-_____.______--1306, 1440, 1447, 1550, 2561
--Wayne County; Superior Court Judge; empanel grand jury .......__.__.__.._.._...... 1306, 1440, 1447, 1550, 2995
--Workmen's Compensation; base period employers; separation notices __--------____.,,..____________--.1306, 1440
--Bainbridge, City of; Aldermen; number and election method ______ ..1221, 1315, 1799, 1811, 2561
--Clayton County; Employees' Civil Service coverage ....___.._...__-.......___.....1307, 1440, 1447, 1550, 2240
3950 HB 1404 HB 1405 HB 1406 HB 1407
HB 1408 HB 1409 HB 1410 HB 1411
HB 1412 HB 1413 HB 1414 HB 1415 HB 1416 HB 1417 HB 1418 HB 1419 HB 1420 HB 1421 HB 1422 HB 1423
HB 1424 HB 1425
HB 1426 'HB 1427
INDEX
--General Assembly; Constitutional amendments;
statutory interpretations __.._,,_-__--.1307, 1440, 1517, 2797, 3413
--Minors; insane persons; legal
custodians ____.___._.._...._...-._________._..__..1307, 1441, 1448, 2220, 3413
--Elizabeth, City of; corporate
limits
-- ... _..... 1307, 1441, 1447, 1551, 2240
--Atlanta, City of; Region Metropolitan
Planning District; increase
membership ........_.........._._.____._... ..... 1308, 1441, 1518, 1681, 3413
--Richmond County; additional deputy
sheriffs
________________ 1308, 1441, 1447, 1551, 2241
--Brantley County; officials
salaries __..___.___.__._.......... 1308, 1441, 1447, 1551, 2358, 2395, 2901
--Pierce County; Board of Education;
members' election ....._.___..___..__.__.._.. 1308, 1441, 1447, 1552, 2561
--Clayton County; Board of Commissioners
of Roads and Revenues;
fiscal authority ___ ___..__...._.._.. 1309, 1442, 1447, 1552, 2241, 2925
--General Assembly; effective date
of laws __..___.__..___._.__........___..__.___.........1309, 1442, 1517, 1947, 3413
--Contractors; State contracts; taxation __..........__..........1309, 1442
--Houston County; Tax Commissioner;
arbitration committee _._.__......1309, 1442, 1448, 1552, 2898, 2926
--Houston County; Superior Court Clerk;
arbitration committee ........... 1309, 1442, 1448, 1553, 2898, 2927
--Houston County; Sheriff; arbitration
committee ___.___.._._-...._-_-__.__.-_.1310, 1443, 1448, 1553, 2898, 2928
--Houston County; Ordinary;
arbitration committee _.._._.__ 1310, 1443, 1448, 1553, 2898, 2929
--Houston County; City Court;
jurisdiction _ .
1310, 1443, 1448, 1554, 2614
--Centerville, City of; Mayor and Council;
qualifications .. __...__._..._........__.__..__. 1310, 1443, 1448, 1554, 2614
--Planning Commission; establish
planning department
..... 1311, 1443, 1448, 2817, 3413
--Motor Vehicle Certificate of Title Act;
exempt if horsepower 3.5 or less _._._--------__._____._______.1311, 1444
--Ocmulgee Judicial Circuit; add
one Judge ...
. 1311, 1444, 1517, 2031, 3349, 3356
--Department of Agriculture; Commissioner;
tenure salary increase ....... 1311, 1444, 1801, 1803, 2332, 2468
2655, 3226, 3227, 3278, 3284, 3335, 3339
--Industrial Services Advisory
Committee; create ............................ISll, 1444, 2592, 2796, 3413
--Henry County; Board of Commissioners of
Roads and Revenues; members'
elections ....................................... 1429, 1510, 1518, 1681, 3161
--Henry County; Board of Commissioners of
Roads and Revenues; districts ..... 1429, 1510, 1518, 1682, 3161
--Henry County; Superior Court Clerk and
Ordinary; compensation ..............1429, 1510, 1518, 1682, 3162
HB 1428 HB 1429 HB 1430 HB 1431 HB 1432 HB 1433 HB 1434 HB 1435 HB 1436 HB 1437 HB 1438 HB 1439 HB 1440 HB 1441 HB 1442 HB 1443 HB 1444
HB 1445 HB 1446
HB 1447 HB 1448 HB 1449 HB 1450 HB 1451 HB 1452 HB 1453
HB 1454
INDEX
3951
--Webster County; Commissioner of Roads and Revenues; salaries ..................1430, 1511, 1664, 1688, 2357
--Webster County; private property; remove public nuisance ...___..._._._.___...... 1430, 1511, 1664, 1688, 2614
--Georgia Civil Practice Act; summons ..._..._______ 1430, 1511, 1799 --Uniform Time Act; abolish within State .______.. 1430, 1511, 2234 --Carroll County; Haralson County; Airport
Authority; establish ........... 1431, 1511, 1518, 1682, 2561 --Baxley, City of; Mayor's vote
before council __._______.....__._._ 1431, 1511, 1518, 1683, 2563, 3053 --West Point, City of; sale of
certain property ............ 1431, 1511, 1518, 1683, 2561 --Macon County; Tax Receiver and Collector;
consolidate offices -_______......__....__...__ 1431, 1512, 1518, 1684, 2357 --Courts of Inquiry; misdemeanor; examination
within 24 hours ......._--,,--_..--._-______________ 1432, 1512, 2090 --Harris County; Small Claims Court;
commencement of actions ..,,___ ______ 1432, 1513, 1518, 1684, 2357 --Georgia Firearms and Weapons Act;
create __.._._..._ 1432, 1513, 1517, 2201, 2209, 2209, 2293, 2674, 3413 --County Commissioners; strike "Roads and
Revenues" from official name ______ 1433, 1513, 1519, 2806, 3414 --Port Oglethorpe, Town of; Mayor and
aldermen; terms of office ... 1433, 1513, 1518, 1684, 2359, 3151 --Peach County; Tax Commissioner's salary
and personnel .___....__________.....____...._._ 1433, 1513, 1518, 1685, 2614 --Peach County; Superior Court Clerk's salary
and personnel _ ......... 1433, 1514, 1518, 1685, 2614 --Peach County; Ordinary's salary ___ ..1434, 1514, 1518, 1685, 2614 --Peach County; Board of Commissioners
of Roads and Revenues; terms of office ___.....________....-....__.____ 1434, 1514, 1518, 1686, 2615 --Marietta, City of; corporate limits ... 1434, 1514, 1518, 1686, 2615 --Screven County; Sylvania, City of; Sylvania-Screven Airport Authority; create ________.....____.___...._..______________ 1434, 1514, 1518, 1686, 2358 --Sales tax; Planning Commissions .________....._______ 1434, 1514, 1840 --Emanuel County; Board of Education; create five member Board ____________ 1435, 1515, 1518, 1687, 2358 --Tift County; building permits ......... 1435, 1515, 1518, 1687, 2358 --Augusta Judicial Circuit; Judge's salary; supplemental payments ___...______..___ 1435, 1515, 1518, 1687, 2705 --Malt beverages; seizure by revenue agents ........_____________..._______.---....._ 1436, 1515, 2090, 2534, 3414 --Alcoholic Beverages; Liquor stores and lounges; clarify definitions ..________..___..__.____........1436, 1516, 2090 --Alcoholic Beverages; licenses; prohibit if 2,000 feet or less from existing liquor store -....--.--...-.__-.. 1436, 1516, 1802, 2308 --Chattooga County; Sheriff's deputies and jailer; compensation .___...____.__.. 1506, 1659, 1664, 1819, 2562
3952 HB 1455 HB 1456 HB 1457 HB 1458 HB 1459 HB 1460 HB 1461 HB 1462 HB 1463 HB 1464 HB 1465 HB 1466 HB 1467 HB 1468 HB 1469 HB 1470 HB 1471 HB 1472 HB 1473 HB 1474 HB 1475 HB 1476 HB 1477 HB 1478 HB 1479 HB 1480 HB 1481 HB 1482
INDEX
--Chattooga County; Tax Receiver and Collector; consolidate offices ...._._......__-__.__.._-..1506, 1659, 1664, 1811, 2562
--Cook County; Ordinary's salary .....__.1506, 1659, 1664, 1811, 2562 --Coffee County; Sheriff; Clerk's
salary ......_....._.......___.___._....____.....__.._.1507, 1660, 1664, 1812, 2562 --DeKalb County; Solicitor's salary .,..1507, 1660, 2843, 2852, 3414 --Washington County; Sheriff's
compensation __._.__.____-....____..._1507, 1660, 1664, 1812, 2616, 2930 --Union County; Sheriff's salary .....__.1508, 1660, 1664, 1813, 2562 --Brunswick, City of; Revenue; requirements
for raising __________________._.______________.____.1508, 1661, 2843, 2854, 3414 --Sales tax; retail sales; tangible
personal property .....__......_._..._____._..1508, 1661, 2089, 2328, 3414 --Stone Mountain Judicial Circuit;
Superior Court terms ______._-_.___.._____1508, 1661, 1799, 1813, 2846 --Nicholls, City of; Mayor and Aldermen;
compensation ___.__._______________________--.___1508, 1661, 1665, 1813, 2562 --Boston, City of; Police Chief-Marshal;
election ........__......__...._.._......__-....._..._...1509, 1661, 1665, 1813, 2562 --Floyd County; Solicitor-General Office
employees; Merit System _,, 1509, 1662, 1800, 1820, 2616, 2931 --DeKalb County; zoning and rezoning;
improve regulations ... 1509, 1662, 1665, 1814, 3005, 3259, 3335 --Talbot County; Tax Commissioner;
compensation _____-__-__-__.____._-____.____.1509, 1662, 1665, 1814, 2563 --Talbot County; additional deputies;
compensation ...........__......_........_.1510, 1662, 1665, 1815, 2562 --Shavings and sawdust used for animal
husbandry; sales tax .__..-......._.._...._._...........-......_-....._-.1653, 1790 --Lumpkin, City of; corporate limits ... 1653, 1790, 1799, 1996, 2615 --Debts; unincorporated organizations
or associations ___..___........_-..-._..-...._......_-....--......-_1653, 1790, 2592 --Paulding County; sewerage system
maintenance ......._......-.-.......-_...._._._.1653, 1791, 1799, 1997, 2846 --Cobb County; Civil and Criminal Court;
increase jurisdiction __..__....-......__.....1654, 1791, 2353, 2567, 3162 --Austell, Town of; corporate limits ___ 1654, 1791, 1988, 2092, 3414 --State Income tax; Armed Forces
Commissioned Officers _.__.____--_-._--___.1654, 1791, 1802, 2535 --Confidential communications; physician
and patient _________.____________._..-_____-.____--___--_-~_1655, 1792, 2088 --Motor Fuel Tax Law;
motor carriers _..,,-...__......_......_..._....__ 1655, 1792, 1802, 2670, 3166 --Prefabricated homes; standards of
construction ..._._._.......___......_-.-...._._-.1656, 1793, 1800, 2487, 3166 --Eastern Judicial Circuit; Judges' salary;
supplemental payments ............._.._1656, 1793, 1799, 1997, 3414 --Macon, City of; Mayor and Aldermen;
time of taking office ........._........_._...1656, 1793, 2235, 2248, 2995 --Stewart County; Clerk's and
Ordinary's fees .............___-...-__.....1657, 1793, 1799, 1997, 2615
HB 1483 HB 1484 HB 1485 HB 1486 HB 1487 HB 1488 HB 1489 HB 1490 HB 1491 HB 1492 HB 1493 HB 1494 HB 1495 HB 1496 HB 1497 HB 1498 HB 1499 HB 1500
HB 1501
HB 1502
HB 1503
HB 1504
HB 1505 HB 1506
HB 1507
HB 1508
HB 1509
INDEX
3953
--Deer hunting; minors ___.___.__-._______..__....___..._..--.....1657, 1794, 1987 --Stewart County; Tax Commissioner's
fees ___.....___..................................._____._.1657, 1794, 1799, 1998, 2615 --Stewart County; Sheriff's salary __ .1657, 1794, 1799, 1998, 2615 --Toombs Judicial Circuit; Solicitor-
General's salary ___________._____.1657, 1794, 2593, 2710, 3005, 3074 --Swainsboro, City of; corporate limits;
municipal elections ,,_.._._._. 1658, 1794, 1988, 2114, 2995 --Twin City, City of; Municipal elections;
registration of voters __....................1658, 1794, 1988, 2123, 2995 --Catfish; sales tax .-.._____._._______.____-_..___._.__._.__1658, 1795, 1991, 2810 --LaGrange, City of; corporate limits- 1658, 1795, 1799, 1998, 2615 --Glenwood, City of; Mayor and
Councilmen; qualifications ___.._,,... 1779, 1977, 1988, 2092, 2846 --Georgia State Board of Nursing Homes;
create _._.___.___.___.........................1779, 1977, 2088, 2508, 3279, 3310 --Montgomery County; Tax Commissioner's
compensation _____._.___.______..___.1779, 1977, 1988, 2092, 2849, 2931 --Mount Vernon, City of;
corporate limits ....___..._.__..____._.._...,,. 1779, 1977, 1988, 2093, 2346 --Donalsonville, City of; Mayor and
Aldermen; compensation ___._____.____.1780, 1977, 1988, 2093, 2846 --State Board of Funeral Service;
board members _._____.____.-..__-.-.__.__--..--1780, 1977, 2088, 2672 --McDonough, City of; recreational
facilities ______-____________________________.____._.1780, 1977, 1988, 2093, 3162 --Surplus State property; procedure
for disposal ....._......___.___.__..... 1780, 1978, 2354, 2667, 3395, 3401 --Hogansville, City of; Public Utility;
sale of ____________._____________.__.________-_-_____~1780, 1978, 1988, 2094, 2846 --Stewart County; Commissioner of Roads and
Revenues; compensation ______________.__.1780, 1978, 1988, 2094, 2846
--Baldwin County; Tax Receiver and Collector; compensation ._..__.__.___.____...._.... 1781, 1978, 1988, 2094, 2898, 3054
--Lyons, City of; Corporate limits; change ..__.....__.-__.____-........._....._______._.__.1781, 1978, 1988, 2095, 2846
--Whitfield County; Sheriff, Clerk and Ordinary; compensation ...................._____..__......._1781, 1978, 1988, 2095, 2847
--Whitfield County; Tax Commissioner; compensation _______._________..._____...____.__1781, 1978, 1988, 2095, 2847
--Cosmetology; rules and regulations ,,_____. ___.___________1781, 1978
--Supervisor of Purchases; State-owned personal property surplus ___--_--.------__--._,,__________. 1781, 1979
--Fulton County; Criminal Court; method of trial and correction of errors ________.._.._....1782, 1979, 2235, 2249, 3414
--State Board of Registration for Professional Engineers & Land Surveyors .._--,,----..___.-,,__-1782, 1979, 2594
--Covington, City of; Officials' conduct; certain limitations _,,.__._,,_____.__.________1782, 1979, 1988, 2096, 2995
3954 HB 1510 HB 1511 HB 1512 HB 1513 HB 1514 HB 1515 HB 1516 HB 1517 HB 1518 HB 1519 HB 1520 HB 1521 HB 1522 HB 1523 HB 1524 HB 1525 HB 1526 HB 1527 HB 1528 HB 1529 HB 1530 HB 1531 HB 1532 HB 1533 HB 1534 HB 1535
INDEX
--State Department of Air Transportation; appointment of officers __.----_--------------------1782, 1979
--Mortgages and security deeds; railroads and public utilities ----------------1658, 1795, 1799, 2193, 3415
--Uniform Commercial Code; secured transactions _---_-_-----------------1659, 1795, 1799, 2193, 3415
--Pulton County; Atlanta, City of; local education commission; re-establish ----------1659, 1795, 2235, 2258, 3415
--Charitable institutions; sales tax ____._.._..._.___._.____................1783, 1980 --Washington County; Superior Court
Clerk's salary --------------------1783, 1980, 1988, 2096, 2847 --Motorcycles; safety devices _----------_----_--_..------1783, 1980 --Clermont, Town of; mayor and councilmen;
election --_-_-------------------------1783, 1980, 1988, 2096, 2847 --Vidalia, City of; new charter;
create ------------------------1784, 1980, 1988, 2097, 2899, 3051 --Conasauga Judicial Circuit; Judge's
salary ------------------------------1784, 1981, 1988, 2097, 2847 --Cochran, City of; Corporate limits;
change by referendum ------------..1784, 1981, 1988, 2097, 3365 --Wilkes County; Superior Court deputy clerk;
compensation __------------------1784, 1981, 1988, 2098, 2847 --Gilmer County; Tax Receiver and Collector;
consolidate offices --___------------.1785, 1981, 1988, 2098, 2847 --Jenkins County; Commissioner of Roads and Revenues
members; increase --------------------1785, 1982, 1989, 2098, 2995 --Jenkins County; Board of Education;
create new Board ------------------1785, 1982, 1989, 2099, 2996 --Mitchell County; Tax Commissioner's
term and compensation --------------1786, 1982, 1989, 2099, 2847 --Echols County; Board of Commissioners of Roads
and Revenues; terms of office ........1786, 1982, 1989, 2099, 3415 --Echols County; Superior Court Clerks;
salary ------------1786, 1982, 2235, 2249, 2996, 3039, 3040, 3255
--Echols County; Board of Education members; election __________________________.__._--1786, 1982, 1989, 2100, 3415
--Echols County; Judge; term of office....!786, 1982, 1989, 2100, 3415
--Chatham County; Local Government Tax Commission; establish __..---..--.--------------------------1786, 1983, 2235, 2467
--Jefferson County; Board of Education; add two members _.,,._______._._.___________.__._--______. 1786, 1983, 1989, 2133, 2996
--Toombs County; Board of Education members; election ------------------------------1787, 1983, 1989, 2100, 2848
--Minimum grants; provide, certain mumcipalities___.___-__-__--__----------..1787, 1983, 2236, 2798, 3415
--Catoosa County; Board of Utilities Commissioners; powers--.--------.---.------.------.1787, 1983, 1989, 2101, 2848
--Stephens County; Sheriff's compensation --------1787, 1983, 1989, 2101, 2996
HB 1536 HB 1537 HB 1538 HB 1539 HB 1540 HB 1541 HB 1542 HB 1543 HB 1544 HB 1545 HB 1546 HB 1547 HB 1548 HB 1549 HB 1550 HB 1551 HB 1552 HB 1553 HB 1554 HB 1555 HB 1556 HB 1557 HB 1558 HB 1559 HB 1560 HB 1561
INDEX
3955
--Eatonton, City of; Council members' salaries-----.1787, 1983, 2235, 2249, 2996
--Stephens County; Superior Court Clerk's salary............1787, 1983, 1989, 2101, 2996
--Stephens County; Development Authority; issue revenue bonds.----------------------1788, 1984, 1989, 2102, 2848
--Stephens County; Ordinary's salary.--------1788, 1984, 1989, 2102. 2996
--Fulton County; Civil Service Board; salary per diem...-1788, 1984 --Brunswick, City of; primary candidate; nominating
petition----_______..__...._.....................__...__. 1788, 1984, 1989, 2102, 3415 --DeKalb County; Board of Commissioners of Roads and
Revenues; Chairman and members; compensation----1788, 1984 --Walker County; Board of Education member's
election-----...----..---.----------------1788, 1984, 2088, 2105, 2848 --Burke County; Sheriff's compensation.----....--....1788, 1984, 1989,
2103. 2996 --Department of Public Safety; Director's salary----------1789, 1985 --Guyton, Town of; voters' qualifications and
elections------......................................1968, 2076, 2088, 2250, 2997 --Counties; personnel----...........................1968, 2076, 2353, 2683, 3416 --Americus, City of; Judge's compensation----------.1968, 2077, 2089,
2250. 2997 --Life insurance companies; tax on gross direct
premiums.-------.------.------..----.--1968, 2077, 2701, 2890, 3416 --Workmen's Compensation; State employees--.-1789, 1985, 2233,
2581 --Milledgeville, City of; sanitary services to
county----..------.------.------------...1968, 2077, 2089, 2250, 3179 --Walker County; Rural Water and Sewer Authority;
members; appointments....................1969, 2077, 2089, 2251, 2997 --Clarke County; Juvenile Court Judge; salary....._..1969, 2077, 2089,
2251. 2997 --Unemployment Compensation Law; reduction in
contribution rates ----.----------.._--.----..----------1969, 2077
--Barbers; shops can train no more than 2 apprentices at any one time .....------------------------------........1969, 2077, 2701
--Riverdale, City of; certain officials; salaries ...... 1969, 2078, 2089, 2251, 2997
--Jones County; Board of Commissioners; posts---------1970, 2078, 2089, 2252, 2997
--Jones County; Sheriff's deputies; two additional....----1970, 2078, 2089, 2252, 2997
--State Board of Registration for Professional Engineers & Land Surveyors; license------------------------1970, 2078, 2594
--Jasper County; Board of Commissioners of Roads and Revenues; posts----...................-1970, 2078, 2089, 2252, 2997
--State Board of Registration for Foresters; licenses as registered foresters--------------_----.._...------.--.1971, 2078
3956 HB 1562 HB 1563 HB 1564 HB 1565 HB 1566 HB 1567 HB 1568 HB 1569 HB 1570 HB 1571 HB 1572 HB 1573 HB 1574 HB 1575 HB 1576 HB 1577 HB 1578 HB 1579 HB 1580 HB 1581 HB 1582 HB 1583 HB 1584 HB 1585 HB 1586 HB 1587
HB 1588
INDEX
--Bulloch County; Civil and Criminal Court; establish---......-..--.---------1971, 2079, 2235, 2253, 2998
--Bulloch County; Superior Court Clerk's salary.------.--1971, 2079, 2235, 2253, 2998
--Bulloch County; Ordinary's compensation.----..--1971, 2079, 2235, 2253, 2998
--Bulloch County; Sheriff's salary----1971, 2079, 2235, 2254, 2998 --Bulloch County; Board of Commissioners of Roads and
Revenues; Chairman's salary--------1971, 2079, 2235, 2254, 2998 --Bulloch County; Tax Commissioner; Assistants;
salary--------------------------1972, 2079, 2235, 2254, 2998 --Statesboro, City of; Mayor and Councilmen; qualify
for elections----------------------.1972, 2079, 2235, 2255, 2998 --Ogeechee Judicial Circuit; Superior Court terms.------1972, 2079,
2089, 2255, 2998 --Brooklet, Town of; ordinance violations; fines----------1972, 2080,
2089, 2255, 2999 --Polk County; Board of Commissioners of Roads and
Revenues; conduct annual audit----1972, 2080, 2352, 2568, 3162 --Polk County; Sheriff's salary----..------------------.......1973, 2080 --Polk County; Commissioner of Roads and Revenues;
employees' compensation..------------1973, 2080, 2352, 2572, 3162 --Polk County; Uniform Central Accounting and
Bookkeeping System; adopt.------.1973, 2080, 2352, 2572, 3162 --College Park, City of; Councilmen; residence
qualifications.--------.--------------1790, 1985, 2353, 2404, 3416 --Upson County; Law Library; funds to establish
and maintain ------------------_.------1790, 1985, 2089, 2103, 2848 --Stone Mountain Judicial Circuit; Superior Court Judges'
supplemental salaries----------------------------------1973, 2080 --Marietta, City of; corporate limits----1973, 2081, 2089, 2256, 2999 --Cobb-County-Marietta Water Authority; maturity date of
revenue bonds ------------------------1973, 2081, 2089, 2256, 2999 --Glynn County; Sheriff's deputies; additional----..1974, 2081, 2089,
2256, 3416 --Brunswick, City of; Sheriff; employ additional
deputies..........----.------......_......--------1974, 2081, 2089, 2257, 3416 --Bacon County; Tax Receiver's and Collector's office;
consolidate.--------------------1974, 2081, 2353, 2573, 3004, 3183 --Wines; authorize sale within airport
boundaries--..------.------------------1974, 2081, 2090, 2306, 2848 --Malt beverages; authorize sale within airport
boundaries.-.--.-.--------------------1974, 2081, 2090, 2307, 2848 --Spirituous liquors; authorize sale within airport
boundaries .------.....--------------1975, 2082, 2090, 2307, 2849 --Radioactive wastes; storage......--------1975, 2082, 2237, 2782, 3416
--Atlanta, City of; Mayor and Board of Aldermen; governing authority __,,--,,-...----------------------------1975, 2082
--Atkinson County; Board of Commissioners of Roads and Revenues; membership------1976, 2082, 2089, 2257, 3005, 3056
HB 1589 HB 1590 HB 1591 HB 1592 HB 1593 HB 1594 HB 1595 HB 1596 HB 1597 HB 1598 HB 1599 HB 1600 HB 1601 HB 1602 HB 1603 HB 1604 HB 1605 HB 1606 HB 1607 HB 1608 HB 1609
HB 1610
HB 1611
HB 1612
HB 1613 HB 1614
HB 1615 HB 1616
INDEX
3957
--Clinch County; Sheriff's salary .___________..________________..________1976, 2082, 2235, 2257, 3005, 3058
--Lawrenceville, City of; city limits ......2071, 2227, 2353, 2408, 3162 --Iron City, Town of; Mayor and Aldermen;
election date _____._......___.._._...___-.-.---2071, 2227, 2235, 2399, 3162 --Atlanta, City of; wards ________________________._-____.2071, 2227, 2353, 2404 --State Board of Corrections; prison personnel;
oath of office ......_.____-____........_...._______.2071, 2227, 2237, 2782, 3416 --Cairo, City of; City Court Judge, Solicitor and
Clerk's salaries .....___........_...__...._ 2071, 2227, 2235, 2399, 3163 --Grady County; Chief deputy and clerk;
salary ___....._._.._........_____......_____.......___..2071, 2228, 2235, 2400, 3163 --Tax assessment; landowners .______._._____.___._._______.._..____________2072, 2228 --Appropriations; General Assembly; action
within specified time ____....._._________._..__________2072, 2228, 2351, 2797 --Gwinnett Judicial Circuit; Superior Court
Judge's salary .....______......__.___..._____.___.2072, 2228, 2353, 2403, 3417 --Stephens County; City Court
Judge's salary ______.._._____________._....-____2072, 2228, 2353, 2403, 3163 --Butts County; Board of Education
members' elections _______ ..... __________ 2072, 2229, 2702, 2717, 3417 --Miller County; Board of Commissioners; checks
drawn on county funds ............... 2073, 2229, 2236, 2400, 3163 --Miller County; Board of Education
members' selection _. ____.._.._______.._ 2073, 2229, 2236, 2400, 3334 --Madison County; Superior Court Clerk;
allowances .-______...._______....___________________2073, 2229, 2236, 2401, 3417 --Madison County; Board of Commissioners of Roads and
Revenues; clerk's salary ........__________2073, 2229, 2236, 2401, 3417 --Madison County; Sheriff's deputies'
compensation _._..._____________...___.______..____2073, 2229, 2236, 2409, 3417 --Banks County; Board of Commissioners of Roads and
Revenues; members' election .__________.________2073, 2230, 2236, 2401 --Tax classification; property .___.._,-.____..________.._______ 2074, 2230, 2595
--Atlanta, City of; teacher tenure ....____2074, 2230, 2592, 2712, 3417
--Atlanta, City of; corporate limits ......................................... 2074, 2230, 2236, 2467, 2702, 2717
--Chattahoochee Plantation; corporate limits __...__..___.__.__..___.___..__..-___.______..____2074, 2230, 2236, 2402, 3417
--Brunswick, City of; Glynn County; Brunswick-Glynn County Charter Commission; create ____._...______...______.....___.-.________.-.______2074, 2230, 2843, 2856, 3417
--Uniform Commercial Code; commissioned merchants ...................._........._._.......__......__...1976, 2083, 2236, 2888
--Rockmart, City of; new charter _________ 2075, 2231, 2236, 2402, 3163
--Richmond County; Board of Education; vacancies _______ ____________...._____.....____________2075, 2231, 2353, 2402, 3163
--Morrow, City of; new charter ____2075, 2231, 2353, 2410, 3004, 3055
--Atlanta, City of; Aldermen's elections ._______......_.....___..._.2075, 2231
3958
HB 1617
HB 1618 HB 1619
HB 1620
HB 1621
HB 1622 HB 1623
HB 1624
HB 1625
HB 1626
HB 1627
HB 1628 HB 1629 HB 1630
HB 1631 HB 1632
HB 1633 HB 1634 HB 1635 HB 1636
HB 1637 HB 1638 HB 1639
HB 1640
HB 1641
HB 1642
HB 1643 HB 1644 HB 1645
INDEX
--Stone Mountain Judicial Circuit;
Solicitor-General's salary _-__.__.______....____._--________._______.-._.2076, 2232
--Elizabeth, City of; new charter _.____.._____..._._.2224, 2346, 2353, 2569
--Machinery City; repeal Act to
incorporate _.______..________.._______.________..____2224, 2346, 2353, 2573, 3163
--DeKalb County; Board of Commissioners;
Chairman and Executive Assistant's duties;
reconstitute districts ____.__.___.-_2224, 2346, 2573, 2843, 2856, 3418
--DeKalb County; Board of Commissioners of
Roads and Revenues; election _._.________-.__.-._..___--.__2225, 2346
--Tugboats; annual tax returns ___._.___-_____--.--___..--__2076, 2232, 2237
--Fayette County; Ordinary's
compensation ___._._____._______..._._.._2225, 2346, 2353, 2573, 3004, 3063
--Fayette County; Sheriff's
compensation ... . ._ - _. 2225, 2347, 2353, 2574, 3004, 3063
--Fayette County; Superior Court
Clerk; salary
. 2225, 2347, 2353, 2574, 3004, 3062
--Fayette County; Tax Commissioner's
compensation __________________________ 2225, 2347, 2353, 2574, 3004, 3062
--Morrow, City of; annexation;
referendum _._________._____...._____________..._____2226, 2347, 2353, 2575, 3418
--Sparta, City of; New
Charter . ____._...__ _____ ______ 2226, 2347, 2353, 2570, 3004, 3135
--Tax Collectors; additional duties ..._____....______..__-_......._.,,... 2226, 2347
--Roswell, City of; Mayor and council;
term of office ______.____._______....____.__..___.2226, 2348, 2353, 2575, 3418
--Austell, Town of; corporate limits ______,,...__,, 2226, 2348, 2353, 2575
--DeKalb County; Recorder's Court Clerk;
issuance of warrants _______ __________ 2342, 2353, 2556, 2595, 3418
--Atlanta, City of; annexation; population basis _...____..._2342, 2556
--Drivers license; information on reverse side __.___._________2343, 2556
--Peace Officers; Board of Examiners; create __.__-__-.--2343, 2556
--Department of Industry and Trade;
reimbursement of expenses .._____.- 2343, 2557, 2592, 2796, 3168
--DeKalb County; teacher's tenure .___^.____..___.-_.._._____-___.2344, 2557
--DeKalb County; Board of Education; expenditures _.____2344, 2557
--Warner Robins, City of; Mayor and Councilmen; compensation __________________ _.______..._______2344, 2353, 2557, 2595, 3402
--Banks and Banking; interest charges; breakdown furnished upon request by registered or certified letter _____._._____.___..__________.______.-_.._2344, 2557
--Irwin County; Tax Receiver and Collector; consolidate offices ____._____.______.____..___.._2344, 2353, 2558, 2596, 3163
--Jackson County; City Court's Judge and Solicitor: salary ____.______________..___2344, 2558, 2702, 2712, 3418
--Fulton County; Teacher's tenure __.________.___._________.___-__-__2345, 2558
--Atlanta, City of; open housing .__....._._..__-_......._.-..___..-__...2345, 2558
--Chatham County; Savannah, City of; employees; organization ................. . 2345, 2558, 2593, 2712, 3179, 3182
HB 1646 HB 1647 HB 1648 HB 1649 HB 1650 HB 1651 HB 1652 HB 1653 HB 1654 HB 1655 HB 1656 HB 1657 HB 1658 HB 1659 HB 1660
INDEX
3959
--Brunswick, City of; corporate limits ..........._____....._.._......_...........-____2345, 2559, 2843, 2861, 3418
--Athens, Town of; municipal elections; time for holding _..____.................._.____.2346, 2559, 2593, 2596, 3164
--Independent school systems; merger _.________,, 2555, 2590, 2592 --Augusta Judicial Circuit; Solicitor-General's
salary .........__............._______.....____................______2555, 2590, 2842, 2860 --Clarke County; County Surveyors;
fees ___.______..-......-__....................._..........2556, 2590, 2594, 2798, 3418 --Waverly Hall, Town of; Mayor and Council;
term of office .___...................._..._.____..2589, 2696, 2702, 2861, 3419 --Habersham County; City Court governed by
Superior Court ........___..__._._-______........2589, 2696, 2702, 2861, 3419 --Midway, City of; Mayor and Council;
compensation ___.............._.....__............2589, 2697, 2702, 2862, 3419 --Dougherty County; Ordinary's
salary ......__.____...................-___........__...2589, 2697, 2702, 2862, 3419 --State Board of Corrections;
federal prisoners .__________.____........-..-......-._...2589, 2697, 2704, 2891 --Bureau of Criminal Statistics;
create --_____________________.__.__..________--_________________________--___--__2838, 2987 --Habersham County; Ordinary's salary ____________.__..________.2838, 2987 --Criminal offense; indictments and accusations .__......._._.2838, 2987 --Income Tax Act of 1931; deductions by
self-employed individuals ___.___.-__.___......_..._.........__........2839, 2988 --Sales tax; prescription drugs _.__-.-......__-__.-.__.___.___.......___........-...3111
PART III
HOUSE RESOLUTIONS
HR 6-1 --Governor's Election; Provide for run-off __._____.._..._.__197, 341, 3169, 3173, 3234, 3236, 3315, 3378, 3433
HR 13-16 --Chatham-Savannah: Historic; Plan & Zoning __.._.___...____..886, 1199 HR 24-56 --Compensate: Mr. Odell Lovedahl ._....,,,,..,,_.....(No action in 1968) HR 26 --Atlanta, City of: Vote Required; Fulton-DeKalb
Representative _.....__......,,_........_....__.___.__..__.,,(No action in 1968) HR 29-79 --DeKalb County: Police Forces; Municipalities (No action in 1968) HR 30 --State Minimum Wage Law: Create
Commission ,,..__.______...,,_...,,__._..,,_...__.........,,__..._ (No action in 1968) HR 36-104 --Ad Valorem Tax: Exempt Certain Personnel (No action in 1968) HR 37-106 --Black Rock Mountain State Park Certified
Person--Water ____________________...._--_.____.__.......__....(No action in 1968) HR 38-106 --Tax: Allocate & Distribute State funds-
School Administration, Etc. _,,_______________________ (No action in 1968) HR 41-131 --School Lunches: Taxation ..__,,...___...____._..._.._.....(No action in 1968)
3960
INDEX
HR 42-131 --Governor: Succeed Himself ,,....-____....__-......._,,...(No action in 1968) HE 43-131 --State Librarian; Law Books: Clerk Superior Court--
Cobb County ..__.......__.__.._.__.._-__.___.___.____.__._._._.._-._____..199, 275, 738 HR 49-133 --Game & Fish Department: Director to be elected time of
Governor ___.__.._._._.__....___...__.....__....___._,,______....._(No action in 1968) HR 50-134 --Compensate: William Harvey Arnold .__.__._..--_.._....___.._-_______._3419 HR 51-134 --Revenue Department: refund sales tax payment
Seaboard Construction __..__.____._,,..__.._____,,....(No action in 1968) HR 60 --Legislature Building Committee to study _._--(No action in 1968) HR 61-140 --Compensate: Mr. Joe Collins _.._.__,,.,,._..(No action in 1968) HR 62-140 --Compensate: Mrs. P. R. Collins ______,,________________ (No action in 1968) HR 63-141 --Create Interim Committee; Motor Vehicles ..._(No action in 1968) HR 66-153 --Pulton County Tax Commission: Auto Tags; Checks
Insufficient ______._____.._____._.__,,___..______.___.__._-__.----(No action in 1968) HR 68-153 --State Claims Study Committee: Create ____________ (No action in 1968) HR 82-209 --Compensate: Grantham Transfer & Storage
Co. Inc. _.,,_-____------ .___.___--____(No action in 1968) HR 83-209 --Homestead Exemption: $2,000 to $4,000 ..__..,,(No action in 1968) HR 93-219 --Justices of the peace: Jurisdiction Civil Cases --1448, 2521, 3419 HR 103 --Governmental Immunity (Rules) Study Committee:
create ____________________________.______.,,______--___.__.,,__._--(No action in 1968) HR 104 --Motto: Engraved on U. S. one dollar bill _____._._._____567, 760, 3402 HR 108-252 --Compensate: Mrs. Vonceille T. White __.._..__.....____.2233, 2298, 3419 HR 109-252 --Homer L. Chance Highway: Designate ,,_,,__,,_ (No action in 1968) HR 110-252 --Justices of the Peace: Jurisdiction __...._._-_.__._.(No action in 1968) HR 111-257 --Lookout Mountain Judicial Circuit: State Library
Furnish Law Books ......_._..._..___..--.-.__...._.__.__-____..-199, 275, 499 HR 123-311 --Compensate: Clyde Ravan DBA Community
Grocery __...._............._.,,_.....___..____..._.._....___-..___..(No action in 1968) HR 125-312 --Motor Vehicle Inspection Law: Interim
Committee .._._......... ..... -- _,,_._,,__....... (No action in 1968) HR 126-313 --Western & Atlantic Railroad: Attorney General:
Interstate Commerce --...----- ___._--_......--,,_ -- (No action in 1968) HR 133-383 --W. & A. R. R.; Accepting offer of
L. & N. R. R. ._..... .____...-_-._______-_______________-__._.__ (No action in 1968) HR 137-390 --Juveniles; Crime: Create Study Committee __..(No action in 1968) HR 139-399 --Tax; Building Repairs: Increased Value __..._..(No action in 1968) HR 141-403 --Secretary of State: Survey Land--
Cobb County ................._....._.__...___...__._....._..__.._ (No action in 1968) HR 142-403 --School Employees: Retirement System ___________199, 314, 1166, 1283 HR 145-411 --65th Representative District: Seat
J. Terrell Webb _.. .._...._.._._ ._._.--_____...._--_.__--.(No action in 1968) HR 156-453 --Homestead Exemption: Certain Injured
Persons .........._.._. ._...........----._--._...___._..-_______(No action in 1968) HR 159-478 --Compensate: Mr. C. R. Strickland .__...___....._....(No action in 1968) HR 168-510 --Real Estate Value: Decline--Public improve __(No action in 1968)
HR 176 --Invite: Famous Stars Grand Ole Opry __,,,,______ (No action in 1968)
HR 177 --Interim Committee: Intangible Taxes .,,--.----(No action in 1968)
HR 181-555 --School Lunches: Taxation for ._.._,,_._._._.,,_____..,,.(No action in 1968)
HR 183-555 --Compensate: Mr. Lee Wisham (Wisham Garage) 1797, 2021, 3420
INDEX
3961
HR 184-556 --Okefenokee Parkway: Designate .. .....(No action in 1968)
HR 188 --Locomotive--General: Return to Ringgold,
Georgia _..._..........._._...._ (No action in 1968)
HR 189-564 --Constitution Amend: Date Submit to
People __________..____________..___..._____.......____-.__.________..__(No action in 1968)
HR 191-597 --Education Tax Levy: Millage Limitation ________ (No action in 1968)
HR 194-604 --Compensate: Mr. J. B. Covington ....._...._____._____.______2234, 2299, 3420
HR 197-652 --Fulton County: Transfer Certain Property ____(No action in 1968)
HR 203-687 --County and Municipal Airports: Study
Committee _.....__._ -- .-_.__.. (No action in 1968)
HR 216-712 --Primaries Political Party: Tax, Expenses to
conduct ..._.....___.._..._,,.______....(No action in 1968)
HR 217-712 --Student loans: issue revenue bonds ___________________________ 831, 1207, 3000
HR 219-739 --Catoosa County: State Librarian furnish law books ..199, 277, 499
HR 229 --House of Representatives and Board of Education:
Liaison Committee: Create ____________________________ (No action in 1968)
HR 230 --Public Utilities and Transportation: Approve
Standing Committee .............-..........................(No action in 1968)
HR 231 --Fair Housing Laws: Create Study Committee (No action in 1968)
HR 232 --Adam Clayton Powell: Seating of -_..___.__..____ (No action in 1968)
HR 234 --Fulton County: Create Airport Authority:
Study Committee -------.--_-------...._--____._.. (No action in 1968)
HR 235 --Board of Corrections: Study Committee;
rules and regulations
...... _______ (No action in 1968)
HR 236-768 --DeKalb County: Select Official organ ..........(No action in 1968)
HR 237-776 --Public Charitable Institutions:
Property Tax Exempt ....._..._...._.___................. (No action in 1968)
HR 250-779 --Judiciary; Revise Attorney General
and Solicitor General ______________________________________(No action in 1968)
HR 251-783 --Insurance Medical Hospital Etc.:
Study Committee _...__..._._._..___._._.-............_...... (No action in 1968)
HR 252-783 --State Parks: Provide Horseback
Riding Facilities .............._._._.___._._..__..............(No action in 1968)
HR 254 --Housing and Needs and Resources:
Study Committee ....__.._._._...._....--....._.....__......(No action in 1968)
HR 263-801 --Homestead Exemption: Disabled Veterans ....(No action in 1968)
HR 267-829 --State Property Control Committee: Cancel
Lease Certain Property ___........._.-...._......___....(No action in 1968)
HR 268-831 --Corporation Code: Create Study
Committee ...... __-.--.__.___...--(No action in 1968)
HR 277 --Hospitalization & Health Insurance:
Study Committee--Create __._______________..__.._.__ (No action in 1968)
HR 278
--Fallout Shelters: Create Study Committee - .............. ............_._._..._._._...__..___.(No action in 1968)
HR 279
--Aircraft--Private owned: Study Committee, Tax, License, Etc. ________ ____________________________ (No action in 1968)
HR 281
--Honorable Vince Dooley: Honorary Member of the Representative Delegation _____...__..___.._____(No action in 1968)
HR 282
--Game and Fish Laws: Revise Create Study Committee ........_.........__....._..............._.............(No action in 1968)
3962
INDEX
HR 283 --Election Bills Pending: Create Study Committee -- ------------------ (No action in 1968)
HR 285 --Mental Health: Create Study Committee _.....(No action in 1968) HR 286 --Defense & Veterans Committee Function
After Adjournment ----...---------------- (No action in 1968) HR 287 --Employee by State Government:
Create Study Committee ------------------(No action in 1968) HR 288 --Pre-School Children: Create
Interim Committee ....---- ____...--------_-(No action in 1968) HR 289 --Criminal Records Comp: Create
Study Committee ........................_.--------..(No action in 1968) HR 290 --University System of Georgia--Student
Housing: Create Study Committee .------.(No action in 1968) HR 295-835 --County-Municipality: Bond Issues;
slum clearance --------------...--________-_.-_--.____----859, 1227, 1327 HR 296 --Uniform Credit Code: Create Study
Committee --------------------------------(No action in 1968) HR 318 --Community Antenna TV Service:
Study Committee --------------------------(No Action in 1968) HR 319 --Driver Education Public Schools: Study
Committee------------------------------(No action in 1968) HR 320 --Highway: Macon Commerce Construct
4-Lane Highway--..._____------------_--_ ----(No action in 1968) HR 322-838 --Governor's Election: Runoff Election; Majority------------14, 736 HR 331 --Public Officials Fees: Study Committee.--....(No action in 1968) HR 332 --Veterans Service Officer Training School: Create
Study Committee ...____----------------------(No action in 1968) HR 333 --Eavesdropping Devices: Create Study
Committee ----------------------------------(No action in 1968) HR 334 --American History Books: Create Study
Committee .----------.---------------------- (No action in 1968) HR 335 --Reapportionment: Federal Courts Consider.... (No action in 1968) HR 336 --State Income Tax Returns: Create Study
Committee ------------------------------.---- (No action in 1968) HR 337 --Betting Parimutuel: Create Study
Committee ---------------------------------- (No action in 1968) HR 351 --Examining Boards: Create Study
Committee ___----___----_--------------__----__________ (No action in 1968) HR 352 --Retirement & Emeritus Pay System: Study
Committee ----------------------------------(No action in 1968) HR 353 --Day Care Centers; Mentally Retarded; Study
Committee _._....._--_----.------___.....______.----__.(No action in 1968) HR 354 --Gas Purchased by State Agencies: Create Study
Committee ----------------------------------(No action in 1968)
HR 371
--House of Representatives; notify Senate that House has convened------------------------------------------11
HR 372
--General Assembly; notify Governor that General Assembly has convened ....___......________--._,,--____......----.11, 26
HR 373 --House of Representatives; HR 3; amend ___..._------.._...._______..----.12
HR 374 --House of Representatives; Rules of House; adopt--------.------12
INDEX
3963
HR 375 --Governor; Joint Session; to hear address by.------------12, 26, 109
HR 376 --Governor; Joint Session; to hear address by......---.........13, 27, 204
HR 377-853 --Elbert County Industrial Building Authority; create;
amendment to the Constitution..----23, 134, 137, 226, 1668, 1849
HR 378-853 --Driver Education Course; traffic fines and forfeitures---23, 134
HR 379-853 --Juvenile Court Law Study Commission;
create
... ..........
23, 134, 988, 1570, 3420
HR 380-855 --Hinely, Joseph E. Jr.; compensate-----23, 134, 1797, 2021, 3420
HR 381-866 --Legislative Branch of Government Study
Commission; create..---_-----_-__._-.....--__-__----25, 136
HR 382-867 --Garrett, Mrs. Rebecca L.; impeachment
charges
.----127, 161, 502, 3435, 3442
HR 383-867 --Claxton, J. W.; impeachment charges--- 127, 161, 609, 760, 3434,
3437
HR 384-880 --Brown, Alton; compensate..----------130, 163, 1797, 2022, 3420
HR 385-880 --Ravan, Clyde, Community Grocery; compensate----..--.130, 163,
1798, 2022, 3420
HR 386-880 --Milledgeville-Baldwin County Industrial Development
Authority; create; amendment to the
Constitution ------------------------------ 130, 163, 198, 232, 1666
HR 387-884 --Western & Atlantic Railroad; accept bid of
L & N RR Co.-----------------------131, 164, 1165, 1376, 2085
HR 388-885 --Winston, Oroon D.; compensate----...--------------------131, 164
HR 389 --Decatur High School; Football Team, Coach; commend.......--138
HR 390 --Tournament of Roses Parade, "Georgia-A State of
Adventure"; congratulations--------------..----....------139, 257
HR 391 --Warren County High School; Football Team,
Coaches; commend -------...------------.--.--------------------140
HR 392 --Cox, Lieutenant Jackson Elliott; express sympathy
for passing of --------------------------------------------141, 257
HR 393 --Cook, Honorable J. Eugene; express sympathy for
passing of
------------------------------ -- .-- 141, 257
HR 394 --Thomson High School; Football Team; congratulate--.---..---143
HR 395 --House of Representatives; amend Rules------__.___.___.____...._._------146
HR 396-912 --State Board of Corrections; composition; amendment
to the Constitution----------..------.---.--155, 192, 2594, 2819
HR 397-912 --State Game and Fish Commission; new; amendment
to the Constitution----------..----..............----------...--..--155, 192
HR 398-912 --Department of Industry and Tourism; create;
amendment to the Constitution-------------156, 192, 2592, 2958
HR 399-912 --Industrial Development Authorities; counties and
municipalities; creation; amendment to the
Constitution ------__----.------------------.156, 193, 832, 2981, 3420
HR 400-912 --Homestead exemption; ad valorem tax assessments;
amendment to the Constitution--......--------------------.156, 193
HR 401-912 --Judiciary Commission; establishment; amendment to the Constitution -----------..------..--------------.156, 193
HR 402-912 --Moncus, Eugene G.; compensate------156, 193, 2233, 2299, 3420
HR 403-912 --Lord, James C.; compensate------.----156, 193, 1798, 2022, 3420
HR 404-912 --Jones, Miles A. Jr.; compensate------157, 193, 1798, 2023, 3421
3964
INDEX
HR 405-912 --Homestead exemptions; increase; amendment to the
Constitution .___-,,.
--__,,_______------____------ --157, 193
HR 406-912 --Early County Development Authority; create;
amendment to the Constitution ---157, 193, 198, 237, 1668, 1849
HR 407-912 --Lee County Development Authority; create; amendment
to the Constitution.-----..................,,_____--.157, 193, 198, 243, 1666
HR 408-912 --Decatur County; Justices of the Peace; increase
jurisdiction; amendment to the Constitution .----157, 194, 198,
249, 887
HR 409-912 --Supreme Court Justices; Court of Appeals Judges;
retirement; amendment to the Constitution ------------157, 194
HR 410-917 --White, E. C.; compensate ....--------________ 158, 194, 1798, 2023, 3422
HR 411-917 --Capital punishment; sentence commuted;
amendment to the Constitution ------------158, 195, 299, 450
HR 412-917 --Butts County Industrial Authority; create;
amendment to the Constitution ...._..._.. 159, 195, 198, 252, 1667
HR 413-923 --Capital punishment; abolish; amendment
to the Constitution ----------------------160, 196, 471, 1963, 1964
HR 414-923 --Urban and municipal affairs;
create study committee .__.........___.___...--_..160, 196, 394, 2194, 3422
HR 415-923 --Game and Fish Commission, State;
create five member Commission; amendment
to the Constitution -.------_____-_-_---------.------------160, 196
HR 416 --Poss, S. J.; express sympathy for passing of ------------------167
HR 417 --Healey, Kenneth; commend ---..__.---..-__..-.------------------168
HR 418 --General Assembly; adjournments; January 19, 1968
and February 9, 1968 ---..---...--------.------------169, 472
HR 419 --Tax structure; study committee ......---------- ----.------ __169
HR 420-932 --Condemnation proceedings; airports; amendment to the
Constitution _....__........185, 220, 341, 1099, 1425, 1496, 1570, 2499
HR 421-932 --Quitman County Industrial Development
Authority; create; amendment to the
Constitution ..-----------------------185, 220, 298, 397, 1668, 1850
HR 422-932 --Game and Fish Commission, State; create
new Commission; amendment to the
Constitution ......_.._._...._....._.___._-185, 220, 2351, 2686, 3384, 3384
HR 423-932 --Arnold, Jack Lee; compensate ----------185, 220, 1798, 2028, 3422
HR 424-941 --Housch, Robert A.; compensate --------187, 222, 1797, 2023, 3422
HR 425-941 --Boating and fishing facilities; motor fuel tax;
amendment to the Constitution ---------- .--------------187, 222
HR 426-941 --State Council for Removal of Appointed
Constitutional Officers; create; amendment
to the Constitution _____..._.___. . ---------------------187, 222, 1990
HR 427-941 --Whitaker, Mrs. Daphne; compensate ----188, 222, 2233, 2300, 3421
HR 428-941 --Harrison, Mrs. Geneva J.; compensate --188, 222, 1797, 2024, 3421
HR 429-944 --Horton, William Frank; compensate ----214, 293, 1797, 2024, 3421
HR 430-952 --Griffin, City of; conveyance of
certain real estate
-- .-----.216, 294, 298, 571, 1084
HR 431-952 --Fannin County; Superior Court Clerk; furnish certain law books -------------.216, 294, 298, 397, 738
INDEX
3965
HR 432-952 --Fannin County; Ordinary's Court; furnish certain law books _______________________.216, 294, 339, 863, 1527
HR 433-952 --County Boards of Education; members' election; amendment to the Constitution ----------------------------216, 295
HR 434-952 --Ad valorem tax; household & kitchen furniture; amendment to the Constitution --------------___----216, 295, 2627
HR 435-952 --Walker, Wendell; compensate ----------217, 295, 1797, 2024, 3421 HR 436-952 --Disabled veterans; extend homestead exemption; amendment
to the Constitution ------------._.__----217, 295, 2595, 2798, 3421 HR 437-952 --Hewell, Anita L.; compensate --.-----------------------217, 295 HR 438-952 --Nursing Homes; vendor contributions;
increase for blind, disabled and old-age benefit recipients ----------....-.__--------217, 295, 298, 370, 738 HR 439 --Dobbs, Mark Russell; congratulations on birth of ----------..258 HR 440 --Stringer, Mrs. Virginia (Frank D.) ; commend ----..........----259 HR 441 --Marietta Blue Devils, The; commend _--------------------_--260 HR 442 --Stone Mountain carving; stamp commemorating --------260, 500 HR 443 --Dewberry, J. H.; commend ------.--..-----------------------261 HR 444 --Communism; supporting U.S. policy of aiding free peoples; fight against Communist aggression ----------...-262 HR 445 --Georgia Fireman Training Center Study Committee; create ....---.-.-.--------------------------264, 508, 761 HR 446 --Williams, W. M. (Bill) ; congratulate .------------._.------------263 HR 447-973 --Pulaski County-Hawkinsville Development Authority; create; amendment to the Constitution ....._......._... ------------------286, 330, 394, 404, 1667 HR 448-973 --Pope, Mrs. Hershel V.; compensate ---286, 331, 2233, 2300, 3421 HR 449-973 --Maddox, J. W.; compensate .-------.---._------------------286, 331 HR 450-973 --Agricultural Experiment Stations Study Committee; create --------------------286, 331, 341, 1201 HR 451-994 --Highways and public roads; study committee ----------------------291, 335, 986, 2033, 3402 HR 452-999 --Boston Seed Company; compensate ---292, 336, 1797, 2025, 3422 HR 453-1002--Clay County Development Authority; create; amendment to the Constitution --.--321, 386, 472, 1668, 1850 HR 454-1013--Hamby, W. B.; compensate ------------323, 388, 1798, 2025, 3422 HR 455-1013--Shad Fish Study Committee; create ----------323, 388, 470, 689 HR 456-1013--Phoenix Air Conditioning; compensate ---- ----------------------323, 388, 2233, 2300, 3422 HR 457-1013--Thomas, Wallace; compensate ----.----323, 388, 1797, 2025, 3422 HR 458-1013--Richmond County; Augusta, City of; tax levy; authorize; amendment to the Constitution _........_.._...._......_..------__..----------323, 388, 394, 522
HR 459-1013--Upson County; Thomaston, City of; Board of Tax Assessors; consolidate; amendment to the Constitution ...... --------------------324, 388, 472, 526, 887
HR 460 --Cedartown Rotary Club; commend ---------------..------..----.300
HR 461 --Cedartown Jaycees; commend -------------------..------------300
HR 462 --Cedartown Police Department; commend _.--------------------.----301
HR 463 --Cedartown, Fire Department; commend-__...----._..._..----..----302
3966
INDEX
HR 464 HR 465 HR 466
HR 467 HR 468 HR 469 HR 470
--Moore, Senator Albert F.; wishing speedy recovery ------------302 --Cedartown Kiwanis Club; commend --------------------------.--303 --Cedartown Business and Professional
Women's Club; commend --------------------------_----..._____304 --Cedartown Jaycettes; commend --------------------------------304 --Cedartown Optimist Club; commend ..--------------------------305 --Cedartown Junior Welfare League; commend ----------.------305 --Polk County; Sportsman's Club; commend --------......___----.306
HR 471 --Cedartown Exchange Club; commend --------------------------307 HR 472 "--Cedartown Lions Club; commend ------------ZI7--------------307 HR 473 --Cedartown Opti-Mrs. Club; commend ..--.------------------------308 HR 474 --Cedartown Chamber of Commerce; commend ...----_.__-_-309 HR 475-1020--Chattahoochee County Industrial
Development Authority; create; amendment to the Constitution --------------325, 390, 394, 531, 1668, 1851 HR 476-1020--Stewart County Industrial Development Authority; create; amendment to the Constitution ---- .----------.325, 390, 394, 537, 1669, 1852 HR 477 --Poss, Summie J.; express sympathy for passing of ___.._...._309 HR 478-1029--Pitzpatrick, Clyde N.; compensate .----327, 391, 2233, 2301, 3422 HR 479-1029--Teacher Certification Policies Study Committee; adopt report _______------327, 391, 470, 910, 1804 HR 480-1037--Pope, Mrs. Eura Mae; compensate ......374, 460, 2233, 2301, 3423 HR 481-1037--McGahee, R. M.; compensate -----------------375, 460, 1798, 2025 HR 482-1037--Grant, A. H.; compensate ----------------375, 460, 1798, 2026, 3423 HR 483-1037--Ferguson, Mrs. J. E.; compensate ........375, 460, 2234, 2302, 3423 HR 484-1037--Tattnall County Industrial Development Authority; create; amendment to the Constitution ----------...----__375, 460, 507, 544, 1669, 1852 HR 485-1050--Calhoun County Development Authority; create; amendment to the Constitution .-377, 462, 989, 994, 1669, 1853 HR 486-1050--Coweta County; water and sewerage; additional indebtedness; amendment to the Constitution ----------------------------.--378, 463, 507, 552, 887 HR 487-1050--Muscogee County Airport Commission; create; amendment to the Constitution ... 378, 463, 472, 556, 1669, 1853 HR 488-1050--Muscogee County; garbage disposal system; amendment to the Constitution -------....378, 463, 472, 562, 887 HR 489-1060--Lieutenant Governor-Elect; succeed to Governorship; amendment to the Constitution --380, 465, 509, 618, 1322, 2932 HR 490-1060--Election Laws Study Committee; create ....380, 465, 509, 633, 1804
HR 491-1063--Homestead exemption; municipalities; amendment to the Constitution ------------------_____381, 465, 1521
HR 492-1063--Baldwin County; conveyance of certain real property --------.----...--.--381, 466, 508, 865, 1238
HR 493-1063--Fulton County; conveyance of certain real property _----.._--------_--381, 466, 1101, 1945, 3402
HR 494-1071--University of Georgia; Georgia School of Technology; athletic association ------383, 467, 606, 815, 1451
HR 495-1071--General: Locomotive; withhold lease -------------- 383, 467, 1165
INDEX
3967
HR 496-1084--Camden County Development Authority; create;
amendment to the Constitution ________.___386, 470, 989, 1000, 2244
HR 497-1084--Camden County Development Authority;
repeal 1967 Resolution _.._______.__________._.__.386, 470, 989, 1005, 2358
HR 498-1089--Hardin, Ira H. Company; conveyance of a
certain tract of land .--._.___._ .___________...._._.456, 495, 493, 1945, 3402
HR 499-1089--Renfroe, Claude H. Jr.; compensate __..457, 495, 1797, 2026, 3423
HR 500-1089--R & R Sales Company; compensate ....__. 457, 495, 1797, 2026, 3423
HR 501-1090--Marietta, City of; homestead exemption; amendment
to the Constitution ........_______..-.__...457, 496, 605, 676, 1322, 1854
HR 502-1090--Constitutional Convention; provide in 1969;
amendment to the Constitution ___.___.__......,,...__._.,,---......___457, 496
HR 503-1090--Constitutional Convention; calling for;
amendment to the Constitution ___________________________________457, 496
HR 504-1093--Bryan County Industrial Development Authority; create;
amendment to the Constitution .........__.497, 605, 679, 1669, 1854
HR 505 --Motor vehicle liability insurance;
create study committee _._____________.....-....-....__.418, 502, 2702, 2747
HR 506 --Frozen chickens; rules and regulations ,--,,_.,,__.___..419, 1445, 2147
HR 507 --Rockfish Study Committee; create ._._......._........__..........419, 604, 762
HR 508 --Morris, Dean John Tolliver; express sympathy
for passing of
_,,.._,,.. ________________.________________420
HR 509 HR 510
--Wright, Horace, express sympathy for passing of .________,,________. 421 --White, Robert H.; commend ._____..__--_-....___._______-.....____..___.___-____....422
HR 511 --Kelly, Lee E.; Wishing speedy recovery _______._______._____________.________423
HR 512 --Chandler, Edgar, Jr.; commend ___________,,.___..........__.___..._..__.___._...423
HR 513 --Deming, Duane E.; compensate __--.--.._--_,,--.._,,--.-..--.____----424
HR 514
--Cedartown, City of; Unit of Georgia State Patrol; commend .....__....__.........._._..__............................_._ 425
HR 515 --Chandler, Edgar, Jr.; Day; February 27, 1968; designate __.__426
HR 516 --Southern Railway System; commend __..___._._.__..............._...-._.______..427
HR 517 --McClurkin, L. C.; commend .__....._._.____._..___._._.........._--.......___.._......428
HR 518-1100--State Highway Department; motor
fuel tax; appropriations; amendment to the Constitution __........_........._....-..-__._......._.____._-...._.._.__459, 498
HR 519-1103--Macon, City of; compensate _._._.______._._.-...____...____...._..__.._____._490, 599
HR 520-1103--Fulton County; conveyance of certain tract of land _____..-..___._._.-______-_-490, 599, 943, 1946, 3402
HR 521-1103--Medical students; scholarships; amendment
to the Constitution _._.._..__.._._.______.__-________491, 600, 832, 1288, 3421
HR 522 --Mayors; Tenth Annual Georgia Mayor's Day; tribute
to municipal officials and employees _..........__,,__.----____480, 603
HR 523-1104--Constitution Revision Commission;
create .. ...__...._............_.__._...__.......-.460, 498, 1101, 1957, 3375, 3376
HR 524-1104--Ad valorem tax; public utilities;
true fair market value .......___...__.491, 600, 1099, 2220, 3383, 3386
HR 525-1114--Okefenokee Parkway; Georgia State Routes
40 and 23 and 121 from Interstate 95;
designate .....__.___._......___...............493, 601, 2352, 2479, 3366, 3368
HR 526-1114--Barton, Paul C.; compensate .._.__.._______._.493, 601, 1798, 2029, 3423
HR 527 --Monroe, Vaughn; expressing appreciation _________________________.___566
3968
INDEX
HR 528-1156--Darden, L. D.; compensate ___..______.....__....596, 663, 1798, 2027, 3423
HR 529-1156--Clarke County; Athens, City of;
ad valorem tax procedure; amendment
to the Constitution ______..____.____._______..._______.597, 663, 667, 753, 2849
HR 530-1156--Forward Georgia Commission.; create ... 597, 663, 1099, 2549, 3421
HR 531-1156--Richmond County; adoption of ordinances; amendment
to the Constitution ......____________________._______.597, 663, 667, 757, 1323
HR 532-1156--Holbrook, Mrs. Ruby Odell; Holbrook,
Robert Andrew; compensate .....__... 597, 664, 2234, 2302, 3423
HR 533-1156--Couch, William; Heirs; compensate ......597, 664, 2233, 2302, 3423
HR 534-1179--Mincey, Carroll J.; compensate .......... 653, 729, 1797, 2027, 3423
HR 535-1179--Colquitt and Miller County
Development Authority; create; amendment
to the Constitution _______.___-_______.__.________.___.653, 729, 735, 836, 2243
HR 536-1179--Eminent domain; fair market value;
amendment to the Constitution ...._______..............._.__..653, 729, 1446
HR 537-1179--Ad valorem tax; homestead exemption; amendment
to the Constitution _____________._._.____653, 729, 1802, 2784, 3315, 3319
HR 538-1179--Towns County; Judge of the Court of Ordinary; State
Librarian to furnish certain law books __.........._...653, 729, 990
HR 539-1179--Towns County; Superior Court Judge; State Librarian to
furnish certain law books
............... 654, 730, 990
HR 540 --Sutlive, W. Kirk; commend .................___....____...___..___...._...._........608
HR 541 --Laite, William E., Ill; express
sympathy for passing of ___._._..._......._..___.__..______..__.___.__..___.609, 738
HR 542-1183--Echols, Margaret, Miss; compensate ____654, 730, 1798, 2027, 3424
HR 543-1183--Dodge County-Eastman Development
Authority; create; amendment to the
Constitution _____________________.-__.517, 655, 730, 735, 839, 1669, 1855
HR 544-1191--Muscogee County; Columbus, City of;
create charter commission; consolidation; amendment
to the Constitution _._.___....._._.....___.............656, 732, 735, 845, 1323
HR 545-1196--Woodland, City of; create Development
Authority; amendment to the
Constitution __________._________________.______.657, 732, 735, 851, 1669, 1856
HR 546-1200--Rabun County; Judge of the Court of
Ordinary; State Librarian to furnish
certain law books ___.___._...__._.____..._..__......_._.____-..---724, 825, 990
HR 547-1200--Rabun County; Superior Court Judge; State Librarian to furnish certain law books ______________________________724, 825, 990
HR 548-1200--Lincolnton, City of and Lincoln County Development Authority; create; amendment to the Constitution ____._.____._______.___._.724, 826, 830, 891, 1669, 1856
HR 549-1200--Pitts, Glawer; compensate ............__...._.724, 826, 2234, 2303, 3424 HR 550-1206--Burch, Griffin; compensate ______...___________726, 827, 1797, 2028, 3424
HR 551 --Rockmart-Aragon Chamber of Commerce; commend _______________.685
HR 552
--Cedartown-Polk County Civil Defense and Rescue Unit;
commend
... ...... -.-.-- _____...--,,_ ...___.___.__685
HR 553 --Cedartown; City of; Merchants' Association; commend ..........686
HR 554 --Davis, S. R.; expressing appreciation _______,,.--__--_----_-___-_.___687
INDEX
3969
HR 555-1216--Williamson, Mrs. Frances J.; Williamson, James M.;
compensate _______________________________----_----_________._________821, 880
HR 556-1216--Wylie, Mrs. Emily; compensate ___--____--------------------821, 880
HR 557-1216--Coweta County; Newnan, City of; merge county school system
with City; amendment to the
Constitution ----__..,..__..__.821, 880, 941, 1007, 1670, 1857
HR 558 --Hayes, Professor Frank Alfred; commend ____----_______--------__763
HR 559-1220--Decatur, City of; revenue obligations; amendment to the
Constitution _ _ _ _.
822, 881, 989, 1018, 1667
HR 560-1220--Motor vehicle liability insurance; assessment fees;
amendment to the Constitution ________------_--__------823, 881
HR 561-1220--Fertilizers; joint committee to study standards,
etc. ----_.__-___.-__.-______.-____-__----------823, 881, 1098, 2749
HR 562 --Dalton, City of; 1967 Dalton High School Football team;
commend _________----_------____----------__.----____----_--763
HR 563 --UGA I, express sympathy for passing of __----------_--------765
HR 564 --Cordele, City of; 1967 Cordele Senior Little League Team;
commend -_____.______--___--.--------------_--.--------------------766
HR 565 --Armed Forces; commend--------------------------766, 945
HR 566 --Mutimer, Honorable George C.; express sympathy for
passing of ..--.....--_.. --_--------__ -.--------__--.----..__.--__...-- 767
HR 567 --Long, Honorable Oscar L.; commend ____------____--------_______768
HR 568 --Langdale, Honorable Harley; commend __----------__--___--_.__768
HR 569 --Fulford, Lt., C. W., Jr.; commend --_---_--------_----_.------769
HR 570 --Columbus, City of; High School Athletic Department;
congratulate ......_. ______.. _______ ____ ____--.___--_----____------_----_770
HR 571 --Columbus, City of; Spencer High School Greenwave
Football Team; commend ._--______.__----------_----_____.___..,,__771
HR 572 --Kimmons, Mrs. Elizabeth Jane Burnett; express sympathy
for passing of ------__------___----___--------__--__--------------------772
HR 573 --Leard, Dr. L. Tyler; express sympathy for passing of _--------__773
HR 574 --Blankenship, Mrs. Frank E. (Millie) ; express sympathy
for passing of -__.--__________________________------___,,_____774, 945
HR 575 --Davison, Honorable F*red; commend --__--__--._____--_--__----__.____775
HR 576 --Hope, Bob; commend and congratulate _.______------_------_____776, 945
HR 577 --Hershey, General Lewis B.; commend __________________776, 1803, 2396
HR 578 --Public Housing Study Committee; create ----_------_--_--779
HR 579 --Insurance rating laws; create study committee --781, 942, 1245
HR 580 --Daylight Savings Time; initiate federal legislation to
shorten ______ ___________________------___----_----____--___------___------___--__780
HR 581 --State Highway Department; complete certain
projects --_-___-____-.__-_____-_--__.---_-.__.-.__781, 1445, 1586
HR 582
--State Department of Parks; safety programs and standards ________ .----__------_------__----___782, 1228, 1245, 1805
HR 583 --College and university campuses; retail stores ________783, 1228, 1584
HR 584 --Minimum Wage Law Study Committee; create ___--------__________784
HR 585
--Governmental Immunity Study Committee; create .______.--_._._--._________.____-____-_._______.______.._____.__784, 1101, 1246
HR 586
--House of Representatives; Public Utilities and Transportation Committee .----------__----_----_----__.------____--785
3970
INDEX
HR 587 --Georgia Institute of Technology-Clemson Basketball Game; expressing appreciation ------------------------------855
HR 588 --Wilbanks, Captain Hilliard A.; honor ------------.------------855 HR 589 --Bailes, Honorable Robert William, Jr.; express sympathy
for passing of .-- ..--_-------------------_.----,,_..--857 HR 590 --Berry, Mrs. C. Ed; express sympathy for passing of ________857 HR 591 --Ware, Honorable J. Crawford; congratulate ________. ---------858 HR 592-1241--Spalding County; sanitations, sewerage and fire protection
districts; amendment to the Constitution _--__-_--876, 936, 1100, 1179, 2564, 2579
HR 593-1241--Payette County; water, sewerage and fire protection districts; amendment to the Constitution _______.._.876, 936, 941, 1021, 1667
HR 594-1241--Georgia Housing Administration Study Committee; create __________.__..__._____._____..________.__.__.____________.____.____._____.876, 936, 1101
HR 595-1243--Parks, Billy W.; compensate ----------877, 937, 1798, 2029, 3424 HR 596-1247--Sales tax; tangible personal property purchased outside
State --_--..----.----.--...__.--_.-..--__----_----------.878, 937, 1802 HR 597-1247--Holy Bible; suspend Sales tax ________._.______.878, 938, 1802, 2524, 3403 HR 598-1247--Non-profit hospitals; suspend sales tax ..878, 938, 1802, 2525, 3403 HR 599-1247--Non-profit schools; suspend sales tax ___.878, 938, 1802, 2527, 3403 HR 600-1247--Executive Center; designate as official residence of
Governor ----------_--.----_._______.879, 938, 1665, 2496, 3403 HR 601 --Grant Park Zoo; rural legislators urged to contribute toward
purchase of "urban" rhinoceros ...----------_.._._.__----.--_,,-888 HR 602-1280--Cobb County; convey certain tract of land ______________.._.______932, 982 HR 603-1280--Stephens County; convey certain tract of
land -....----..---.------._--------------933, 983, 1801, 2529, 3403 HR 604-1288--Moody, H. K.; compensate ....__...--__...-_. 934, 984, 1798, 2028, 3424 HR 605-1295--Jones, Laurie M.; compensate ______...______.974, 1095, 1798, 2028, 3424 HR 606-1295--Cherokee County Airport Authority; create; amendment
to the Constitution - - . _.___ __._. 974, 1095, 1100, 1183, 1667 HR 607-1295--Albany, City of and Dougherty County; merge and consolidate;
amendment to the Constitution __.___..974, 1095, 1099, 1187, 1667 HR 608-1295--Teachers' Retirement System; allowances to
beneficiaries --..._.--------------------------974, 1095, 1101, 2480 HR 609-1296--State officials; election; amendment to the
Constitution ------------------------975, 1095, 1101, 2056, 3424 HR 610-1297--Riggins, Mrs. Francis B.; compensate^ 975, 1096, 1798, 2030, 3424 HR 611-1301--Acworth, City of; homestead exemption for residents 62 or over;
amendment to the Constitution -.___. 976, 1096, 1099, 1192, 1667 HR 612 --Ployd, Honorable James H. "Sloppy", congratulate ._____.____..______.960 HR 613-1309--Bainbridge-Decatur County Beverage Control Board;
create; amendment to the Constitution . ..__.._.___._ ._. 978, 1098 HR 614-1320--Kammer, Morris; Kammer Mrs. Morris; compensate ..-1091, 1161 HR 615-1320--Green, Mrs. Louie Mae; compensate ... 1091, 1161, 1798, 2030, 3424 HR 616 --Cato, Honorable Anthony Wallace; congratulate ------------1085 HR 617-1345--Lowndes County; conveyance of a tract of State owned
property ..----------..---------- . _--------------.------.1155, 1223
HR 618-1345--Governor; succession; amendment to the Constitution .... 1155, 1224
HR 619-1345--Woodbine, City of; Development Authority; create; amendment to the Constitution _._..__._--------_..--1155, 1224, 1227, 1322, 2244
INDEX
3971
HR 620-1348--Agricultural products; promotion and control; amendment to the Constitution _____.___________.1156, 1224, 1318, 1867, 3000, 3066
HR 621-1348--Phillips, James E. Jr.; compensate .......__............__....._.......1156, 1225 HR 622-1352--Taylor County Industrial Development Authority; create;
amendment to the Constitution ----1157, 1225, 1227, 1339, 2243 HR 623-1354--Muscogee County; ordinances for policing public property &
airport; amendment to the Constitution ____________1158, 1226, 1227, 1344, 2243
HR 624-1354--Cordele, City of; Office Building Authority; create; amendment to the Constitution ____.-_.._.___..1158, 1226, 1227, 1348, 2244, 2934
HR 625-1354--Municipal corporations; annexation of contiguous areas; referendum .._._..._..._._._...__.......__.........-...___._______..__....._....1093, 1163
HR 626-1367--Appling County; Court of Appeals and Supreme Court Reports; State Librarian to furnish Superior Court Library ... 1219, 1313
HR 627-1367--Jasper County Industrial Development Authority; create; amendment to the Constitution .....__.1219, 1313, 1448, 1456, 2243
HR 628-1373--Brantley County Industrial Development Authority; create; amendment to the Constitution _._ 1220, 1314, 1448, 1461, 2564, 2935
HR 629-1373--Cobb County; Education District No. 2; composition; amendment to the Constitution ......._.____.....__..___.__..1221, 1314, 1320, 1464, 2244
HR 630 --National Negro History; designate week of February 11-17-1247 HR 631-1401--Evans County Industrial Development Authority; create;
amendment to the Constitution ___.__._1306, 1440, 1448, 1554, 2244 HR 632-1401--Effingham County Industrial Development Authority; create;
amendment to the Constitution ._..__._.......__ 1306, 1440, 1448, 1558, 2244,2394
HR 633-1401--Clarke County Board of Education; election; amendment to the Constitution ___.___..____.__..__....___..___..1306, 1440, 1448, 1564, 2244
HR 634 --Melton, Honorable Quimby, Jr.; congratulate ._....___..__..___----...1247 HR 635 --Welch, Douglas; express sympathy for passing of _______________ 1248 HR 636 --Glynn County-Brunswick Optimist All Stars Football Team;
commend _--__.__..---------------.........__________.,,..__--._._......._..,,__ 1248 HR 637 --Hackney, Doctor Richard C.; express sympathy for
passing of ______________ ._-..... ..-.-_.-...----.--..... ......... 1251 HR 638 --Billings, Doctor, R. A.; express sympathy for passing of .--.--1252 HR 639 --Sharpe, Honorable T. Ross; express sympathy for
passing of __.._________._______________.________.____________-__-___-________________1253. 1451 HR 640 --Taylor County; 4-H Club; commend ......_....._..__.....___............___._1258 HR 641 --Taylor County; Howard Community; commend ________________..-- 1259 HR 642 --Tajlor County; Taylor High School Chapter of Future
Business Leaders ______--_____,,_________---______.---___.________....._--_1260 HR 643 --Peacock, Honorable Robert Carroll; commend .....___._..._.__..--.1261
HR 644
--Lewis, Honorable E. Brooks; express sympathy for
passing of __........._..__._...
...... ..---.........--....... 1261
HR 645
--Department of Public Health; inaugurate program recommended by Dr. B. W. Forester ______ _--_,,,__________1262
HR 646 --Feild, Henry S.; express sympathy for passing of ______.._________.1262
HR 647 --Smith; Honorable Kyle D.; express sympathy for passing of-1263
HR 648 --Tobacco; graders ......__.....-....__...._..-...-..................--....--...-----.1265
3972
INDEX
HE 649 --Tobacco; grades concealed from buyers ___--_--_._--______--.1266 HE 650 --Tobacco; acreage allotment .____.____.________._________-___.______________.___.1266 HR 651 --State Employees' Retirement System; prior service; study ___ 1267 HE 652 --Daylight Savings Time; schools; delay opening __._._______.1268 HE 653 --Presidential elections; proportional counting of electoral
votes _._.______.._________._____.__________________-._____-_-__..___-_______________.._1269, 1449 HE 654 --Veterans; Congress urged to pass certain bills
affecting _______.________.___.__.________..___.____._________..___.____.___1270, 1319, 1586 HE 655 --Shad Fish Study Committee; create .____.________-________1271, 1987, 2148 HE 656 --First grade teachers; study committee _._.__..._-______1271, 2592, 2628 HE 657 --Mechanics' and materialmen's liens Study Committee;
create .________._.__._.________._________._____________.____________.__-______1272, 1448, 1587 HE 658-1406--Appropriations; provide for annually; amendment to the
Constitution ______.._______.__.._________.._______..__________1308, 1441, 1797, 2213 HE 659 --State Examining Board Study Committee; create ____.___.._____._.1264 HE 660-1410--Cobb County; incorporation of territory; referendum;
amendment to the Constitution ___________ ...1308, 1442, 1448, 1567 HE 661-1420--Georgia Study Commission on Law Enforcement Officer
Standards and Education; create _______.________________1311, 1443, 1518, 2047, 3424
HE 662-1427--Henry County Water Authority; tax levy; amendment to the Constitution ___._.____.____..________-______1429, 1510, 1519, 1689, 3425
HE 663-1427--Henry County; County manager form of government; provide; amendment to the Constitution _.______1430, 1510, 1519, 1693, 3425
HE 664-1435--Cherokee County; fire protection districts; establish; amendment to the Constitution _.______1431, 1512, 1800, 1821, 2564
HE 665-1435--Savannah, City of; ad valorem tax levy; amendment to the Constitution ________________.____._1431, 1512, 1519, 2135, 3314, 3336
HE 666-1435--Peanuts and Pecans; tax exemption; amendment to the Constitution ..________________._________._______...________.___-_..____1432, 1512, 1516
HE 667-1435--Cusseta, Town of; Chattahoochee County; Charter Commission; create; amendment to the Constitution __.,,________-1432, 1512, 1665
HR 668-1435--Webster County Industrial Development Authority; create; amendment to the Constitution ____..___.____1432, 1512, 1665, 1696, 2245, 2394
HR 669-1440--Dalton, City of; Building Authority; create; amendment to the Constitution _______._.__________1433, 1513, 1519, 1702, 2245, 2647, 3035
HR 670-1440--Dalton, City of; Building Authority; create; amendment to the Constitution _ ___________..________________.1433, 1513, 1519, 1715, 2244
HR 671-1446--Screven County-Sylvania Airport Authority; tax levy; amendment to the Constitution _____ 1434, 1514, 1800, 1824, 2564
HR 672-1448--Atlanta Judicial Circuit; Georgia Supreme Court Reports; State Librarian to furnish certain volumes ______1435, 1515, 1520
HR 673-1450--Western & Atlantic Railroad; jurisdiction of new lease __.-__.____-.___.___..__-_-__..__.__-._-_-___-__-____1435, 1515, 1801, 2549, 3403
HR 674-1450--Crisp-County-Cordele Industrial Development Authority; create; amendment to the Constitution ___________.__.1435. 1515, 1519, 1721, 2245, 2935
HR 675-1458--Chattooga County Board of Education; election; amendment to the Constitution ._________.-....__...___._-_1507, 1660, 1800, 1827, 2565
INDEX
3973
HR 676-1458--Chattooga County; motor vehicle ad valorem tax; when proceeds used; amendment to the Constitution --.--_.--_--1507, 1660, 1800, 1829, 2565
HR 677-1458--State officials; compensation; amendment to the Constitution _________._._______________1607, 1660, 1665
HR 678-1464--Dooly County Industrial Development Authority; create; amendment to the Constitution __._._......___._.__.__........._____...1508, 1661, 1800, 1832, 2565
HR 679-1465--Pulton County; ad valorem tax levy; amendment to the Constitution ____--___--_-__._-__---1509, 1661, 1799
HR 680-1466--Constitution Revision Commission; create to call for Constitution Convention _________._________________1509, 1662
HR 681-1473--Henry County; water and sewerage; additional indebtedness; amendment to the Constitution ._..___...........__.___....___..___.___1654, 1791, 1799, 1999, 3425
HR 682-1473--Valdosta, City of; governing authority; merge with Lowndes County; amendment to the Constitution _........__.__..______..._.....____....1654, 1791, 1799, 2002, 2849
HR 683 --Smoke Rise Junior League Football Team; commend .__.___1588 HR 684-1477--Decatur County-Bainbridge Industrial Development
Authority; create; amendment to the Constitution ________._______________._____1655, 1792, 1800, 2006, 2850, 3052 HR 685-1477--Fales, Robert M.; compensate _____..__.__1655, 1792, 2233, 2303, 3425 HR 686-1477--Richmond County; public agencies; General Assembly's powers to create, etc.; amendment to the Constitution ___.____.______._____.__.._.1655, 1792, 1800, 2013, 3425 HR 687-1477--Douglas County; water, sanitation, sewerage and fire protection districts; establish; amendment to the Constitution ....._..._ 1655, 1792, 1800, 2017, 2850 HR 688 --Alien, Bishop L. Scott; commend .,,..__.....__.........____....____._.._,_1589 HR 689 --Johnson, Honorable William L.; commend __....._._.___..___............1590 HR 690 --Fullilove, Honorable W. Tom; commend ........_._________.____....____..1591 HR 691 --Bowman, Honorable Joseph M.; commend __...._._-........._.......'...1591 HR 692 --Blount, Honorable Robert E.; express sympathy for passing of .-__.______.--_________,,._.______.--________,,,,_--_____1592 HR 693 --Henderson, Dr. Zach S.; commend ___......_.___......_.___-_..__.-...-.._.1593 HR 694 --Golden, Doctor Charles F.; commend ,,. ,,......1594, 1805
HR 695 --Griffin, Ralph W.; express sympathy for passing of __....___ 1595
HR 696 --Johnson, Doctor, B. J., Sr.; commend ._..._......____......_.._...___........1596
HR 697 --Cook, Mr. James L.; express sympathy for passing of .._...__... 1596
HR 698 --Wheeler, Honorable Pete; commend ....___.__..................__.._........1597
HR 699 --Redden, Honorable Robert; commend
___.__,,___,,.,--_....1598
HR 700
--Conference of the Council for Exceptional Children; Representatives to attend __________________________________.1577, 3113, 3184
HR 701 --House of Representatives; amend rules _____._______.1577, 2354, 2448
HR 702 --Metropolitan Tax Study Commission; create _____.__1578, 1800, 2149
HR 703 --Motor vehicles Study Committee; create .____.-.-..._.1581, 2593, 2751
HR 704
--Metropolitan Airport Council; study committee __--.._.______... -... .....-___.....,,....._..... .1579, 1800, 2150
3974
INDEX
HR 705 --Profit and non-profit corporations; create study committee ._______...__,,--._._,,__..--......_1581, 1799, 2150
HR 706 --Marietta, City of; Hospital Authority; urge consolidation with Cobb County Hospital Authority --------------------------1579, 1800, 2151, 3404
HR 707 --State Employees' Retirement System; study committee --------___--____----__--_--_----------------1582, 2704
HR 708 --State grants; study committee to examine methods of distribution __--------_--------------------1583, 2752
HR 709-1479--Western & Atlantic Railroad; amendment to lease contract ----_----------------.1656, 1793, 1801, 2543, 3404
HR 710-1479--Thompson, Irene; compensate .--------1656, 1793, 2233, 2304, 3425 HR 711-1479--County, municipal tax; allocation to local school systems;
amendment to the Constitution _----___------__--_------1656, 1793 HR 712-1486--Contine, Marie Yvette;
compensate ----------___--------. 1657, 1794, 2233, 2304, 3425 HR 713-1512--Atlanta, City of; establish Historic Zone; amendment
to the Constitution ___------,,___------1659, 1795, 2235, 2263, 3425 HR 714-1514--School Drop-Out Study
Committee; create ----_----__----_------------___.1783, 1980, 2592 HR 715-1515--Wayne County; convey certain
real property ___--------------------1783, 1980, 2237, 2479, 3404 HR 716-1518--State Board of Pardons and Paroles;
nominating committee; amendment to the Constitution __----------_----------_------------1784, 1981, 2089, 2457 HR 717-1522--Gilmer County; Courthouse Library; Georgia Supreme and Court of Appeals Reports ----.--------_,,1785, 1981, 2844 HR 718-1522--Pickens County; Clerk of Superior Court; State Librarian to furnish certain law books --------1785, 1981, 2844 HR 719-1522--Gilmer County; Tax Commissioner; authorization to collect tax fi. fas.; amendment to the Constitution ----------------_-,,------.1785, 1982, 1989, 2139, 2850 HR 720-1522--Wall, Donald L.; compensate ..__-------------------------1785, 1982 HR 721 --Smith, Roy Clyde -..-- -- .--.----------------,,.-._ 1838 HR 722-1544--Blue Ridge, City of; Industrial Development Authority; amendment to the Constitution __-__--------_-----------1789, 1984, 2089, 2142, 2850 HR 723-1549--Mclntosh County; Industrial Development Authority; create; amendment to the Constitution ____.----------------1968, 2077, 2235, 2266, 3314, 3345 HR 724-1550--Fulton County; public parking facilities; establish; amendment to the Constitution -...------1789, 1985, 2235, 2272 HR 725-1550--General Assembly; election; four-year terms; amendment to the Constitution ------------ ------.------.1789, 1985, 2089, 2476, 3426 HR 726-1556--Baldwin County; annual registration tax; authorization to levy; amendment to the Constitution --------------------------1970, 2078, 2089, 2275, 2850 HR 727-1560--Waverly Hall, Town of; create Development Authority; amendment to the Constitution --------.--------1970, 2078, 2089, 2279, 2851, 2936
INDEX
3975
HR 728-1570--Governor's Mansion in Ansley Park; name of grantee __------------------1972, 2080, 2354, 2515, 3426
HR 729-1582--Governor's Traffic Safety Study Committee; create _._.1974, 2081 HR 730-1585--Ware County; consolidation with
City of Waycross; amendment to the Constitution ----.----------------------1975, 2082, 2235, 2282, 2850 HR 731-1586--Fulton County; tax levies; amendment to the Constitution ............___................._.... 1976, 2083, 2593, 2626 HR 732-1597--County government; powers; amendment to the Constitution ___--------------------.--2072, 2228, 2353, 2598, 3426 HR 733-1597--Russell, Richard B.; designate highway in Union and White Counties ___.------------------2072, 2087, 2228 HR 734-1600--Stephens County Development Authority; create; amendment to the Constitution ------_----____.----2073, 2229, 2236, 2418, 3426 HR 735-1608--Putnam County Development Authority; create; amendment to the Constitution _____.2073, 2230, 2236, 2424, 3426 HR 736-1611--Ad valorem tax; educational purposes; amendment to the Constitution _------____--,,--------------------------.2074, 2231 HR 737-1616--Western & Atlantic Railroad; amend lease .--------------------------2075, 2231, 2237, 2516, 3404 HR 738-1616--Glascock County; Industrial Development Authority; create; amendment to the Constitution --------------------2075, 2232, 2236, 2429, 3314, 3345 HR 739-1616--Warren County; Industrial Development Authority; create; amendment to the Constitution ------------------.2076, 2232, 2236, 2435, 3314, 3346 HR 740-1616--Rockdale County Board of Education; debts incurred; amendment to the Constitution .--------------------------2076, 2232, 2353, 2601, 3426 HR 741 --McCorkle, Mrs. Zack; commend .,,,,.---------------------.._. 2152 HR 742 --Irwin County; 150th Anniversary; commemorating __..2153, 2616 HR 743 --Gilbert, Honorable Louis H.; express sympathy for passing of ._....--..._._-._.._._.. ._..___.___.......____2154 HR 744 --Southern Bell Telephone and Telegraph Company; commend ..... ------------.-------.-.--.--.2155 HR 745 --Mann, Virginia Anne; commend --_----------------------------2156 HR 746 --Roebling Family; expressing appreciation .------.------__----.2156 HR 747 --Mann, Helen Rebekah (Becky) ; commend ----------------------2157 HR 748 --DeKalb County; DeKalb Patriots; commend ---------------.2157 HR 749 --National Air Guard, Georgia; commend .----------------------2159 HR 750 --Miller, Polly; commend ._._.__._-_,,------------------------------___2160
HR 751
--Elliott, William A. "Bubba"; express sympathy for passing of ------------------_.------------------2161
HR 752
--Gwyn, Charles R., Sr.; express sympathy for passing of _...._.--............ ___...._............2161, 2617
HR 753
--Elks, Benevolent and Protective Order of; commend and congratulate _______----------_--------2162, 2617
HR 754
--Howard, Honorable G. Robert (Tiger) ; wishing a speedy recovery ........_._._..._.._.._____._...,,._----..^--...... 2163
3976
INDEX
HR 755
HR 756
HR 757 HR 758 HR 759 HR 760
HR 761 HR 762 HR 763 HR 764
HR 765
HR 766 HR 767 HR 768 HR 769
HR 770 HR 771
HR 772 HR 773 HR 774 HR 775
HR 776
--Pope, Superior Court Judge and
Mrs. Marion T., Jr.; congratulate --.__..___..____--_----_----__2164
--Leigh, Mrs. Mary Pindar; express
sympathy for passing of ___._______________,,_----.--__------2165, 2617
--Roddenbery, Robert Samuel, ST.; commend .
2165, 2617
--Irvin, Thomas T.; confer title of "Dr. of Education" --------2167
--Tucker, Honorable Ray M.; wishing a speedy recovery -----2168
--Stephens, Honorable Ronald D. (Ronnie) ;
express sympathy for passing of ----------.__--...._---------2169
--Armed Forces; commend ...___..------------------....2170, 2617
--Dunlop Company; commend -- .__.-------------.--------------2170
--Reynolds, City of; Kiwanis Club; commend -------..------------2171
--Taylor County; High School Girls'
Basketball Team; commend _.__-------..--_----__.------------.2172
--Taylor County; High School Boys'
Basketball Team; commend ____----------.__-_________.-______--..--2173
--Butler, City of; volunteer fire department; commend ..------2173
--Newton, Honorable Albert Sidney; commend --------_.__----2174
--Cartersville, City of; Jaycees; commend ------------------------.2175
--Miller, Doctor Joel Herman; express
sympathy for passing of __________--._...--------___--._______.__..___.--2176
--House of Representatives; amend H.R. 3 ...--...-2179, 3113, 3185
--Laboratory Licensing Study Committee;
create _...----...-------------------2180, 2352, 2629
--Juvenile crime; create study committee _-----__________.________----2181
--Teachers; Tenure Study Committee; create ......2181, 2592, 2753
--Firearms Safety Study Committee; create --------2182, 2593, 2630
--Department of Public Health; submit certain
information to General Assembly .........--..----2183, 2352, 2753
--Bureau of State Planning; study committee ........2184, 2842, 2904
HR 777 --Lobbyists; regulation; create study committee _.....----...----2185
HR 778
--State Income Tax Study Committee; create .------.------------------------2185, 2238, 2449
HR 779-1627--Macon, City of; ad valorem property tax; assessment; amendment to the Constitution ----------.------------2226, 2347
HR 780
--General Assembly; relative to adjournment; Saturday, March 2, 1968 ------------------.......----.2177, 2565
HR 781-1631--Governor's Traffic Safety Study Committee; create ------------.------2227, 2348, 2354, 2449, 3426
HR 782-1631--Ware County; Sheriff's responsibility, United State Criminal Laws; amendment to the Constitution ._----.......----2227, 2348, 2702, 2718
HR 783
--Key, Honorable William Hicks; express sympathy for passing of ....__...................
.------------. 2297
HR 784-1636--Department of Industry & Trade; expenses; amendment to the Constitution .------------.-2343, 2557, 2592, 2802, 3404
HR 785-1636--Gwinnett County; employees and officials; create Merit System; amendment to the Constitution _...__.----------.__----....2343, 2557, 2593, 2603, 3427
INDEX
3977
HR 786-1643--State Game and Fish Commission; expenses; amendment to the Constitution ______.____.___.__.________.2345, 2558, 2593, 2807, 3427
HR 787 --Wilson, Honorable Edgar H.; commend .--..___.._..........___2450 HR 788 --Redding, Mr. Otis; express sympathy for passing of .-___________.2451 HR 789 --Parker, Honorable H. Walstein; commend ______.._________._.___________.2452 HR 790 --Laite, Rev. W. W.; commend _-_-___-__.......-_-...____........_....__--______--2453 HR 791 --Cancer Control Month; Designate; April, 1968 ____......__2454, 3427 HR 792 --Mentally ill children; Central State Hospital _......._._..._...________2454 HR 793 --Teachers; create study committee on compensation,
retirement and ancillary matters __,,.----_------..2455, 2592, 2754 HR 794 --State Board of Pardons and Paroles;
Constitutional Commission _._.___.-.....____...........____......___...2456, 2616 HR 795 --Lovett, Honorable W. H.; commend ___..--___..__--_,,.__..._--__________.2456 HR 796 --King, Doctor Martin Luther, Jr.; commend _,,_-_--__.___,,__,,--.2457 HR 797 --State Board of Pardons and Paroles;
study committee .._._...__--__...__._...--__.._.___._.....___.--...2459, 2704, 2755 HR 798 --Water well drillers; study committee ----________--.2460, 2703, 2756 HR 799 --Motor pools; study committee __.___-_______..___.____......__2461, 2704, 2757 HR 800 --Driver Education Study Committee;
create .._.___..._____._..__......___......-......_...-...___.....____..-...2462, 2990, 3186 HR 801 --Cemeteries; study committee __..___--_.__-.__._____.___-_._.2463, 2594, 2758 HR 802 --Georgia Housing Administration; study committee ___________.__2464 HR 803 --Forest products; study committee _.____.__--__.____--_.2465, 2594, 2759 HR 804 --Municipal grants; study committee _----.__-.__...._,,.___.....-.....__--..2466 HR 805 --Howington, Honorable Kelsey D.; express
sympathy for passing of _________._..__.___..,,.___.,,--....__.__.,,_,,._.____...2630 HR 806-1653--Gwinnett County Board of Education; filling of vacancies;
amendment to the Constitution __._..2589, 2697, 2702, 2873, 3427 HR 807 --Lane, Honorable W. Jones; commend ,,____,,----_,,._----.,,_-----.2631 HR 808 --Newton, Honorable and Mrs. A. Sid; congratulate _.._..._.._.._2632 HR 809 --Lewis, Honorable Preston B.; commend ,,__,,..._--__.._____.--____.__...2633 HR 810 --Milner, City of; 1967-68 Milner High School
Boys' Basketball Team; commend ......-......_____. 2633 HR 811 --Pike County; 1967-68 High School Boys'
Basketball Team; commend _,,.___.----___----,,,,._.----_..,,.--...2634 HR 812 --Milner, City of; 1967-68 High School Girls'
Basketball Team; commend __--.__.------------------~_._--~_2635 HR 813 --Potts, Mrs. Buna Reeves; express sympathy for passing of .--2635 HR 814 --Moran, Honorable Charles A.; commend ........._.___...___--_..___..2636 HR 815 --Truck License Study Committee; create _.............2638, 2990, 3186 HR 816 --Gideon, Major General Francis C.; invite to
address House of Representatives ..______,,--__--. 2637 HR 817 --Board of Regents; budget procedure; study committee _----2759
HR 818
--Skelton, Honorable Hugh; express sympathy for passing of ._......__....--._......__,,....__.___-....._----.__------..--._--...2760
HR 819 --Braddock, Police Chief Grady E.; commend ,,.._.,,_..._-...._._--..2762
HR 820 --Johnson High School; Players and Coaches; commend ..._~_._.2763
HR 821
--Brach High School; Basketball Team and Bulldogs; commend _____.________..._____...--_____..--_.___..----...___.,,....__--......_..........2764
HR 822 --Anderson, Peyton; commend .._._...__..._.......__--......._____...._._____,,.--.2764
3978
HR 823
HR 824
HR 825
HR 826 HR 827 HR 828
HR 829 HR 830 HR 831 HR 832 HR 833
HR 834
HR 835 HR 836
HR 837
HR 838
HR 839 HR 840 HR 841 HR 842 HR 843 HR 844 HR 845
HR 846 HR 847
HR 848 HR 849 HR 850
HR 851 HR 852 HR 853
HR 854 HR 855 HR 856
HR 857 HR 858
INDEX
--Jenkins, Mrs. Sarah G.; express sympathy for passing of _--____,,------_________________________________________2765
--Central High School; Girls' Basketball Team; congratulate _________------___--____------____--________________________2765
--Chappell, Honorable Bentley H.; express sympathy for passing of ------------------------------_....2766
--Ashworth, Maynard R.; commend ._----------.__....___--__.._....2767 --Attaway, Sheriff Roland; commend ...___.----____...__._..2767 --Miller County; 1967-68 High School Girls'
Basketball Team; commend ----....--------_--------_--..............2768 --DeLague, Theus Everett; express sympathy for passing of --.2769 --Parrish, Honorable June J.; commend ----_.______--.____2769 --Fredricks, Douglas Windsor; commend ________......--.------------2770 --Nonpar banking; study committee ----------------2740, 3111, 3187 --Courts below superior court level;
study committee ....__--_----__--...--.----------------2740, 3112, 3188 --House of Representatives; allow certain subcommittees
to function after adjournment ________________________..2741, 2844, 2905 --Phonograph records & magnetic tapes; study committee ----2742 --Committee on Private Financing of Student
and Faculty Housing; create _--_--__----_----------_--------___2743 --Care and Training of Pre-School Children;
recreate committee --------___--_________________----------_--_________2744 --Bureau of Criminal Statistics;
study committee _.._--------------______.____.____--------.2745, 3112, 3188 --Milk control and distribution; study committee _____________________ 2746 --Birdsong, Mr. William E. "Bill"; expressing appreciation ....2906 --Hughes, Honorable Frank M.; commend ....._.__--____.______________.....2907 --Hains, Solicitor-General George; commend ....----_______________.____2908 --Armed Forces, expressing appreciation ___________------------------2909 --Pepper, Doctor Henry C.; expressing appreciation ----------2909 --High school graduates and University System
of Georgia; study committee _------..--------------------.._ 2910 --Molnar, Mac; commend _------.........._--------_----------------------2911 --Henry McNeal Turner High School; Basketball
Team; congratulate ------.--------.------.------------_,,..... 2911 --Taylor, Miss Cindy; commend ___._-------_......------------------2912 --Payne, Charles; commend ___....------~----_----.--.--_._~_2912 --McCarthy, Mr. J. P., and Lockheed Ga. Co.,
expressing appreciation _----____--._--._..._.----__----------2913 --WMAZ Radio and TV; expressing appreciation --------------2913 --Cobb County; Beautification Week; Governor designate ._.._.2914 --Macon, City of; Ingleside Community, Piedmont
District; Boy Scout Troop No. 5; commend ____--------------.2915 --Grow, Miss Rosemary; commend ------------------._----...-- 2916 --Doale, Honorable Joe; commend -- --------------------------.2916 --Banks County; 1967-68 High School Boys'
Basketball Team; commend --___------.....------__.----...----2917 --Leonard, Honorable Gerald H.; commend ------------------.--2917 --Lee County; High School Girls' Basketball
Team; congratulate -------.-...._------.--------------..._--....--2918
HR 859 HR 860
HR 861 HR 862
HR 863 HR 864 HR 865 HR 866 HR 867 HR 868 HR 869
HR 870 HR 871 HR 872 HR 873
HR 874
HR 875 HR 876 HR 877 HR 878 HR 879
HR 880 HR 881 HR 882
HR 883
HR 884
HR 885 HR 886 HR 887
HR 888
HR 889 HR 890
HR 891
HR 892 HR 893 HR 894 HR 895
INDEX
3979
--Moore, Honorable Don C.; commend ....__...._--........._.._.._.__2919 --Lawrence, Honorable Alexander Atkinson;
expressing appreciation _____________________________----...._.____._.2919 --Recreational Waters Pollution Study Committee; create ........2921 --City and county governments; merger of;
study committee ------------.__....._._......____........--_2921, 2990, 3189 --General Assembly; relative to adjournment ._......-.----.--_.._3042 --Spell, Miss Billie Jo; commend ___._........._____-....._._......_...-..........3042 --Page Staff; members of; expressing appreciation --------3043 --Lasseter, Honorable R. L.; commend .--------------------------3043 --Farmer, Honorable Leon, Jr.; commend ------____.__----------3044 --Hitt, Honorable Ed B., commend ..__._....____...--__-........___._..._..._3045 --House of Representatives; stenographers,
expressing appreciation _____________,,____--..._------_.__.__.__3046 --Wild Dog Study Committee; create _._..__.___.__..........3048, 3113, 3190 --Grain Storage Facilities Study Committee; create _...,,___3049 --Vaughn, Honorable Clarence R., Jr.; Highway, designate --3046 --Thomson, George Clarence; express sympathy
for passing of --_.__--...._--.--_.....--....___------------.3047, 3427 --Whigham High School; Boys' Basketball Team;
congratulate .........._________...-.--.-.______----_-._._--------.----...----_3191 --Bentley, Honorable James L.; commend __.----___.__------__.3192 --Beacham, Honorable Jack; commend ----------------------------3193 --Skidaway Island Bridge; commend --.------------_--------__-3193 --State Department of Conservation; study committee .----.-- 3194 --Agricultural Commodities Commission for Milk;
expressing appreciation ____.__...,,.______._.....__--....--______________-_...3195 --Carnes, Honorable Charles L.; commend ......____..____........,,....3196 --Blalock, Honorable D. B.; commend --------------....----.__._...3196 --United Daughters of the Confederacy;
Gordon-Carson Chapter; commend ------------------------3198 --Burt, Mrs. Sarah Lois Wadley; express
sympathy for passing of ----------------------------------....3199 --Middle Georgia Educational Facilities Study
Committee; create __..___..--___.._..___.--.__.....--..___--_----..--------3200 --Raines, Lt. Ben F.; commend __.____.....--..__.___.....--..._..._____--...----3201 --WBML Radio; expressing appreciation _----.__.------______.._._-3201 --National Conference of State Legislative Leaders;
request Speaker to send representative ___----------___..__3202 --National Order of Women Legislators; request
Speaker to send representative ------.----------_._------3202 --Aviation Study Committee; create ....___..............__..___........------...3203 --Bulloch County; State Highway Department urged to
reopen Burkhalter Road .----,,_.._....._----__..__......----.._.__......._.... 3204
--Department of Mines, Mining and Geology; recognize study committee ....----.--------_.....----__..._..__3204
--Matthews, Honorable Chappelle; commend .--------------------3205
--Daniel, J. C. (Moody) ; commend ----.----.........__------------3206
--Henry County Water Study Commission; create ..._----------3207
--Dodd, Honorable Ed; commend ...._--.___.--__--------------_----3207
3980
HR 896
HR 897 HR 898 HR 899 HR 900 HR 901 HR 902 HR 903
HR 904 HR 905
INDEX
--Flue-cured tobacco; oppose Proposed Marketing Agreement and Order ________---------------_..--_._._----3208
--Bramblett, Mrs. A. W., Sr.; expressing appreciation ________3209 --Nunn, Honorable Sam, Jr.; commend ----------------------3209 --Steis, Honorable William Burton; commend _..._._--------3210 --Smith, George L., II; expressing appreciation; commend .---3211 --Floyd, Honorable James H. "Sloppy"; commend --------------3212 --Statesboro, City of; High School "Blue Devils"; commend --3213 --Southeast River Basins Study Committee;
endorse recommendations ------------------------------__-3213 --Barber, Honorable Mac; commend _....____----_----_...___.3214 --General Assembly; sine die; adjournment --.---3374, 3433, 3434
PART IV
SENATE BILLS IN HOUSE
SB 14
SB 17
SB 30
SB 31
SB 41
SB 50 SB 51 SB 57 SB 62 SB 73
SB 74 SB 76
SB 79
SB 91 SB 95 SB 100 SB 109
SB 111
SB 117
--Teachers' Retirement System; leaves of absence ------------------------------------.....(No action in 1968)
--Georgia Governmental Documents; allow for publishing _----._----------..----..----2594, 3180, 3427
--Trial Judges and Solicitor's Retirement Fund; create ...._._.......__----.._.,,.... 340, 341, 1099, 2969, 3036, 3237, 3430
--Superior Court Judges; additional benefits --------_-__.__--________________................----1099, 3275, 3430
--Compact for Education; members' appointment .------.------________--1526, 1528, 1662, 2841, 3325
--Pistols; license fee .--------............_.....---------- (No action in 1968) --Pistols; bonds --...,,,,------------.__.__-_________...(No action in 1968) --Dispossessed property; storage ............739, 741, 827, 1227, 1233 --Bail trover; modify law --------.------------(No action in 1968) --Handicapped persons; construction of
public buildings ------------------------(No action in 1968) --Code of Honesty; employees and officials of State --------2991 --Georgia Election Code; nomination petition;
candidate shall pay cost --------------------(No action in 1968) --Courts; allow Judges and other court personnel to
attend seminars --------------------------------.------393, 813 --Real estate brokers and salesmen; revise laws --------339, 476 --Crawfordville, City of; new charter --------(No action in 1968) --State Health Department; appeals ----------------393, 806, 859 --Motor vehicle; trucks; refund,
certain license fees ------------------------(No action in 1968) --Atlanta, City of; Rapid Transit Authority;
additional powers --------------------------(No action in 1968) --Georgia Insurance Code; relating to contents of
policies ------------------------1526, 1528, 1662, 2702, 2980, 3407
SB 120
SB 124 SB 134 SB 143 SB 151 SB 154 SB 155 SB 174 SB 180 SB 181 SB 183 SB 186 SB 189 SB 190 SB 191 SB 193 SB 199 SB 200 SB 201 SB 202 SB 203 SB 204 SB 205 SB 207
SB 208 SB 209 SB 210
INDEX
3981
--Motor Vehicles Operators; punishment for
drunk driving ______..________472, 473, 498, 831, 2034, 2242, 2297, 2507,
2507, 3035, 3040
--Uniform Airports Act; fees to owners of
small planes ____.___--_____-_-_-___--___.--,,--___-___-(No action in 1968)
--Federal Wagering Occupational Tax Stamp Act;
amend ...._..,,_,,_,,.__..___..._,,.....__.._...___._._....,,_..__ (No action in 1968)
--Open meetings; public funds __.----_----___-_ (No action in 1968)
--Georgia Election Code; municipal
primaries _________________________.__._..__.____________.__669, 1116, 1872, 3406
--Sporting and entertainment events; holding of ..___..,,__...___..,,_,,2234
--DeKalb County; establish local government study
commission .-_._..__.....__._.._...___..___..._.__..._-....__...__...__....1237, 1241, 1317
--Psychodrama; provide for practice of ........1025, 1104, 1163, 2701
--Court Reporters; compensation by
counties .. _. ...___....____....__--.944, 949, 984, 1518, 2973, 3404
--Georgia Election Code; candidate by petition .---- 509, 636, 704,
798
--DeKalb County; political posters .__..__.__..___..._._..._...__........__3112, 3113
--Accountants; non-residents; registration ______.__._.941, 2194, 2899
--State Revenue Commissioner;
compensation _....___.._.__...__...__...___.._...__-.._._...__._.._..736, 2888, 3002
--Fulton County Planning Commission;
eliminate certain exemptions
1526, 1528, 1663, 2353, 2576
--Firemen; provide for settlement of employment
disputes ..___...__...__.._..__....__...._..._...____...__...__.._.......2085, 2086, 2232
--Fulton County; use of timing devices .._..-__..-.._.._-..__......__...__...-_668
--State Board of Corrections; Georgia Administrative
Procedure Act ........__...__..._...._.__....____...__.200, 257, 297, 508, 3098
--State Board of Pardons and Paroles;
public hearings __.._.......__-..._._...___..._...._.__......_....339, 473, 498, 830
--State Board of Pardons and Paroles; Hearings;
Licensed Attorneys .....__..._...__.....__.339, 473, 498, 830, 3279, 3428
--State Board of Pardons and Paroles; Georgia Administrative
Procedure Act _.___..___...__...____._.__..__...____..200, 258, 297, 1101, 3220
--Workmen's Compensation; review of settlements;
procedure __...__._...._....__..___..___..._........._.___....200, 258, 297, 987, 1115
--The Common Day of Rest Act of 1968;
create _.....____...._...._.__..._..._....._-...__...____.._-.........__-663, 607, 665, 939
--Model Glue; intentional inhaling of fumes;
prohibit _._____.__.____.___._____.__.__.._.___._499, 511, 603, 1165, 2975, 3405
--State Senatorial Districts;
reapportion ....201, 258, 297, 394, 441, 476, 476, 477, 477, 478,
478
--State Employees' Retirement System; suspension of benefits
under certain conditions ......._..____...__..__.__._.__._...2086, 2087, 2232
--Motor Vehicles; speed restrictions on
certain highways ____.___..___..-__..__._._--.___...___472, 474, 498, 508, 806
--Minors; cruel treatment; dentists
may report ._......._..339, 474, 498, 987, 1275, 1991, 2188, 2508,
3040, 3107
3982 SB 212 SB 213 SB 214 SB 218 SB 219 SB 220 SB 221 SB 225 SB 230 SB 231 SB 232 SB 234
SB 236 SB 237 SB 240 SB 241 SB 242 SB 243 SB 245 SB 246 SB 247 SB 248 SB 250 SB 251 SB 252
INDEX
--Ocean Science Center of the Atlantic
Commission; Titles ___________.________________,___________1102, 1104, 1163
--Sunday Business Activities Act;
exceptions __________..___._______.__.____._______._._______.1166, 1239, 1315, 1517
--Contracts; statue of
limitation ______..____________669, 670, 733, 1099, 1728, 1799, 2583, 2899
--Georgia Commission on The Arts;
create __.._..._______.____________1103, 1104, 1163, 1321, 2581, 2638, 2971
--Divorce; practice and procedure; clarify __._________1167, 1239, 1315
--Trucks hauling gravel or stone; prohibit
without protective covering ___________________________...________473, 474, 499
--Workmen's compensation; sheriffs and
deputy sheriffs ___.____._____.....______-..___._______._-_____499, 511, 603, 831
--Gambling; felony;
punishment _._________________.____________2706, 2708, 2839, 2842, 3230, 3428
--Corporations; Georgia Business Corporation
Act; create __________________ 2360, 2398, 2559, 2703, 2984, 3013, 3428
--General Assembly; subpoenas shall not be issued to
members while in Session ______________________832, 832, 883, 990, 3221
--Tobacco; Flue-cured leaf tobacco; licenses
to warehouse operators ________________.___________739, 741, 827, 1318, 2953
--State Department of Air Transportation;
establish ____________603, 607, 665, 883, 1280, 1992, 1995, 2242, 2639,
3405
--Fulton County; Sheriff's
salary .
_____________.________1805, 1808, 1986, 2842, 2872, 3405
--Alien Students; State
employment ___.________________________.__944, 949, 984, 2704, 3159, 3428
--Firearms; discharging on Sunday; allow under
certain circumstances ________________________ 669, 670, 733, 2234, 3151
--Atlanta, City of; Employees'
pension rights _________________________________ 1992, 1993, 2083, 2353, 2576
--Atlanta, City of; Fire department; tax on
insurance premiums __,,_______.________ 1992, 1994, 2084, 2354, 2576
--Atlanta, City of; Teachers'
pension _...______________________._______._______1993. 1993, 2083, 2354, 2577
--Veterans, Georgia State War Veterans' Home;
redefine "war veterans" ____________.___604, 607, 665, 939, 2665, 3406
--Superior Court; Clerks; retirement
benefits
...
1991, 1994, 2084, 2237, 2951
--Minimum Foundation Program of
Education Act ___________________._.._______.___._______669, 670, 733, 2234, 2891
--Atlanta, City of; Housing Authorities Law; increase membership _._____________.__________.._.2241, 2245, 2348, 3112, 3116, 3428
--Sheriffs; Civil and criminal cases; enumeration of fees ..___________.__......___ 1167, 1239, 1315, 2626, 2844, 3143, 3430
--Sheriffs; Governor's investigation committee to study charges against __.________________..___1103, 1105, 1163, 2844, 3141, 3430
--Sheriffs; Sheriffs' Retirement Fund; Board membership ________________1025, 1105, 1163, 2844, 3142, 3429
SB 254 SB 258 SB 259 SB 260 SB 263 SB 265 SB 266 SB 267 SB 268 SB 270 SB 271 SB 272 SB 273 SB 274 SB 276 SB 277 SB 278 SB 282 SB 286 SB 287 SB 293 SB 294
SB 295 SB 299 SB 304
INDEX
3983
--Solicitors-General; Emeritus; service computated __884, 887, 938 --Licenses; Plates; issuance to
certain veterans ____________________604, 607, 665, 760, 939, 2968, 3406 --Licenses; Drivers; honorary;
requirements __....-......_.___.____-__________.....___.884, 888, 939, 1519, 2666 --Veterans; Discharge certificates;
fees for recording ......_...._____....................604, 607, 666, 1520, 2962 --State Employees' Retirement System; notice to certain
employees prior to retirement ........_._.___..... 739, 741, 827, 2991 --Solicitors-General; Emeritus; credit for service
in the armed forces _.___..____.__________.____...__.__..____739, 741, 828, 1990 --Teachers' Retirement System; credit for
service in the armed forces ......... 739, 741, 828, 1990 --General Assembly; Retirement;
Service Computated _-_______,,________--_._____.1103, 1105, 1163, 1521 --Sheriffs' retirement fund;
armed forces credit .........._._...........___........._______739, 742, 828, 1521 --Advisory Committee on Retirement
Systems; create ___________,,__--__.-__-_________-_.1103, 1105, 1164, 2991 --Clerk Superior Court; Retirement benefits; credit for
service in the armed forces ________-__-____________739, 742, 828, 1521 --Municipalities; Annexation by petition; change
percentages -___..__.-________..._-..944, 949, 984, 1800, 1995, 2236, 3177 --American Institute For Research In Bio-Technology;
create .__._.......___.____.___......._.__.___.___...-...____.__....1103, 1105, 1164, 2989 --Fulton County; Criminal Court; Judge and Solicitor-General;
filling of vacancies ___.._-........1993, 1993, 2083, 2990, 2992, 3405 --Superior Court; Judges, Emeritus; credit for
service in armed forces ___.___._-_.____-_......__...__.....-740, 742, 828, 1990 --Fulton County; Civil Court Judge, filling of
vacancies ___._....._..___.......___.......1993, 1994, 2083, 2990, 2992, 3406
--State Employees' Retirement System; credit for service in armed forces .______..___._.......,,.,,._._______740, 742, 828, 1521
--Fulton County; Ordinary's compensation __........._----___.___--_.______1670, 1676, 1795, 2353, 2404
--Birth Certificates; Governmental agencies; certified copies _..____.-._._._.........___.___._......____.___.___.670, 670, 733, 987
--Birth Certificates; Name change; issuance of new certificate __.___......._.___.._.____.._..............___.670, 671, 733, 987
--General Assembly; salaries; bills _____________.884, 888, 939, 990, 2326
--Prisons and Prisoners; hospital patients; continuance of care and treatment when term has expired ......_._...___._._.._____._.._________.....___.944, 950, 984, 1101
--Mental Health; Hospitalization; procedure for transfer from another State -_._____....._._____.1449, 1451, 1516, 2701
--Solicitors-General; Georgia Administrative Procedure Act ...._.._._..............___.._............884, 888, 939, 1099, 2582
--Georgia Election Code; Automatic recount of votes cast _..._........................._._......-.__..-.2706, 2708, 2839, 2845
3984 SB 308
SB 309 SB 310
SB 311
SB 312
SB 313 SB 314 SB 315 SB 316 SB 319 SB 320 SB 322 SB 323 SB 324 SB 325 SB 328 SB 329 SB 330 SB 332 SB 334 SB 338 SB 339 SB 340
INDEX
--Atlanta, City of; Joint City-County Board of Tax Assessors; abolish office manager's position __..........___..._._.___._ 1167, 1239, 1315, 2236, 2246
--Atlanta, City of; zoning changes; notification to tax assessing officials _.........._.__.___._._._.___.1167, 1239, 1315, 2235, 2247
--Atlanta, City of; tax returns due City
of Atlanta located in Fulton and DeKalb
County .....,,__,,.._,,
1740, 1741, 1797, 2235, 2262, 3405
--Atlanta, City of; Mayor and Board
of Aldermen; jurisdiction over sanitation
facilities ..__..__._.._.........___.-..._-.....__..-1237, 1241, 1317, 2235, 2247
--Fulton County; Tax commissioner; collection of
taxes due City of Atlanta situated in
DeKalb County ___......_..._..___...._______1670, 1676, 1796, 2235, 2247
--Atlanta, City of; slum clearance; non-residents;
provide service by certified mail ..,1167, 1239, 1316, 2235, 2248
--Sales Tax; exempt shavings and
saw dust
...
1323, 1324, 1444, 1991, 2954, 3003
--Georgia Real Estate Commission; staggered terms
of office for members ___________1167, 1240, 1316, 1519, 2509, 2612
--State Examining Boards; additional
class of applicants ......._.....______.___._._.1526, 1529, 1663, 2704, 2967
--Fulton County; warrants;
execution ____..__________.____________________________1167, 1240, 1316, 2353, 2403
--Insurance; liability; uninsured
motor vehicles __________..____1237, 1241, 1317, 1987, 3231, 3378, 3378
--Motor vehicles; license plates; members of the
General Assembly _____________________..______1103, 1105, 1164, 1800, 3221
--Polygraph Examiners; Board of Polygraph
Examiners; create -...__.....-__-__._______.1168, 1240, 1316, 2701, 2962
--Superior Courts; Alternate Jurors may be substituted
for original jurors _______________.___.2618, 2622, 2699, 2703, 2953, 3405
--Watercraft; torts; owner's
liability __.._________.........___..__..._____........2617, 2622, 2699, 2701, 2978
--DeKalb County; Planning Commission; public
transportation for hire _-.__-........._-.1168, 1240, 1316, 2354, 2577
--Department of State Parks;
Director's salary __....._....______..__-.....___.2707, 2709, 2839, 2843, 3316
--Judges; Civil matters; Executive Secretary and
Calendar Clerk ____.______.____________1168, 1240, 1316, 1839, 2354, 2577
--Estates; Widow's dower;
how barred .........__._.._........._. 1168, 1240, 1316, 1990, 3216, 3429
--Clayton Judicial Circuit;
Chief Judge's salary ___.___......._..___.._...................__.1168, 1241, 1317
--Georgia Health Code; Tourist courts; "public lodgings" __________..________-____._.--._._.___.1237, 1241, 1317, 2701
--Georgia Health Code; Sewage discharge; change provisions ..-.........,,__.._...-............ 2707, 2709, 2839, 2841
--Evans County; Sheriff; Deputy's salary __....._...___.___.___........................__1238) 1242, 1317, 1448, 1455
SB 341 SB 342 SB 343 SB 347 SB 349 SB 350 SB 353 SB 354 SB 355 SB 357 SB 359 SB 360 SB 362 SB 363 SB 364 SB 365 SB 366 SB 368 SB 369
SB 371 SB 372 SB 374
SB 378 SB 379 SB 380
INDEX
3985
--Evans County; Clerk of Superior
Court; salary _____._.__________..__________________1238, 1242, 1318, 1448, 1455
--Evans County; Board of Commissioners;
compensation ...____._..____.____..______1238, 1242, 1318, 2593, 2597, 3406
--Nurseries; Ornamental shrubbery; rights of free
enterprise; State competition _._......_____________________1168, 1241, 1317
--DeKalb County; County-manager form of
government; referendum ___..______-__._____________.________1238, 1242, 1318
--Alcoholic Beverages; Females working in
liquor stores; allow _.__________._____.......__2086, 2087, 2233, 2237, 2673
--Aircraft; Non-commercial manufacturers; responsibility
for defective workmanship _____________.___.____..____________1670, 1676, 1796
--Metro Atlanta Rapid Transit Authority; clarify
costs ___.______.1675, 1676, 1796, 2702, 2984, 3100, 3104, 3133, 3429
--Cobb County; Governmental Reorganization Study
Commission; create ___._..___..__..1527, 1529, 1663, 2353, 2570, 2620
--Marietta, City of; Board of Education; sale of
certain property ...._..._...._.._..._.__._..___.1527, 1529, 1663, 2702, 2717
--Superior Court; Judges; may serve in
other Superior Courts ....,,__.._.._-_--..........____.____.__.1527, 1529, 1663
--Elections; Unlawful campaign practices;
prohibit ._........_............_______.____1527, 1529, 1663, 1990, 2965, 3406
--Juries and Grand Juries; Grand jurors; method
of selecting ___________._______.____._______1670, 1676, 1796, 1799, 3278, 3429
--Lake City, City of; Elections;
change date ............___.__.__....-.......-......1805, 1808, 1986, 2842, 2863
--State Highway Department; Utility lines;
cost of relocating _______.___..______.1805, 1808, 1986, 2087, 2582, 2900
--Solicitors-General; Salary payable from
State funds ..........
. 1992, 1994, 2084, 2090, 3006, 3407
--Cobb County; Cobb County-Marietta Water
Authority; revenue bonds ...........__. 1805, 1808, 1986, 2703, 2718
--Minors; Solicitation of money;
unlawful to employ __......___.-..........__.-.....___.1992, 1994, 2084, 2592
--Taxation; State income tax; increase exemption for
certain commissioned officers ___.._......__._...........2617, 2620, 2697
--State Department of Corrections; Prison-made
products; submit list to Supervisor of
Purchases ___.............__..... 1670, 1677, 1796, 2844, 3277, 3282, 3282
--Minors; Property conveyances; consensual transactions;
18 years of age or older __.-_._..___...._____._.._.....____....1805, 1809, 1986
--Pannin County; Tax Collector's
salary ............................_..1805, 1809, 1986, 1989, 2134, 3429
--Rabun County; Board of Commissioners of Roads and Revenues; districts ... 2241, 2245, 2348, 2842, 2863, 3038, 3039, 3226, 3227, 3315, 3336, 3337, 3342
--Hapeville, City of; corporate limits _...__......._...___.__......._.._._________.__..____2241, 2245, 2348, 2353, 2578
--Union City, City of; Incorporate _..._._............._.......2242, 2245, 2349
--Daisy, City of; Charter ...................2242, 2246, 2349, 2593, 2596
3986 SB 382 SB 384
SB 385 SB 386 SB 387 SB 388 SB 390 SB 391 SB 392 SB 393 SB 394
SB 396 SB 397 SB 398 SB 400 SB 401 SB 405 SB 406
SB 407 SB 408 SB 409 SB 410
SB 412
SB 413
INDEX
--Rayle, Town of; New Charter ___.__..__..2242, 2246, 2349, 3112, 3114 --State Government; Indebtedness; aggregate
shall not exceed 11 % of total revenue received _________________._.___.___________.__.__.__.._.______2707, 2709, 2839 --Master Keys; duplicates; unlawful to make _ _. ___________________ 2617, 2621, 2697, 2841, 3290, 3323 --Georgia Post Mortem Examination Act; Medical Examiners; appointment _______________.________._2619, 2633, 2699, 2990 --Charitable Institutions; Non-profit hospitals; personnel compensation _._.._.._.______________--2565, 2566, 2590, 3112 --Toombs Judicial Circuit; Solicitor-General's salary __._.______________--____---_2613, 2621, 2698 --Livestock; Traps; unlawful to set or construct on lands of another person ___.__..__________________-.-_--2618, 2623, 2699 --Cherokee County; School Districts; change; referendum ....___.____.._.___.___.2359, 2398, 2559, 2990, 2991 --Berrien County; Tax Commissioner; salary ___________ ________________.,,___ 2359, 2398, 2559, 2843, 2868, 3407 --Non-residents; Personal jurisdiction; torts _______________________________.__________2566, 2567, 2591, 2842, 3149, 3430 --Berrien County; Board of Commissioners of Roads and Revenues; number of commissioners; change ____........... 2359, 2398, 2559, 3112, 3115 --Insurance; Variable Annuity Contract; define 2901, 2904, 2989 --Georgia Securities Act; Insurance; endowment or annuity contracts ........ .............. 2901, 2903, 2989 --Cosmetology; State Board; members' qualifications ____________._..._....___...._._____..__________2899, 2903, 2988, 2990 --Nashville, City of; Corporate limits _..___..___.._..______--____-__-----_--2613, 2621, 2698, 3112, 3115 --White County; Commissioners of Roads and Revenues; State depositories ....._....2613, 2621, 2698, 3112, 3115 --Atlanta, City of; Corporate limits; increase ___,,.-_2359, 2398, 2559 --Floyd County; Coosa Valley Area Vocational Technical School System; create ___________..-_________.______..__.--.2613, 2621, 2698, 2843, 2869, 3407 --Claxton, City of; Mayor and Councilmen; compensation ____..__________.__.____.____.__._____2613, 2621, 2698, 2843, 2862 --North Georgia Mountains Commission; create .______________.____.__._.._______._...._..2619, 2623, 2699, 2844, 3137, 3429
--North Georgia Mountains Authority; Members' terms of office _.____2619, 2623, 2699, 2844, 3138, 3429
--Chatham County; Board of Commissioners of Roads and Revenues; number of commissioners; change __________________________ 2613, 2622, 2698, 2990, 3031, 3135, 3431
--Chatham County; Board of Commissioners of Roads and Revenues; Chairman and members; compensation __..___.._.-----.--._ 2613, 2622, 269&
--Hospital Advisory Council; Indigent Care; provisions _____.._________---_------.-2707, 2709, 2840, 2841, 3141
SB 414 SB 415 SB 417 SB 419 SB 420
INDEX
3987
--Fannin County; Board of Commissioners of Roads and Revenues; election __----------__----------------2852, 2902, 2988
--Atlanta Judicial Circuit; Solicitor-General; salary _,,___--___2613, 2622, 2699, 3112, 3114
--Highways and Highway Department; Traffic laws; Governor's powers ------------------2901, 2903, 2988, 3113, 3289
--State Planning and Programming Bureau; Powers, duties and responsibilities ----_------------------ 2902, 2904, 2989
--Piedmont Judicial Circuit; Solicitor-General; compensation ------------______--___2899, 2903, 2988, 3112, 3116
PART V
SENATE RESOLUTIONS IN HOUSE
SR 25 SR 53 SR 63
SR 76
SR 77
SR 85
SR 110 SR 138 SR 141
SR 142
SR 146 SR 149
SR 151
SR 154 SR 155
SR 156 SR 157
SR 164
SR 166 SR 167
--Code of Ethics for Government Service; establish ,,__.--338, 576 --Pulton County; purchase of license plates by check ...____ 2703, 2721 --Solicitor General; judicial circuits; change name
to district attorney --------__2619, 2709, 2840, 2842, 3333, 3430 --All-State Bonding Company;
relieve as surety --------------------2616, 2620, 2697, 2842, 3221 --Law Enforcement Officers; assistance to children
in case of disability or death ------------740, 742, 828, 990, 3285 --DeKalb County; change method of selecting
official organ ----------------_______----2902, 2903, 2989 --Criminal Records Study Committee; create -----------2843, 3277 --Notify House Senate convened .__------__,,_----..--.._.--.._---_._._15 --Russell, Senator Richard B.; invite to
address General Assembly ---------- ---------------_._--___-26, 144 --Talmadge, Senator Herman; invite to
address General Assembly _____._---------------__26, 145, 265 --Uniform Time Act; support .----------------------200, 257, 297, 338 --State Constitution; provide for new; amendment
to the Constitution ----------.1666, 1677, 1796, 2845, 3153, 3431 --McGee, S. Russell, III; express sympathy
for passing of -.---,,--------------------------------165, 170 --Tobacco; raise national allotment --------740, 742, 828, 1098, 2952 --Tobacco; grades concealed
from buyers _----------------------------740, 743, 829, 1098, 2952 --Tobacco; graders; procedure ------------740, 743, 829, 1098, 2952 --Governor's appointments; State Senate confirmation;
amendment to the Constitution -----------2565, 2566, 2590, 2704 --White County; Ordinary; furnish
certain law books .------__----------------------741, 743, 829, 990
--Hapeville High School Band; commend _--___.------473, 777
--Tenth Annual Georgia Mayors' Day; pay tribute to ----.473, 778
3988 SR 173 SR 178 SR 179 SR 180 SR 182
SR 183 SR 184 SR 187 SR 193 SR 194
SR 197 SR 202 SR 205 SR 207
SR 209
SR 213 SR 215 SR 218
SR 223 SR 224 SR 227 SR 231 SR 239 SR 242 SR 243
INDEX
--National System of Interstate and Defense Highways; signs _..-_______.....-..___......___1102, 1106, 1164, 1446, 1599
--Uniform Consumer Credit Code Study Committee; create _......________......_.........1517, 1527, 1529, 1664, 3012, 3034, 3313
--Atlanta, City of; property tax; incur debt of 14% of assessed value _...^_1323, 1324, 1444, 2235, 2288, 3001
--Atlanta, City of; bonds; issuance without referendum, certain conditions ______......._.__1804, 1809, 1986, 2352, 2441, 3002
--Floyd County Board of Education; Workmen's Compensation; amendment to the Constitution .___....._______......._.___......__.___..886, 887, 938, 1448, 1467
--Board of Regents; scholarships; amendment to the Constitution _______.__.____..__________.2708, 2710, 2840, 2991, 3217, 343l"
--Atlanta, City of; bonds, issuance without referendum, certain conditions ....__..._..___.._..1804, 1809, 1986, 2353, 2445, 3002
--Motor vehicles; special assessment; amendment to the Constitution ........_____-___..1102, 1106, 1164, 1229, 1800, 2297
--Wilkes County; conveyance of certain State owned property _...........___.___.___-........____1102, 1106, 1164, 1989, 2134, 3406
--Cochran, City of; merge school system with Bleckley County; amendment to the Constitution _..........._..___.__......1323, 1324, 1444, 2354, 2606
--Kennedy, Henry C.; compensate _____________________-__-1804, 1809, 1987 --Adjournment; amend HR 418 _,,-------.._.____________.--1030, 1085 --General Assembly; meetings; amendment
to the Constitution .-...___._..___..............-..... 1666, 1677, 1796, 1801 --Floyd County Board of Education;
staggered terms; amendment to the Constitution ........._..___._._.........._______...1666, 1677, 1797, 2593, 2610 --Jackson County Industrial Development Authority; create; amendment to the Constitution ___._._.___............_...._...........1666, 1677, 1797, 2842, 2876 --Milk sales regulated by General Assembly; amendment to the Constitution _._..-.......-_____..-.....1840, 1840, 1987, 2087, 2962 --State government; authorities; indebtedness; amendment to the Constitution ______._________________________.____.2619, 2623 --Atlanta, City of; bonds for school facilities; referendum; amendment to the Constitution ....____..........__.__...__..2243, 2246, 2349, 2703, 2724, 3000 --Congressional Delegation; promote closer liaison with Governor & General Assembly ................__.___._-._.2851, 2902, 2988 --Chatham County Tax Commissioner; appointment; amendment to the Constitution _...______________._.____.2243, 2246, 2349 --Teacher Hall of Fame; provide ____.____________.______.___________.2708, 2710, 2840, 2841, 3099, 3431
--General Assembly; relative to adjournment _______1740, 1741, 1776
--Lockheed Georgia; commend _______.___________-_________._______--___2085, 2177
--Annual Old-Timers' Day; designate date ____._.................,2085, 2178
--Public authorities; vending stands operated by blind ................._..-..__.-.....-..-.....___.__.--...--_-____-_..2085, 2178
SR 245 SR 246 SR 250 SR 251 SR 253 SR 254 SR 261 SR 263
INDEX
3989
--State Department of Public Health; State Properties Control Commission ..............._2707, 2709, 2840, 2841, 3312, 3371
--State officials; salaries; study committee ___________3170- 3216 --Houston County; Special Court; create; amendment
to the Constitution _____________________2708, 2710, 2840, 3112, 3117 --Jefferson Davis Memorial Highway;
clarify and change __-______________2901, 2903, 2989, 3111, 3285 --Governor's Traffic Safety Study Committee;
create ________________________________________2620, 2710, 2840 --State Government; employment study
committee; create ______________________-.2902, 2904, 2989 --Houston County Building Commission; create;
amendment to the Constitution _.--2708, 2710, 2841, 3112, 3120 --Newton County High School Basketball
Team; commend ____________--____________.__2618, 2771